Loading...
2013-11-19 City Council - Public Agenda-1524'4- o 90� AGENDA EDMONDS CITY COUNCIL Council Chambers — Public Safety Complex 250 5th Avenue North, Edmonds NOVEMBER 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-6328 Approval of City Council Meeting Minutes of November 12, 2013. B. AM-6329 Approval of claim checks #205410 through #205492 dated November 14, 2013 for $879,691.64. C. AM-6309 Acknowledge receipt of a Claim for Damages from David Harb ($407.34). D. AM-6315 Authorize Mayor to sign Interlocal Agreement with Snohomish County for Conservation Futures Grant E. AM-6321 Authorization for Mayor to sign Supplemental Agreement #8 with David Evans & Associates for additional illumination work for the Five Corners Roundabout project F. AM-6323 Authorization for the Mayor to sign Supplemental Agreement No. 2 with the Blueline Group for additional construction inspection and administration services. G. AM-6317 Authorization for Mayor to Sign Intergovernmental Cooperative Purchasing Agreement with Alderwood Water & Wastewater District H. AM-6333 Authorization for the Mayor to sign the SRF loan from the State of Washington for WWTP Switchgear Project I. AM-6324 Authorization for Mayor to Sign HGAC Interlocal Contract for Cooperative Purchasing Agreement Packet Page 1 of 340 J. AM-6326 Approval of Edmonds businesses applying for renewal of their Washington State Liquor Control Board liquor license for the months of October and November 2013. K. AM-6314 2014 Employment Agreement for Executive Assistant to City Council L. AM-6334 Authorization of Letter of Support for potential solar grant partnership. 4. Audience Comments (3 minute limit per person)* *Regarding matters not listed on the Agenda as Closed Record Review or as Public Hearings 5. AM-6247 Public Hearing and potential action on the 2014-2016 Utility Rates Ordinance. 6. (45 Minutes) Presentation and Potential Action on the Proposed Edmonds Downtown Business AM-6320 Improvement District Work Program and Budget for Year 2014. 7. (20 Minutes) Discussion and potential action on the 2014 Engineering and Development Services AM-6332 Fees Resolution. 8. (5 Minutes) 2013 September Budgetary Financial Report AM-6318 9. (10 Minutes) 2013 November Budget Amendment AM-6325 10. (60 Minutes) Proposed Amendments to the 2014 City of Edmonds Budget AM-6335 11. (15 Minutes) Report on City Council Committee Meetings of November 12, 2013 AM-6327 12. (5 Minutes) Mayor's Comments 13. (15 Minutes) Council Comments 14. (15 Minutes) Convene in executive session regarding pending or potential litigation per RCW 42.30.110(1)(i). 15. (5 Minutes) Reconvene in open session. Potential action as a result of meeting in executive session. ADJOURN Parking and meeting rooms are accessible for persons with disabilities. Please contact the City Clerk at (425) 771-0245 with 24 hours advance notice for special accommodations. Packet Page 2 of 340 AM-6328 City Council Meeting Meeting Date: 11/19/2013 Time: Consent Submitted By: Scott Passey Department: City Clerk's Office Review Committee: Committee Action: Type: Action Information Subject Title Approval of City Council Meeting Minutes of November 12, 2013. Recommendation Review and approval. Previous Council Action Narrative Attached is a copy of the draft minutes. 11-12-13 City Council Meeting Minutes Attachments Form Review Form Started By: Scott Passey Started On: 11/14/2013 09:52 AM Final Approval Date: 11/14/2013 3. A. Packet Page 3 of 340 EDMONDS CITY COUNCIL DRAFT MINUTES November 12, 2013 The Edmonds City Council meeting was called to order at 6:00 p.m. by Mayor Earling in the Council Chambers, 250 5t1i 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 Adrienne Fraley-Monillas, Councilmember Diane Buckshnis, Councilmember ALSO PRESENT Thea Ocfemia, Student Representative 1. ROLL CALL STAFF PRESENT Stephen Clifton, Community Services/Economic Development Director Phil Williams, Public Works Director Roger Neumaier, Finance Director Carrie Hite, Parks & Recreation Director Rob English, City Engineer Kernen Lien, Senior Planner Jeff Taraday, City Attorney Scott Passey, City Clerk Jana Spellman, Senior Executive Council Asst. Jeannie Dines, Recorder City Clerk Scott Passey called the roll. All elected officials were present. 2. APPROVAL OF AGENDA COUNCILMEMBER BUCKSHNIS MOVED, SECONDED BY COUNCIL PRESIDENT PETSO, TO APPROVE THE AGENDA IN CONTENT AND ORDER. MOTION CARRIED UNANIMOUSLY. 3. APPROVAL OF CONSENT AGENDA ITEMS COUNCILMEMBER BUCKSHNIS MOVED, SECONDED BY COUNCIL PRESIDENT PETSO, TO APPROVE THE CONSENT AGENDA. MOTION CARRIED UNANIMOUSLY. The agenda items approved are as follows: A. APPROVAL OF CITY COUNCIL MEETING MINUTES OF NOVEMBER 4, 2013 B. APPROVAL OF CLAIM CHECKS #205251 THROUGH #205409 DATED NOVEMBER 7, 2013 FOR $486,723.53. APPROVAL OF PAYROLL DIRECT DEPOSIT AND CHECKS #60544 THROUGH #60557 AND #60570 FOR $461,124.98, BENEFIT CHECKS #60558 THROUGH #60569 AND WIRE PAYMENTS OF $230,964.54 FOR THE PERIOD OCTOBER 16, 2013 THROUGH OCTOBER 31, 2013 C. ACKNOWLEDGE RECEIPT OF CLAIMS FOR DAMAGES FROM AARON L. PANAGOS ($1,000,000.00) AND JOE RICE (AMOUNT UNDETERMINED) Packet Page 4 of 340 4. AUDIENCE COMMENTS Jeff Palmer, Edmonds, spoke in favor of Item 6, approval of an emergency resolution for 76th Avenue West water/sewer project. Entering the rainy season, stormwater entering adjoining properties is an issue. He and his neighbors on the west side of 76th depend on the reinstallation of a thickened edge to direct stormwater to storm drains and prevent flooding onto their property. Senior Utilities Engineer Mike DeLilla assured him that he and his neighbors will be contacted to discuss those needs once a contractor is hired and that a thickened edge will be provided as part of the emergency repairs. Safety has been compromised as a result of the destruction of large sections of curbs and sidewalk. He was told some emergency fixes would occur as part of this work; the City is required under the ADA to bring the entire pedestrian facility up to current standards including the installation of corner curb ramps concurrent with the spring 2014 final project. Communication from Lynnwood has been wholly inadequate and they have been unresponsive to the safety concerns he raised. He requested the City, 1) require and empower an Edmonds inspector or project manager to address the interests of Edmonds' residents, 2) hold a public meeting with the neighborhood to identify needs and seek input for the final spring project, 3) proceed with emergency repairs, and 4) consider placing Santana Trucking and Excavating on the City's list of contractors ineligible to bid on future City projects. Assuming the Council takes action tonight, Mayor Earling advised a press release will be issued, letters sent to neighbors and a meeting held with the neighborhood to describe the process and timeline. Donna Breske, Snohomish, owner of property in Edmonds purchased six years ago for which she has been unable to obtain a building permit, explained following submittal of a building permit application five months ago, she received comments from the Engineering Program Manager stating as a condition of building permit issuance the stormwater from City streets must be diverted onto their lot. She asserted this was a taking under the federal constitution. In response to her question about the authority for that requirement, she received a 12-page letter from the City Attorney. She displayed plat dedication language from the original 1961 plat that states, the City, its predecessors and assigns shall have the right for drainage upon the tracts of land shown on this plat in the reasonable original grading. She emphasized, reasonable original grading, pointing out the City did not have the right to have this lot as a stormwater repository. She displayed a letter from the Lighthouse Law Group that argues the plat dedication language gives the City the right but omits this sentence. She requested the Lighthouse Group reevaluate the plat dedication language in its entirety, asserting a violation of her due process. 5. CLOSED RECORD REVIEW OF THE ARCHITECTURAL DESIGN BOARD'S DESIGN APPROVAL OF POINT EDWARDS' BUILDING 10 TO BE LOCATED AT 50 PINE STREET UNDER FILE PLN20130022. APPEAL NUMBERS APL20130005 - APL20130008 Mayor Earling explained this is City Council deliberations and potential action on the closed record review held on October 15, 2013 regarding four appeals of the ADB's decision conditionally approving revisions to Building 10 of the Point Edwards development which includes a multi -family residential building with 85 units with structured and surface parking totaling 144 parking stalls located at 50 Pine Street. This is the continuation of the October 15, 2013 closed record review on the appeals of Thomas Waggener, the Town of Woodway, Clair and Bill Widing and John and Laura Fleming, and David Inadomi. Mayor Earling described the procedures. City Clerk will make a recording of the proceedings. There will be no opportunity during the closed record appeal hearing for public testimony. Oral argument has been presented by the appellants and the parties of record and that portion of the closed record hearing has been concluded. The Council may have questions of the parties. After questions, the Council will deliberate and make a decision which will be drafted by staff and presented to the Council at a later date for review and approval. Packet Page 5 of 340 Mayor Earling advised Councilmember Yamamoto was not present during the October 15, 2013 closed record hearing due to illness. He is present tonight. Mayor Earling relayed the attorney's advice that Councilmember Yamamoto may participate, citing Belcher v. Kitsap County, as long as Councilmember Yamamoto has prepared himself by reviewing the administrative record including the minutes of the October 15, 2013 hearing. The Council's attorney has a copy of the aforementioned case available for review. Mayor Earling advised one or more of the parties wish to present objections to the preparation of a Council index of appeal issues since the October 15, 2013 continued closed record hearing. Objections will be presented after the Appearance of Fairness/conflict of interest questions are concluded. This will be the only opportunity for the parties to present objections; objections related to this subject will not be allowed during Council deliberations so all objections related to the index of appeal issues must be presented during the time allotted. Mayor Earling asked who planned to present objections. Rick Gifford advised he plans to present 4-5. Tom Waggener asked to defer his objections until after Mr. Gifford speaks; he may raise approximately four issues. Mayor Earling advised City Attorney Jeff Taraday is representing staff; Attorney Carol Morris is representing the Council tonight and represented the Council at the October 15, 2013 closed record hearing. Mayor Earling explained the Appearance of Fairness Doctrine requires this hearing be fair in form, substance and appearance. The hearing must not only be fair, it must also appear to be fair. He asked whether any member of the decision -making body has engaged in communication with opponents or proponents regarding the issues in this appeal outside the public hearing process. Councilmembers Bloom, Fraley-Monillas, Buckshnis, Peterson, Yamamoto and Councilmember Johnson, Council President Petso and Mayor Earling stated they had nothing to disclose. Mayor Earling asked if any member of the Council has a conflict of interest or believes he/she cannot consider and hear the application in a fair and objective manner. Council President Petso and Councilmembers Johnson, Yamamoto, Peterson, Buckshnis, Fraley-Monillas and Bloom and Mayor Earling stated they had no conflicts. Mayor Earling asked whether any audience member objected to his or any Councilmembers' participation. Wayne Tanaka, representing the Town of Woodway, said the Town did not object to Mayor Earling chairing the meeting but he was uncertain that Mayor Earling was a decision -maker because he did not have a vote. Mayor Earling acknowledged he was not a decision maker. There were no other objections voiced. Mayor Earling invited the parties to present objections to the preparation of an index for the Council since the October 15, 2013 continued hearing. He advised each parry will have seven minutes to present their objections. Rick Gifford, 23901 Edmonds Way, attorney representing Edmonds Pine Street LLC, introduced John Goodman, Principal, Edmonds Pine Street LLC; Joe Kolmer and Myer Harrell, Weber Thomas; and Ian Morrison, attorney, McCullough Hill Leary. Mr. Gifford expressed the applicant's concerns and objections to the annotated findings and conclusions and the associated materials provided to the City, Council and Mayor Earling for the Council's review and decision in the pending matter by special counsel Carol Morris. The applicant did not receive a complete copy of the materials submitted to the City by Ms. Morris last week when they were provided to the Council; they received a partial set of materials, the annotated findings and conclusions. They requested a complete package of materials to be Packet Page 6 of 340 provided. Mr. Lien posted a link to the materials and they were able to access electronic copies of the balance of the materials. They received the full packet of materials by mail today. It appears to be no harm, no foul, but they were disappointed the materials were submitted to the Council with no opportunity for review, comment, consideration by the parties as had been agreed. They were disappointed the materials were not complete and that a more expedited means was not used to provide the applicant a complete set of materials until the day of the hearing. Mr. Gifford advised what the Council received is a second set of materials. The idea of an outline/index of the appeal arguments originated with Ms. Morris at the last hearing. At the end of the discussions, she offered to prepare an index or worksheet. He referred to the bottom of page 20 and top of page 21 of the final approved minutes of the October 15, 2013 hearing, where Ms. Morris addresses this issue. At that time Mr. Tanaka asked for opportunity to see and comment on whatever Ms. Morris prepared for submittal to the Council and she agreed. They also felt that was appropriate and necessary under the circumstances. They did not expect a substantial document; they anticipated a bulleted skeletal summary, a quick roadmap for the Council to follow. What they original received from Ms. Morris on October 28 was a 27 page outline. Ms. Morris interrupted and asked that objections be in regard to materials that were provided to the Council and that Mayor Earling rule that the discussion about materials that were not provided to the Council was irrelevant to avoid wasting time discussing materials that the Council never saw. Mayor Earling requested Mr. Gifford's objections refer to the final product the Council received. Mr. Gifford advised a tremendous amount of time, several days, was devoted to responding to the materials during which they conveyed their objections and asked that the materials be withdrawn. Ms. Morris requested Mr. Gifford cease talking about materials that were not provided to the Council. Mr. Gifford relayed his objection to the materials was the tremendous amount of time and cost that was wasted reviewing materials that were abruptly withdrawn when Mr. Tanaka expressed concern last Wednesday. Those materials were replaced by the current materials which have many of the same problems. The materials identify issues never specifically identified by the appellants. They attribute to the appellants specification of findings and conclusions and criteria that the appellants themselves did not apply to their arguments. The materials are a modified, less cumbersome version of the first attempt but are still a modified version of the arguments that were presented. They have no problem with the arguments and have responded as required; however, they have now been altered in sequence and attributions in ways they do not believe accurately reflect the arguments that were presented. Mr. Gifford objected to the fact that these are extra record materials that do not correspond to the arguments presented in the materials, to the delays and incomplete delivery of the materials and to the time and cost expended to respond to materials that were summarily withdrawn. He requested the Council discard and ignore the materials because they are improper, extra record materials that cannot in any manner materially affect the Council's review or consideration of the materials. Although the Council may believe they can ignore the materials, he did not feel it was worth the effort. Thomas Waggener, representing Waggener et al. appellants, introduced co -appellant Christy Cufley. He shared many of the concerns Mr. Gifford raised about the cumbersome process, delays, inaccuracies, etc. He questioned the Council's attorney's responsibility in drafting a document that they were asked to rewrite or add to at the last minute with little notice. He disagreed the documents provided were an index. They were assured the request was an index to the appeal items based on the record; the document provided is a strange mixture of selected quotations or items drawn from the record that are not documented as to source or location, blanks to be filled in by various parties including the applicants and appellants. He assumed an index would be a pointer to direct the reader to relevant information. He recalled Mr. Lien's indication this document would not be a summary; not a Readers Digest edition of the Packet Page 7 of 340 record but a guide to the appeal issues. He used the analogy of looking for a cookie recipe in a cookbook, looking in the index for page number; it doesn't list the pros and cons of the cookie's contents. The materials are a de facto, incomplete, undocumented extract from various pieces of the record, without any guidance to whether they are complete or their original source. He also objected to the very curious process of documenting the appeals, not from the appeals, but a fabricated listing of final facts, conclusions and decision. In their view, it was a wholly erroneous document, not backed up by the record, a misleading listing of wishful thinking of what perhaps someone thought they would like the ADB to have done and what they should have said. From the approximately 800 pages of input to the ADB, what they actually did in contained in a scant 21/2 pages. Ms. Morris interjected that Mr. Waggener was again speaking about the original index that was never presented to the Council. She explained emails were sent to everyone instructing them that that index was abandoned. Mr. Waggener pointed out the final document reflects the findings of fact document; it does not reflect the items enumerated by the appellants as the basis of their appeals which was what they were led to believe the purpose of this exercise to be. He was concerned with the backward process of going to a finding and then trying to find a relevant citation. Their appeal was a one page summary, two page cover letter, five page appeal and five page written argument. It should have been possible to review that information and determine the four substantive appeal issues. Mr. Waggener concluded in representing 42 appellants, over 100 concerned citizens in the community and over 700 petitioners, they expected the input from those citizens to be the basis of the Council's decision, not the wishful thinking of third parties. Ms. Morris explained over 22 issues were presented in the 4 appeals. She asked the Council at the October 15, 2013 hearing whether they wanted her to index those issues for their convenience. She worked on a document that the appellants objected to and at one point decided to abandon work on that index. She instead provided the Council a copy of the ADB's decision, writing in the margin who appealed what issues to allow the Council to easily reference the documents in the record. She color coded the appellants and copied their appeals and the applicant's responses to those appeals in the attachments. She did not summarize anything or prepare a listing of appeal issues. With regard to the objections voiced, Ms. Morris pointed out no one has stated there were any errors; Mr. Gifford said he did not receive the document in paper form until today but he did receive an electronic copy last week. She relayed Mr. Gifford's comment that there was no harm, no foul and that he was disappointed. She recommended the objections be overruled and the Council continue with the hearing. Mayor Earling overruled the objections. He explained the Council's jurisdiction in the closed record hearing is to determine whether the ADB's decision is clearly erroneous given the evidence in the record. The City Council shall affirm, modify or reverse the decision of the ADB accordingly. He advised all oral argument has concluded. The Council may ask clarifying questions on disputed issues to appellants, parties of record or applicants with an opportunity for rebuttal by staff and remaining parties. The City Council shall not request information outside the administrative record. Council President Petso commented sometimes in court cases when there is a major, reversible error, the court will rule on that major reversible error and then say the rest is unnecessary because that is dispositive. If the Council were to find that the standards of the zoning ordinance are not met, she asked whether the Council could end at that point without reviewing all the appeal issues. Ms. Morris answered yes, the Council could if they chose. She recommended the Council consider more than one issue because if there is an appeal and the court finds the Council was wrong on that one issue, it could be sent back to the Council. She summarized the process could be shortened by the Council addressing as many issues as possible. Packet Page 8 of 340 Council President Petso relayed the zoning ordinance indicates there is a minimum of 2,400 square feet needed per dwelling unit. The square footage of this parcel is a little over 90,000 square feet which divided by 2,400 is a maximum of 38 dwelling units permitted on this parcel under the zoning ordinance. The proposal is for significantly more units. She concluded the proposed number of units could not be approved if the zoning ordinance allowed only 38. She noted there are also issues with regard to parking, lights and how the City measures height. Those issues seem irrelevant if the zoning code allows only 38 units. Councilmember Bloom asked for a reference in the zoning code. Council President Petso referred to the right hand column of the table on page 126 of the Bates Stamped record (minimum area per dwelling units — 2,400). The size of the parcel where Building 10 is located according to page 4 is 91,688; a slightly different size is indicated elsewhere in the record. Using either, the maximum number of units is 38. Councilmember Buckshnis suggested the Council identify the major items. She asked whether the Council should vote on each issue. Ms. Morris answered it was up to the Council. Councilmember Buckshnis referred to C.8.c, retain a connection with the scale and character of the City of Edmonds through the use of similar materials, proportions, forms, masses or building elements, commenting that was clearly not the case in Building 10 due to the bulk and height and it is totally out of scale with the rest of the complex. Councilmember Peterson referred to Council President Petso's reference to the minimum area per dwelling units and asked whether that was an appeal issue. Council President Petso advised in the Gifford [sic] appeal there was considerable discussion regarding the concentration/density of units on this parcel. The applicant's response was it shouldn't be measured in terms of the concentration of units but rather developable area. Councilmember Peterson asked whether it was referenced in the ADB Findings, Conclusions and Decision. Council President Petso referred to Item 10 on page 24, the ADB finds the proposed development is consistent with bulk standards, use requirements, parking and other applicable regulations of the zoning ordinance. Councilmember Peterson asked if that was a point on appeal on which the Council could rule. Ms. Morris answered the question that has been raised is whether the minimum square feet per dwelling unit, whether the zoning code has been satisfied, and whether that fits into bulk standards, use requirements, parking and other applicable regulations of the zoning ordinance. Council President Petso referred to Item d on page 2 of the Waggener appeal letter that challenges Conclusions 5, 6, 8, 9, 10 and 12. Councilmember Johnson asked whether staff would like to respond. Mr. Tanaka objected to a response from staff, stating it would open up testimony and opinion after the record has been closed. In his opinion the Council can ask staff where an item is located in the record but not opinions. Councilmember Johnson referred to Council President Petso's reference on page 126 to the minimum lot area per dwelling unit based on the MP1 zone. She asked whether that is for the entire MP zone or the Building 10 parcel. Mr. Tanaka raised the same objection. He suggested an appropriate question may be to ask staff whether there was any place in the record where the zoning of this property is discussed in relation to the density. Mr. Taraday advised this raises a bit a conundrum; from his vantage point of defending the decision on behalf of the ADB, if the Council sustains the objection raised by Mr. Tanaka, it is impossible to answer the question if it was not discussed when the hearing was open. Ms. Morris suggested Councilmember Johnson reframe her question so that staff could indicate whether there was any evidence in the record related to the issue Council President Petso has raised. Packet Page 9 of 340 Councilmember Johnson asked whether there was any reference in the record to address the issue raised by Council President Petso. Mr. Lien referred to page 4 of the record, under Substantive and Zoning, a paragraph that describes the zoning of the subject property. The site is zoned MP1 pursuant to a contract rezone as described in Ordinance No. 3411. Among the conditions of the contract rezone is the project must comply with the restrictions of the Point Edwards Master Plan and subject to and consistent with the zoning and the provisions of the Site Master Plan for Point Edwards as presented to the City Council. He referred to paragraph 11 on the same page that also address the site description for the site — the subject site is part of the Point Edwards Master Plan and contract rezone which originally included ten multifamily structures. He referred to the Point Edwards Master Plan (page 290), the paragraph under Multi -Family Residential, that describes the MP1 zone, the upper yard. He quoted from the text, At a permitted density of 2,400 square feet per dwelling unit, the maximum number of dwelling units that would be allowed on this 24.06-acre site would be 419. He noted the 24.06 acres is the entire MP1 zone. The Master Plan envisioned residential density of 419. The ADB has approved 350 units and the current application for 85 units would be a total of 346 [sic] total units, consistent with the ADB approval, zoning and Master Plan. Council President Petso commented 419 is the maximum but language on page 238 indicates it is not a realistic maximum, the maximum for the entire site would be 419; however, after setting aside land for roads and open space, accounting for site limitations related to steep slopes, density at build -out will be lower than the maximum permitted density. She also found this a clear error because the zoning ordinance does not say the entire site, it states per lot. Councilmember Yamamoto asked whether the ADB's conclusions are consistent with the City code, zoning, Comprehensive Plan, and Point Edwards Master Plan. Ms. Morris answered if Councilmember Yamamoto's question was whether the ADB's decision met those criteria, that was for the Council to decide. Councilmember Yamamoto stated the ADB's decision was consistent with the Master Plan, the Comprehensive Plan and the City's code. Ms. Morris explained the process tonight was to review the appeal issues to determine whether the ADB's decision was clearly erroneous with regard to the appeal issues. Mayor Earling suggested the Council review each page of the annotated ADB Findings, Conclusions and Decision to identify issues. Councilmember Bloom referred to the issue raised by Council President Petso, commenting the ECDC states the minimum lot area per dwelling unit is 2,400 square feet which this project does not reflect. She questioned how the Council could address other issues until that was clarified. Based on his experience serving on the Growth Management Hearings Board, Mayor Earling suggested along with the issue Council President Petso has identified, the Council raise other issues of concern to be included in the Council's Findings of Fact. Councilmembers referred to the annotated ADB Findings, Conclusions and Decision dated August 7, 2013 (page 0001 of the Bates Stamped record) and identified the following: Pie 4 Council President Petso referred to the following: • Item 13 regarding building height, the code allows the roof to extend 5 feet; the documents in the record indicate there is 9 inches in the top 5 feet that are living space not roof which did not seem entirely code compliant. • The Gregory Building was used as a reference for how height was calculated; she did not find this relevant to this parcel. Packet Page 10 of 340 On page 292, the Master Plan states building heights would be calculated separately for each separation portion of a building which does not appear to have been done. Whether the roof design is sufficiently modulated to justify an extra five feet was to be decided by the ADB. She could not find any discussion by the ADB related to that issue. Rather than showing the height calculation, Condition 4 on page 25 states height calculations are required with the building permit application in order to demonstrate that the project complies with the height requirements of the MP1 zone. She recalled that issue arose in a recent appeal where the threshold decision was not made by the decision -maker; this appears to be a repeat of that decision. She preferred to determine whether the project complied with the MP1 zone tonight, not defer that decision to a later date. Ms. Morris referred to Item 13 on page 4 that states the height is 40 feet above the average grade. Council President Petso asked the purpose of Condition 4. Ms. Morris answered she was uncertain; the project must comply with the height limitation in the Findings, Conclusions and Decision. Councilmember Buckshnis referred to Item 12 regarding parking. The total proposed parking is 144 but the ordinance does not state whether it should be all covered parking like the original plans. The proposal is for some structured parking and some surface parking. The original plan, 3 stories with parking undercover, has transformed to 4-5 stories with parking inside and outside. Condition 1 states on -street parking is required to be added at the location of the existing north driveway approach which is no longer being used by Building 10. Pie 5 Council President Petso referred to Item 22, recalling Ms. Morris stated the December 19, 2012 process was irrelevant to this discussion. The appellants state that decision prohibited discussion of certain items in May. To the extent that is true, there is an error in the process. Pages 6, 7, 8 and 9 No issues raised Pie 10 Council President Petso advised she had an issue but was not ready to address it. [Note: Council President Petso declined to identify an issue on this page later in the meeting.] Pie 1 I Council President Petso referred to C.8.a, stating the massiveness of the building was an issue appealed by everyone. She found evidence in the record that even the ADB found the building to be massive. Councilmember Buckshnis concurred with Council President Petso, stating the building was long and massive, and there was plenty of support in the record for that. Pie 12 Councilmember Buckshnis referred to C.8.c, stating the building is not consistent with the downtown area or the bowl area. It is a large 4-5 story massive building with parking outside that is out of character with the surrounding homes and the surrounding area. Councilmember Fraley-Monillas agreed with Councilmember Buckshnis. Council President Petso said somewhere in the record there is an indication that the initial buildings on the site had attempted to modulate the buildings in a style that mimics a residential area or house, 2-3 stories and modulation in house -size chunks. Packet Page 11 of 340 Pie 13 Council President Petso referred to C.10.b which states the proposal should minimize the potential for light to reflect or spill offsite. That was done in the initial buildings by use of lower reflective material and different, lower lights that are not the full height industrial standard lights. If a proposal deliberately does not minimize the light spill of the site via use of lower lights, it does not meet the criteria of minimizing. Councilmember Bloom noted lighting is also related to outdoor surface parking which will require 24 hour lighting. Councilmember Buckshnis commented on the cobra lights and the similarity of the 74-space surface parking to a grocery store parking lot. That was not the original intent which included underground parking. Pie 14 Council President Petso referred to C.13.c, buffering incompatible uses, and said extending the parking lot nearly to the property line leaves little opportunity for buffering. Councilmember Fraley-Monillas asked whether buffering was incompatible. Council President Petso responded single family use may not be considered incompatible with multi -family, but it is a separate and distinct use. If the requirement is to buffer different uses, there is little space to provide a buffer. That same issue is true on two items on page 15. Pie 15 Council President Petso referred to C.13.d, integrate buildings into their site by stepping the building along steep slopes, and said the proposal has come up short on that item. Councilmember Bloom echoed Council President Petso's comment. Councilmember Buckshnis commented the surface parking lot is also a major detraction. Pie 16 No issues raised Pie 17 Council President Petso referred to D. Lb, maintain the smaller scale and character of historic Edmonds, stating the building sizes in the bowl area have been limited; this building would be a departure from that. Councilmember Peterson responded Point Edwards has never been referred to as part of the bowl area. He agreed with limiting building size in the bowl but did not agree with equating a building at Point Edwards with buildings at 5th & Main. Councilmember Buckshnis referred to D. Lb, commenting the original 3-story, underground parking mimicked other Point Edwards buildings. The mass and bulk of the proposed building does not mimic the look of Point Edwards. There is nothing of this size on the waterfront, only on Highway 99 and SR104. Council President Petso referred to D. La, preserve views to mountains and Puget Sound to the west, and said depending on property orientation, views are to the north. She asked whether the Council was limited by that language to considering only views to the west. Ms. Morris answered that was a difficult criterion to enforce without a reference point from which the view needs to be preserved. At some point the view preserved may be a private view; cities do not spend public funds to preserve private views. Mr. Tanaka objected, stating this is a criterion in the code that is presumed valid until proven otherwise. For an attorney representing the Council to suggest it is somehow not enforceable did not fit with his Packet Page 12 of 340 understanding of her responsibilities. Ms. Morris explained her role was to provide the Council her legal opinion and that was her legal opinion. Council President Petso asked whose views the City was entitled to protect because in this case it may not be a resident of Edmonds whose view was protected. Ms. Morris reiterated this criterion was very difficult to enforce because of the question of whose view was being protected, private views were being protected, and whether public funds were being used to protect private views. Councilmember Buckshnis found the applicant had not satisfied this criterion because they had not indicated how it would be met. The finding ignores how the building is oriented and what views will be protected or not protected. Ms. Morris explained the Council's role tonight was to determine whether the ADB's decision in part or in totality was clearly erroneous. Councilmember Buckshnis retracted her comment. Pie 18 Council President Petso referred to D.2.a. and D.2.b which refer to bulk issues that have been previously addressed. Pie 19 Council President Petso referred to D.3.b that relates to bulk issues. Pie 20 Council President Petso referred to D.4.b related to bulk. She referred to DA.e, to become compatible with the surrounding built environment, stating this criteria references wall modulation but the other Point Edwards buildings created house -sized portions via wall modulation. Councilmember Buckshnis referred to mass and bulk, pointing out the largest Point Edwards building has only 41 units. The proposed building does not mimic the existing Point Edwards development. Page 21 & 22 No issues raised Pie 23 Council President Petso referred to Items 5, 6 and 8 that reference bulk, height and non-compliance with the zoning requirements. Pie 24 Council President Petso identified the parking issue, Conclusion 10 which was addressed early in the discussion, and Condition 12 in which the ADB found the proposal conforms to the Site Master Plan; she did not believe it did. Councilmember Buckshnis identified Conclusions 9, 10 and 12. Pie 25 No issues raised Council President Petso explained the Master Plan states fit the development into the hillside; she agreed with staff that the proposal was not harmonious with the topography. The Master Plan also states height will be calculated separately for each portion; she did not find that was done. Mayor Earling declared a 10 minute recess. Packet Page 13 of 340 Ms. Morris identified the following issues related to Findings of Fact and invited the Council to provide additional information and/or references to the record: Minimum square footage per dwelling units and Council President Petso's conclusion that 38 units was the maximum allowed on this site Councilmember Peterson disagreed with Council President Petso's conclusion. He recalled a reference to the record that that did not pertain to individual buildings but a broader calculation. Council President Petso referred to page 238 and the language in the zoning ordinance which states lot, not site. Councilmember Bloom agreed with Council President Petso that the record states a minimum of 2,400 square feet as the minimum allowed in the MP zone. Councilmember Buckshnis referred to page 290 that states after setting aside land for roads, open space, etc., the maximum density would be lower. Councilmember Fraley-Monillas asked whether Councilmember Buckshnis believed the language was vague. Councilmember Buckshnis agreed the language was very vague. Ms. Morris referred to Section 20.11.020.B regarding the ADB's findings on zoning ordinance matters which states the finding of the staff that a proposal meets the bulk and use requirements of the zoning ordinance shall be given substantial deference and may be overcome only by clear and convincing evidence. She asked Councilmember Buckshnis if her conclusion was that was not clear. Councilmember Buckshnis answered it was not clear or convincing. Council President Petso said it was very clear that the finding was incorrect and the zoning code specifically states lot not entire site. Councilmember Peterson asked whether the Council had to give deference to the ADB's decision if the record is vague. He used the analogy of tie goes to the runner. Ms. Morris answered the Council is reviewing the appeal issue to determine whether the ADB is clearly erroneous given the record. The clear and convincing evidence standard is in regard to the ADB's standard when they consider the Planning Director's decision on the zoning ordinance. Councilmembers are indicating that standard was not met because the issue is unclear. Councilmember Johnson disagreed with the reference to minimum lot area per dwelling unit in the MP1, stating that was for the entire zone, not for a specific lot. Ms. Morris suggested the Council vote on each issue. COUNCIL PRESIDENT PETSO MOVED, SECONDED BY COUNCILMEMBER BUCKSHNIS, THAT THE COUNCIL DETERMINE THAT THE CONCLUSION REGARDING DENSITY DEMONSTRATES CLEAR ERROR BECAUSE THE ZONING CODE SPECIFIES LOT, NOT SITE. UPON ROLL CALL, MOTION CARRIED (4-3), COUNCILMEMBERS BLOOM, BUCKSHNIS AND FRALEY-MONILLAS AND COUNCIL PRESIDENT PETSO VOTING YES; COUNCILMEMBERS JOHNSON, YAMAMOTO AND PETERSON VOTING NO. Building Height Ms. Morris referred to Section 20.11.020, general design review, explaining the ADB is supposed to make findings on the criteria and Comprehensive Plan. The criterion in building design does not list any zoning code standards. She clarified the distinction she was making was whether the Council can overturn the ADB's decision whether the building meets the height limit in the zoning ordinance if the building Packet Page 14 of 340 actually meets the zoning code standards. She understood the Council had issues related to bulk and mass but with regard to height, the height of a structure is not a design standard. Council President Petso relayed her understanding that the proposal must meet the zoning code and the Master Plan, both of which specify building height and the Master Plan speaks to the method used to calculate height. Ms. Morris clarified she was trying to distinguish whether the application met the zoning code standards for height. Based on the facts in the record, she had not heard anyone say the building does not meet the zoning code standard for height. Councilmember Buckshnis commented because the roof modulation has not been provided, it is unknown whether the modulation was done correctly to allow the 5-foot incentive. Ms. Morris clarified the issue was the modulation standard in the Comprehensive Plan, not the zoning code standard for height. She advised height is not a criteria, it is a zoning standard. The ADB looks at building design, there are a number of things under building design but it does not include zoning code standards. She summarized the building may meet the height requirement but there is an issue with height modulation. Council President Petso said from her review of the record, there has been no determination that the building is sufficiently modulated to obtain the additional 5-feet in height, the 5-feet in additional height is not used entirely for roof like it should be, there is a question whether the Gregory building provides the correct method of calculating height, and there is a question whether the separate building method was used to calculate height as required by the Master Plan. She was also concerned that height had not been demonstrated but rather was conditioned in Condition 4 of the ADB's approval. Mr. Tanaka referred to the last sentence in Conclusion 8b on page 23 where the ADB concluded the building is compliant with the maximum height. He questioned why that statement was included in the ADB's conclusions if that was not within their authority. Ms. Morris clarified she did not say it was not within the ADB's authority. She stated according to the code staff s finding that a proposal meets the bulk and use requirements of the zoning ordinance must be given substantial deference and may be overcome only by clear and convincing evidence. The ADB made a finding that the building complies with the code which is a zoning standard. Mr. Tanaka asked if the majority of the Council finds clear and convincing evidence that the ADB was clearly erroneous, could they make a finding that the ADB was clearly erroneous with regard to the last sentence in Conclusion 8b on page 23. Ms. Morris answered yes, if there is evidence to support that it is clearly erroneous. COUNCIL PRESIDENT PETSO MOVED, SECONDED BY COUNCILMEMBER BUCKSHNIS, THAT THE COUNCIL DETERMINE THAT THE ARCHITECTURAL DESIGN BOARD'S FINDINGS REGARDING HEIGHT ARE CLEARLY ERRONEOUS. Councilmember Peterson said he will vote against the motion. The record shows the height of 40 feet was met via modulation as allowed by code. Councilmember Buckshnis referred to drawings on pages 467, 468, 469, 070 and 071 that show the modulation of the roof does not meet the 5-foot incentive standard. UPON ROLL CALL, MOTION CARRIED (4-3), COUNCILMEMBERS BUCKSHNIS, FRALEY- MONILLAS AND BLOOM AND COUNCIL PRESIDENT PETSO VOTING YES; COUNCILMEMBERS PETERSON, JOHNSON AND YAMAMOTO VOTING NO. Whether parking complies with code, covered and uncovered Councilmember Buckshnis referred to the initial drawings on page 466 that showed underground parking, now the parking has changed to half underground and half in a parking lot. The code does not state whether covered or uncovered parking is required and therefore it has not been addressed. Packet Page 15 of 340 Councilmember Peterson commented if the original drawings showed all the parking underground and ten spaces above ground, it could be denied on that basis. The code does not state parking needs to be underground or surface. They meet the code requirements for parking; whether it is esthetic or not is not the Council's job to determine. He concluded the parking standards have been met, regardless of whether he like the way they looked. Council President Petso disagreed with Councilmember Peterson, pointing out on page 200 the original proposal indicated the parking is proposed to be provided in garages, guest and overflow parking will be on the street. She concluded the original proposal and likely most of the existing building on the site use primarily under -building parking for residents. To the extent the guidelines require consistency with existing development or screened parking, it would be correct to require it for this project. Councilmember Buckshnis referred to Condition 1 that states on -street parking is required to be added at the location of the existing northern driveway approach which is no longer being used by Building 10. Councilmember Bloom referred to page 200 and the statement that most of the required parking is proposed to be provided in parking garages. She recalled somewhere in the materials that staff used the parking requirements in the general code because there were no specific parking requirements for the site other than the statement that most of the required parking is proposed to be provided in parking garages. Referencing other code is inconsistent with Point Edwards. COUNCIL PRESIDENT PETSO MOVED, SECONDED BY COUNCILMEMBER BUCKSHNIS, THAT THE COUNCIL FIND THE PARKING IS NOT COMPLIANT WITH THE ORIGINAL MASTER PLAN, THE EXISTING BUILDINGS ON SITE OR THE NEED TO BUFFER NEARBY RESIDENCES. Councilmember Johnson asked for references. Council President Petso referred to page 200 where it states the original intent of the project is to provide most of the required parking in parking garages. The design guidelines address the need to buffer the existing residential neighborhood; constructing the parking lot nearly to the property line reduces the opportunity to provide a buffer. Councilmember Buckshnis referred to page 178 where it states 70 parking spaces will be in a garage and 74 spaces will be in a surface lot. Ms. Morris advised these were zoning code requirements. She referred to C.14.c on page 15 of the ADB's decision, reduces harsh visual impact of parking lots and cars, and suggested Council President Petso rephrase the motion to state it is clearly erroneous. Council President Petso restated the motion as follows: THAT THE COUNCIL FIND C.14.c IS CLEARLY ERRONEOUS. UPON ROLL CALL, MOTION CARRIED (5-2), COUNCIL PRESIDENT PETSO AND COUNCILMEMBERS FRALEY-MONILLAS, BUCKSHNIS, BLOOM, AND JOHNSON VOTING YES; COUNCILMEMBERS YAMAMOTO AND PETERSON VOTING NO. Process used by the ADB in its decision making Ms. Morris recommended this not be included and the Council instead focus on the application of the ADB criteria to this application. Whether the building is massive (page 11) Ms. Morris relayed what she heard Councilmembers say was the building is not consistent with downtown Edmonds or the surrounding area, it is not consistent with the smaller scale and character of Edmonds, it does not mimic the remainder of Point Edwards, and mass and bulk are in excess of existing Packet Page 16 of 340 development at Point Edwards. There was also a question raised regarding whether Point Edwards was part of the bowl. Council President Petso referred to 4.a.D.2, reduce bulk and massive buildings, advising there were other references in the materials that she was unable to locate at this time. Councilmember Johnson commented a key issue that has not been discussed is the point -of -view. There is a different perspective looking downhill than looking uphill. Building 10 is the only building uphill and needs to be looked at from all perspective of Point Edwards. Councilmember Peterson reiterated none of Buildings 1-9 would fit the scale of downtown Edmonds such as at 5th & Main. While he agreed Building 10 was a big building compared to downtown Edmonds, using that comparison Building 1 was a massive building. He suggested perspective of the building mass needed to be understood; comparing it to the rest of Point Edwards, not downtown Edmonds or adjacent residential areas that are outside Edmonds. Ms. Morris asked how it compared to other Point Edwards buildings. Councilmember Peterson acknowledged it was a much bigger building but that the size had been taken into account somewhat via architectural design. He did not find anything in the code that said this building had to be the same size as the other Point Edwards buildings. Councilmember Fraley-Monillas felt the bulk and mass of Building 10 was far different than the bulk and mass of the other buildings in Point Edwards and comparing it with the other Point Edwards buildings, it appears to be very massive. Councilmember Buckshnis referred to pages 468 and 469 that illustrate a long, massive, unbroken, monotonous building that is out of character with the waterfront area and Point Edwards. Ms. Morris clarified those pages were attachments in a letter from Rick Gifford to Kernen Lien dated October 4, 2013. Councilmember Bloom quoted from the May 9 staff, The overall scale of the building is out of character with the Point Edwards development and is not harmonious with the site's topography. COUNCIL PRESIDENT PETSO MOVED, SECONDED BY COUNCILMEMBER BUCKSHNIS, THAT THE COUNCIL FINDS CLEAR ERROR IN THE DETERMINATION BY THE ADB THAT THE BUILDING IS NOT EXCESSIVE MASSIVE WITH PARTICULAR REFERENCE TO 4.a.C.8 AND 4.a.D.2. Council President Petso clarified the intent of the motion was not to limit the finding to only those two standards. MOTION CARRIED (4-2-1), COUNCILMEMBERS YAMAMOTO AND PETERSON VOTING NO; COUNCILMEMBER JOHNSON ABSTAINING. Light Ms. Morris relayed issues were raised with regard to light, lighting of the parking lot and whether the application met the requirements related to lighting. She suggested the Council review C.10.b. Councilmember Bloom relayed the 74 surface parking spaces create a necessity for 24-hour lighting which will result in a great deal of reflection and spill off -site. Council President Petso expressed concern with the type of lights used; the requirement is to minimize the potential for light to reflect or spill off -site. Given there is already lower impact lighting in that area, it is clearly not minimized if that form of lighting is not used. Packet Page 17 of 340 COUNCIL PRESIDENT PETSO MOVED, SECONDED BY COUNCILMEMBER BUCKSHNIS, THAT THE COUNCIL FIND THE ARCHITECTURAL DESIGN BOARD'S DECISION TO BE CLEARLY ERRONEOUS IN THEIR APPROVAL OF THE LIGHTING FOR THE REASONS JUST STATED. Councilmember Peterson did not support the motion as he found the ADB did take into account landscaping and ways to minimize illumination spill off -site. With regard to the reference to 24-hour light, he pointed out it is not dark 24 hours a day and lights will only be on at night. He found the ADB had made efforts to minimize illumination while taking public safety and pedestrian and vehicle safety into account. Councilmember Johnson requested a reference to the lighting plan in the application. Mr. Lien referred to the lighting plan on page 186. Councilmember Yamamoto pointed out it is difficult to surmise the brightness and amount of lighting from the drawing. He agreed a certain amount of lighting was necessary for safety. The applicant has done lighting elsewhere and he assumed the intent was not supermarket lighting. Councilmember Buckshnis referred to C.10.b and C.10.c that reference lighting requirements. She recalled reference to a cobra head light fixture which provides extra illumination. MOTION CARRIED (4-2-1), COUNCILMEMBERS PETERSON AND YAMAMOTO VOTING NO; COUNCILMEMBER JOHNSON ABSTAINING. Landscaping Ms. Morris relayed she heard the Council say landscaping was not adequate to buffer incompatible uses. She referenced page 14 of the ADB's decision. Council President Petso referred to 4.a.C.13.c, buffer incompatible uses, 4.a.C.14.b, maintain privacy of single family residential areas, and 4.a.C.14.c, reduce harsh visual impact of parking lots and cars. Ms. Morris asked why the ADB's decision was clearly erroneous with regard to those standards. Council President Petso responded permitting the parking lot to extend virtually to a rockery near the property line minimizes the opportunity to provide any buffering. Councilmember Buckshnis referred to the condition regarding off-street parking, questioning how that would be accomplished when there is a massive parking lot. Councilmember Johnson referred to the statement on page 15 that landscaping is provided along the southern property line to buffer the development from the single family property to the south of the site which seems to contradict the comments that have been made. Council President Petso recalled a schematic showing the parking lot extends virtually to the property line on the south side, the side adjacent to single family residential. Mr. Lien referred to the landscape plan on page 171. Councilmember Peterson did not find any erroneous finding by the ADB especially related to buffering incompatible uses. As the ADB points out, Building 10 is located within the Point Edwards development, a multi -family development that abuts other areas of multi -family. Landscaping has been provided to minimize impacts. He particularly did not find C.13.c erroneous. Packet Page 18 of 340 Councilmember Fraley-Monillas referred to I Lc on page 24 of the ADB's Finding, Conclusions and Decision. Council President Petso recalled a photograph, a schematic or artist rendering of the view of the parking lot from the southwest corner that illustrated a fairly exposed parking lot due to the lack of space available for buffering. Councilmember Bloom suggested what Council President Petso was referring to was on page 170 and 171 which illustrates no buffer at all on the west and a narrow rockery. Page 171 illustrates substantial landscaping on the north side but little on the south side adjacent to Woodway. Councilmember Buckshnis referred to an aerial photograph on page 148 the illustrates the size and bulk of the other Point Edwards building and the meandering road compared to Building 10, the parking lot and small areas of landscaping. COUNCIL PRESIDENT PETSO MOVED, SECONDED BY COUNCILMEMBER BUCKSHNIS, THAT THE COUNCIL FIND THE ARCHITECTURAL DESIGN BOARD WAS CLEARLY ERRONEOUS IN DETERMINING THAT THIS PROPOSAL MET THE LANDSCAPING CRITERIA. MOTION CARRIED (5-2), COUNCILMEMBERS YAMAMOTO AND PETERSON VOTING NO. Stepping the building into the steep slope (C.13.b on page 15) Council President Petso recalled this was also relevant to compliance with the Master Plan. Councilmember Buckshnis referred to pages 148 and 149 and issues related to bulk and mass, noting the building was not stepped or integrated into the steep slope. Councilmember Yamamoto referred to page 160 that illustrates how the building is integrated into the slope. Council President Petso referred to a reference Councilmember Bloom provided related to the height that the building was not harmonious with the topography. Councilmember Peterson commented whether or not he appreciated the overall design, within the guidelines the ADB was working with, the building is stepped into the hillside. Whether he liked the look of the building was irrelevant because the Council's role was to determine whether the ADB made a proper conclusion using the codes and guidelines and it was his belief they had. Councilmember Bloom commented the Master Plan states the building will be designed to fit into the terraced hilltop and hillside. She did not have anything specific; it just did not look as if it were stepped into the hillside. None of the drawings illustrate that it is stepped into the hillside. Council President Petso commented excerpts from the Downtown Waterfront Plan outline what is not desired for this site; a graphic showing one building extending above is labeled as not acceptable. Councilmember Bloom commented the parking lot on the south end of the building that is between the building and the hillside prevents the building being stepped into the hillside. Councilmember Peterson pointed out the front of the building is four stories and the back or hillside side of the building has two visible stories; by definition the bottom stories have been worked into the hillside. Whether he liked the design was irrelevant, it was built into the hillside. He acknowledged it would have been more to his liking if it had been built into the hillside more but his role tonight was not to inform the applicant what he would like to see. Packet Page 19 of 340 COUNCIL PRESIDENT PETSO MOVED, SECONDED BY COUNCILMEMBER BUCKSHNIS, THAT THE COUNCIL FIND THE DETERMINATION BY THE ADB TO BE CLEARLY ERRONEOUS WITH REGARD TO THE REQUIREMENTS THAT THE BUILDING BE STEPPED INTO THE HILLSIDE AND HARMONIOUS WITH THE TOPOGRAPHY. Councilmember Johnson concurred with Councilmember Peterson that it depends on one's perspective, whether looking uphill or downhill. If one level is two stories and other four stories, it would seem it has been integrated into the hillside. She recognized the design was not to everyone's liking but it clearly met this requirement. UPON ROLL CALL, MOTION CARRIED 4-3, COUNCILMEMBERS BUCKSHNIS, FRALEY- MONILLAS AND BLOOM AND COUNCIL PRESIDENT PETSO VOTING YES; COUNCILMEMBERS PETERSON, JOHNSON AND YAMAMOTO VOTING NO. Mayor Earling advised Ms. Morris will draft Findings of Fact for the Council's consideration and discussion at a future meeting. Mr. Tanaka asked whether a motion would be made with regard to the appeals. Mayor Earling answered that could be done tonight or when the Council considers the Findings of Fact. Ms. Morris agreed. COUNCIL PRESIDENT PETSO MOVED, SECONDED BY COUNCILMEMBER BLOOM, TO REVERSE THE DECISION OF THE ADB. Councilmember Buckshnis asked whether the Council would revote after reviewing the draft Findings of Fact. Ms. Morris answered yes, she will draft findings based on the Council's input tonight, the record and the citations the Council provided and the ones she finds to support the Council's decision. Once the Council reviewed the findings, it could even reverse its decision. Councilmember Peterson did not support the motion. He explained the Council is sitting as a quasi- judicial body, not a legislative body making design decisions that are good for the community or changing height limits or building massing. The Council is required to interpret the law as written. He believed the ADB fulfilled their duty although he did not especially like the design and size of Building 10 or even some of the existing buildings. A quasi-judicial process is not a time to pick and choose laws the Council likes or doesn't like. He was uncomfortable being in a quasi judicial, a role the Council has chosen to be in, and preferred it be handled by a professional. He believed the ADB meticulously reviewed and applied relevant city code and design guidelines. He looked forward to the Council making changes to the code during code rewrite but said that cannot be done retroactively. Councilmember Johnson explained the Council is not in its usual legislative role tonight. She preferred to see the findings Ms. Morris prepared before taking a final vote. Councilmember Buckshnis spoke in favor of Title 20 which allows citizens to speak before the Council. Although the Council is usually in a legislative role, they can also act in a quasi-judicial role. She felt it was important for citizens to know they could come to the Council. The Council provides checks and balances to the ADB volunteers who are appointed by the Mayor and make very important decisions. Councilmember Fraley-Monillas believed the ADB made some mistakes. The Council takes this role very seriously and has spent hours reviewing the materials. UPON ROLL CALL, MOTION CARRIED (4-3), COUNCIL PRESIDENT PETSO AND COUNCILMEMBERS FRALEY-MONILLAS, BUCKSHNIS, AND BLOOM VOTING YES; COUNCILMEMBERS YAMAMOTO, PETERSON AND JOHNSON VOTING NO. Packet Page 20 of 340 Council President Petso asked whether that restriction on Councilmembers talking to proponents or opponents remained until the Findings of Fact were adopted. Ms. Morris answered that restriction remains until 21 days after the Findings of Fact and Conclusions are approved and entered. If there is an appeal, the restriction remains in effect throughout the appeal. The Council should not discuss the project with newspaper reporters, opponents or proponents. December 3, 2013 was established as the date when Ms. Morris will present Findings of Fact and Conclusions to the Council. 6. RESOLUTION DECLARING AN EMERGENCY AND WAIVING PUBLIC BIDDING REQUIREMENTS, AUTHORIZE THE MAYOR TO SIGN CONTRACTS WITH EARTHWORKS ENTERPRISES, INC. AND LAKESIDE INDUSTRIES, INC. TO COMPLETE CONSTRUCTION OF THE WATERMAIN REPLACEMENT AND TEMPORARY ASPHALT OVERLAY ON 76TH AVENUE W BETWEEN 18223 76TH AVE W AND 17410 76TH AVE W, AND APPROPRIATE ADDITIONAL FUNDS FROM THE ENDING FUND BALANCE OF THE 421 WATER UTILITY FUND FOR THE TEMPORARY ASPHALT OVERLAY CONTINGENT UPON CITY OF LYNNWOOD'S COMMITMENT TO REIMBURSE THE CITY OF EDMONDS Public Works Director Phil Williams explained the emergency is the upcoming winter weather, the condition of the road and getting the road into a condition where it can be over -wintered safely without hazards, identifying an area for pedestrians to walk, and providing a smoother the surface. He explained this is Lynnwood's project to add a new sewer line in 76`h Avenue to improve capacity and eliminate overflows during heavy rainfall. Installation of the sewer line is complete. Edmonds partnered with Lynnwood to install a new waterline in 76"' by Lynnwood's contractor. The contractor has done a small portion of the work, 465 feet of approximately 2,000 feet, and has purchased some materials. Lynnwood issued a letter of default to the contractor, waited the appropriate period, and received a response stating it was not their fault. Lynnwood has approached the surety that represents the contractor but that discussion has not resulted in the surety's immediate assumption of the project. The proposal is to declare an emergency, allow the normal public bidding requirements to be waived and negotiate a contract with Earthworks who did a terrific job on 220"'. He reviewed the following: 761h Avenue Waterline 761h Avenue Budget $765,786.15 Lynnwood Cost to Date 275,940.98 Lynnwood Cost Pending Allowance 30,000.00 Constr. Admin. Expended to Date (approx.) 21,000.00 Emergency Work Earthworks Enterprises, Inc. 362,320.17 HWA 15,587.00 Construction Inspection/Admin 30,000.00 Unexpected Conditions 30,920.00 Total $765,768.15 Mr. Williams explained the resolution also authorizes the Mayor to sign a contract with Lakeside Industries to do temporary paving after the waterline is installed to get the street through the winter. The price of repairs and 1 %2 inch asphalt is $100,400. The Mayor would only sign the contract with written agreement from Lynnwood to pay for it. Packet Page 21 of 340 Councilmember Bloom inquired about the cost of the waterline. Mr. Williams answered $765,768.15 was the bid amount from the contractor for the waterline; Lynnwood's sewer project has a separate scope. He explained the contractor installed approximately 460 feet of the total 2,000 feet, leaving approximately 1,500 feet to be installed. Earthworks calculation of materials, labor and equipment totals $362,320.17. Councilmember Bloom asked whether Lynnwood would reimburse the City for that cost. Mr. Williams answered Lynnwood would not reimburse the cost to complete the waterline; Lynnwood needs to commit to the interim fix on the road. Final paving will be done next spring by Lynnwood. COUNCILMEMBER BUCKSHNIS MOVED, SECONDED BY COUNCILMEMBER FRALEY- MONILLAS, TO APPROVE RESOLUTION 1301, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EDMONDS, WASHINGTON, AUTHORIZING THE MAYOR AND STAFF TO WAIVE COMPETITIVE BIDDING REQUIREMENTS IN ORDER TO ENTER INTO CONTRACTS WITH EARTHWORK ENTERPRISES , INC. AND LAKESIDE INDUSTRIES, INC. TO COMPLETE CONSTRUCTION OF THE WATERMAIN REPLACEMENT AND TEMPORARY ASPHALT OVERLAY ON 76TH AVE W BETWEEN 18223 76TH AVE W AND 17410 76TH AVE W. MOTION CARRIED UNANIMOUSLY. 7. MAYOR'S COMMENTS — None 8. COUNCIL COMMENTS - None 9. CONVENE IN EXECUTIVE SESSION REGARDING POTENTIAL LITIGATION PER RCW 42.30.110(1)(i) At 8:51 p.m., Mayor Earling announced that the City Council would meet in executive session regarding 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. Action may 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 Public Works Director Phil Williams, City Engineer Rob English, City Attorney Jeff Taraday, and City Clerk Scott Passey. The executive session concluded at 9:08 p.m. Mayor Earling reconvened the regular City Council meeting at 9:09 p.m. No action was taken as a result of meeting in executive session. 10. ADJOURN TO CITY COUNCIL COMMITTEE MEETINGS With no further business, the Council meeting was adjourned to committee meetings at 9:10 p.m. Packet Page 22 of 340 AM-6329 City Council Meeting Meeting Date: 11/19/2013 Time: Consent Submitted For: Roger Neumaier Department: Finance Review Committee: Type: Action Information Submitted By: Committee Action: 3. B. Nori Jacobson Subject Title Approval of claim checks #205410 through #205492 dated November 14, 2013 for $879,691.64. Recommendation Approval of claim checks. Previous Council Action N/A Narrative In accordance with the State statutes, City payments must be approved by the City Council. Ordinance #2896 delegates this approval to the Council President who reviews and recommends either approval or non -approval of expenditures. Fiscal Year: 2013 Revenue: Expenditure: 879,691.64 Fiscal Impact: Claims $879,691.64 Claim checks 11-14-13 Proiect Numbers 11-14-13 Inbox Reviewed By City Clerk Scott Passey Mayor Dave Earling Finalize for Agenda Scott Passey Form Started By: Nori Jacobson Final Approval Date: 11/14/2013 Fiscal Impact Attachments Form Review Date 11/14/2013 10:57 AM 11/14/2013 11:23 AM 11/14/2013 12:30 PM Started On: 11/14/2013 10:14 AM Packet Page 23 of 340 Packet Page 24 of 340 vchlist Voucher List Page: 1 11/14/2013 10:00:50AM City of Edmonds Bank code : usbank Voucher Date Vendor Invoice PO # Description/Account Amount 205410 11/14/2013 065052 AARD PEST CONTROL 325938 PEST CONTROL SENIOR CENTER PEST CONTROL SENIOR CENTER 001.000.64.576.80.48.00 105.00 9.5% Sales Tax 001.000.64.576.80.48.00 9.98 Total: 114.98 205411 11/14/2013 069751 ARAMARK UNIFORM SERVICES 655-7104813 PARKS MAINT UNIFORM SERVICE PARKS MAINT UNIFORM SERVICE 001.000.64.576.80.24.00 31.25 9.5% Sales Tax 001.000.64.576.80.24.00 2.97 Tota I : 34.22 205412 11/14/2013 071124 ASSOCIATED PETROLEUM 0496303-in FUEL fuel for SSI and Gen set 423.000.76.535.80.32.00 2,105.32 9.5% Sales Tax 423.000.76.535.80.32.00 200.01 Total: 2,305.33 205413 11/14/2013 001795 AUTOGRAPHICS 79325 NAME CHANGE Name change City Clerk plaque 001.000.25.514.30.31.00 45.00 9.5% Sales Tax 001.000.25.514.30.31.00 4.28 Total: 49.28 205414 11/14/2013 073760 BLUELINE GROUP LLC 7685 E3JA & E2GB.SERVICES THRU OC- E3JA & E2GB.Services thru October: 421.000.74.594.34.41.10 9,587.00 E3JA & E2GB.Services thru October: 423.000.75.594.35.41.30 682.25 Total: 10,269.25 Page: 1 Packet Page 25 of 340 vchlist Voucher List Page: 2 11/14/2013 10:00:50AM City of Edmonds Bank code : usbank Voucher Date Vendor Invoice 205415 11/14/2013 002500 BLUMENTHAL UNIFORMS & EQUIP 24138 205416 11/14/2013 065739 BOBBY WOLFORD TRUCKING & 058355 205417 11/14/2013 074229 BONNIEAUBUCHON 205418 11/14/2013 069295 BROWN, CANDY 058485 AUBUCHON 17567 BROWN 17670 PO # Description/Account Amount INV#24138 - EDMONDS PD - HONNI L/S BLACK TDU SHIRT 001.000.41.521.21.31.00 49.99 SEW NAME TAG ON SHIRT 001.000.41.521.21.31.00 1.00 CLOTH NAME TAG "HONNEN" 001.000.41.521.21.31.00 4.95 SEW BADGE ON SHIRT 001.000.41.521.21.31.00 1.00 HEAT STAMP DETECTIVE ON SHIP 001.000.41.521.21.31.00 6.00 BLACK PANTS 001.000.41.521.21.31.00 69.99 9.5% Sales Tax 001.000.41.521.21.31.00 12.63 Total : 145.56 Storm Dump Fees Storm Dump Fees 422.000.72.531.10.49.00 80.00 7.7% sales tax 422.000.72.531.10.49.00 6.16 Storm Dump Fees Storm Dump Fees 422.000.72.531.10.49.00 607.50 7.7% sales tax 422.000.72.531.10.49.00 46.78 Total : 740.44 PAINTING 17567 PAINTING 17567 001.000.64.571.22.41.00 97.50 Total : 97.50 PACIFIC NORTHWEST BIRD 17670 PACIFIC NORTHWEST BIRD 17670 Page: 2 Packet Page 26 of 340 vchlist Voucher List Page: 3 11/14/2013 10:00:50AM City of Edmonds Bank code : usbank Voucher Date Vendor Invoice PO # Description/Account Amount 205418 11/14/2013 069295 BROWN, CANDY (Continued) 001.000.64.571.22.41.00 23.10 Total: 23.10 205419 11/14/2013 061966 CAMP FIRE BOYS & GIRLS CAMP FIRE 17554 BABYSITTING BASICS BABYSITTING BASICS 001.000.64.571.22.41.00 150.00 Total: 150.00 205420 11/14/2013 071816 CARLSON, JESSICA CARLSON 17792 CUSTOM HOLIDAY CARDS 17792 CUSTOM HOLIDAY CARDS 17792 001.000.64.571.22.41.00 100.00 Total: 100.00 205421 11/14/2013 003510 CENTRAL WELDING SUPPLY RN10130989 CEM GAS CEM gas 423.000.76.535.80.31.21 58.00 9.5% Sales Tax 423.000.76.535.80.31.21 5.51 Total: 63.51 205422 11/14/2013 019215 CITY OF LYNNWOOD 10408 INV#10408 CUST#47 - EDMONDS P NARCOTICS SGT JULY-SEPT 2013 104.000.41.521.21.51.00 9,916.58 Total: 9,916.58 205423 11/14/2013 019215 CITY OF LYNNWOOD 10404 NOV O&M CHARGES November O&M charges for sewage 423.000.75.535.80.47.20 27,602.00 Total: 27,602.00 205424 11/14/2013 022200 CITY OF MOUNTLAKE TERRACE 2550 Alliance for Housing Authority 2014 Alliance for Housing Authority 2014 001.000.11.550.10.49.00 2,385.00 Total: 2,385.00 205425 11/14/2013 073135 COGENT COMMUNICATIONS INC NOV-13 C/ACITYOFED00001 Page: 3 Packet Page 27 of 340 vchlist Voucher List Page: 4 11/14/2013 10:00:50AM City of Edmonds Bank code : usbank Voucher Date Vendor Invoice PO # Description/Account Amount 205425 11/14/2013 073135 COGENT COMMUNICATIONS INC (Continued) Nov-13 Fiber Optics Internet Connect 001.000.31.518.87.42.00 406.00 Total: 406.00 205426 11/14/2013 072848 COPIERS NW INV946519 INV#INV946519 ACCT#HMH636 - E[ MO COPIER RENTAL 10/5 - 11/04/13 001.000.41.521.10.45.00 226.77 9.5% Sales Tax 001.000.41.521.10.45.00 21.54 INV946520 INV#INV946520 ACCT#HMH636 - E[ BLACK COPIES 10/5 - 10/4/13 001.000.41.521.10.45.00 69.78 COLOR COPIES 10/5 - 11/4/13 001.000.41.521.10.45.00 125.30 9.5% Sales Tax 001.000.41.521.10.45.00 18.53 Total: 461.92 205427 11/14/2013 065683 CORRY'S FINE DRY CLEANING OCT 2013 MISSING OCT 2013 MISSING SLIPS - EDMOr MISSING SLIPS FROM 10-2013 001.000.41.521.22.24.00 63.26 Total: 63.26 205428 11/14/2013 072189 DATASITE 38035 SHREDDING SERVICES/CABINETS Doc Shred & Storage City Clerk 001.000.25.514.30.41.00 90.00 Doc Shred Services Finance 001.000.31.514.23.41.00 25.00 Total: 115.00 205429 11/14/2013 047450 DEPT OF INFORMATION SERVICES 2013100237 CUSTOMER ID# D200-0 Scan Services for October 001.000.31.518.88.42.00 940.00 Total: 940.00 Page: 4 Packet Page 28 of 340 vchlist Voucher List Page: 5 11/14/2013 10:00:50AM City of Edmonds Bank code : usbank Voucher Date Vendor Invoice PO # Description/Account Amount 205430 11/14/2013 064531 DINES, JEANNIE 13-3399 MINUTE TAKING Council Minutes 10/29 001.000.25.514.30.41.00 210.00 13-3400 MINUTE TAKING Council Minutes 11/4 001.000.25.514.30.41.00 390.00 Total: 600.00 205431 11/14/2013 069912 EDMONDS PUBLIC FACILITIES DIST 2013DebtService DECEMBER 2013 BOND OBLIGATIC December 2013 Contingency Reserve 001.000.39.598.19.52.00 180,000.00 Total: 180,000.00 205432 11/14/2013 038500 EDMONDS SENIOR CENTER 2013-11-01 11/13 RECREATION SERVICES COP 11/13 Recreation Services Contract F 001.000.39.555.00.41.00 5,000.00 Total: 5,000.00 205433 11/14/2013 008705 EDMONDS WATER DIVISION 5-10351 23823 76TH W 23823 76TH W 001.000.64.576.80.47.00 50.90 Total: 50.90 205434 11/14/2013 008812 ELECTRONIC BUSINESS MACHINES 093172 COPIES MAINT COPIES MAINT 001.000.23.523.30.35.00 85.42 Total: 85.42 205435 11/14/2013 008812 ELECTRONIC BUSINESS MACHINES 092999 METER READING Meter Reading 10/30 to 11/30 001.000.25.514.30.42.00 438.98 9.5% Sales Tax 001.000.25.514.30.42.00 41.70 Total: 480.68 205436 11/14/2013 009350 EVERETT DAILY HERALD LG523328 RFP WATER SPRAY RFP WATER SPRAY Page: 5 Packet Page 29 of 340 vchlist Voucher List Page: 6 11/14/2013 10:00:50AM City of Edmonds Bank code : usbank Voucher Date Vendor Invoice PO # Description/Account Amount 205436 11/14/2013 009350 EVERETT DAILY HERALD (Continued) 125.000.64.576.80.44.00 32.68 Total: 32.68 205437 11/14/2013 009350 EVERETT DAILY HERALD LG521508 NEWSPAPER AD Public Hearing -Historic Register 001.000.25.514.30.44.00 44.72 LG521525 NEWSPAPER AD Public Hearing-2014 Budget 001.000.25.514.30.44.00 36.12 LG521526 NEWSPAPER AD Public Hearing-2014 Revenue Source 001.000.25.514.30.44.00 36.12 LG521531 NEWSPAPER AD Public Hearing-CFP 001.000.25.514.30.44.00 55.04 Total: 172.00 205438 11/14/2013 009815 FERGUSON ENTERPRISES INC 0397429 Water Hydrant Supplies Water Hydrant Supplies 421.000.74.534.80.31.00 2,534.71 Water - Seaview Res Repair Parts 421.000.74.534.80.31.00 336.59 Sales Tax 421.000.74.534.80.31.00 221.10 0397429-1 Water Supplies - #0340 20Feet- Water Supplies - #0340 20Feet- 421.000.74.534.80.31.00 1,200.20 9.5% Sales Tax 421.000.74.534.80.31.00 114.02 0398596 Water Meter Inventory - #2031- Water Meter Inventory - #2031-- 421.000.74.534.80.34.30 783.60 9.5% Sales Tax 421.000.74.534.80.34.30 74.44 0398600 Water Meter Inventory #2024-A- Page: 6 Packet Page 30 of 340 vchlist Voucher List Page: 7 11/14/2013 10:00:50AM City of Edmonds Bank code : usbank Voucher Date Vendor Invoice PO # Description/Account Amount 205438 11/14/2013 009815 FERGUSON ENTERPRISES INC (Continued) Water Meter Inventory #2024-A- 421.000.74.534.80.34.30 552.00 #2025 M-METER-01-010 421.000.74.534.80.34.30 809.40 #2024 M-METER-0.625-010 421.000.74.534.80.34.30 3,537.00 9.5% Sales Tax 421.000.74.534.80.34.30 465.35 Total: 10,628.41 205439 11/14/2013 070855 FLEX PLAN SERVICES INC 226737 October Sec 125 Processing fees October Sec 125 Processing fees 001.000.22.518.10.41.00 76.10 Total: 76.10 205440 11/14/2013 062297 FOSS MARITIME COMPANY 2014tidebook TIDE BOOKS tide books 423.000.76.535.80.31.11 10.00 Total: 10.00 205441 11/14/2013 011900 FRONTIER 425-744-1681 SEAVIEW PARK IRRIGATION MODE SEAVIEW PARK IRRIGATION MODE 001.000.64.576.80.42.00 45.07 425-744-1691 SIERRA PARK IRRIGATION MODEM SIERRA PARK IRRIGATION MODEM 001.000.64.576.80.42.00 44.41 425-775-1344 BEACH RANGER PHONE @ FISHIN BEACH RANGER PHONE @ FISHIN 001.000.64.574.35.42.00 57.77 425-776-5316 GROUNDS MAINTENANCE FAX MO GROUNDS MAINTENANCE FAX MO 001.000.64.576.80.42.00 40.08 Total: 187.33 205442 11/14/2013 074572 GA PUBLICATIONS NW LLC 1380 PROMOTIONALAD IN 2014 EDMON Page: 7 Packet Page 31 of 340 vchlist Voucher List Page: 8 11/14/2013 10:00:50AM City of Edmonds Bank code : usbank Voucher Date Vendor Invoice PO # Description/Account Amount 205442 11/14/2013 074572 GA PUBLICATIONS NW LLC (Continued) Promotional ad in 2014 Edmonds ma 001.000.61.558.70.44.00 495.00 Total: 495.00 205443 11/14/2013 072515 GOOGLE INC 7968003 C/A#396392 MESSAGE DISCOVER Internet Anti -Virus & Spam Maint Fee 001.000.31.518.88.48.00 377.00 Total: 377.00 205444 11/14/2013 074649 GRAY, RANDY GRAY 11062013 REFUND RETURNING CREDIT ON / REFUND RETURNING CREDIT ON) 001.000.239.200 13.25 Total: 13.25 205445 11/14/2013 065764 HASNER, THOMAS W 96 LEOFF Reimbursement LEOFF Reimbursement 009.000.39.517.37.23.00 69.00 Total: 69.00 205446 11/14/2013 010900 HD FOWLER CO INC 13388239 Water Inventory (added) #0152 — Water Inventory (added) #0152 — 421.000.74.534.80.34.20 137.85 Water Supplies- Spool Flange, Bolts 421.000.74.534.80.31.00 198.95 9.5% Sales Tax 421.000.74.534.80.34.20 13.10 9.5% Sales Tax 421.000.74.534.80.31.00 18.89 13501688 Water Inventory - #0061 W-CLMPCI- Water Inventory - #0061 W-CLMPCI- 421.000.74.534.80.34.20 584.13 Water Parts - Straps, Quick Joints 421.000.74.534.80.31.00 5,700.09 9.5% Sales Tax 421.000.74.534.80.34.20 55.49 Page: 8 Packet Page 32 of 340 vchlist Voucher List Page: 9 11/14/2013 10:00:50AM City of Edmonds Bank code : usbank Voucher Date Vendor Invoice PO # Description/Account Amount 205446 11/14/2013 010900 HD FOWLER CO INC (Continued) 9.5% Sales Tax 421.000.74.534.80.31.00 541.51 Total: 7,250.01 205447 11/14/2013 013140 HENDERSON, BRIAN 94 LEOFF Reimbursement LEOFF Reimbursement 009.000.39.517.37.23.00 97.67 Total: 97.67 205448 11/14/2013 067862 HOME DEPOT CREDIT SERVICES 2063282 MAINT SMALL PARTS Maint small parts 423.000.76.535.80.31.21 51.37 9.5% Sales Tax 423.000.76.535.80.31.21 4.88 5042243 MAINT SUPPLIES Maint supplies 423.000.76.535.80.31.21 40.11 9.5% Sales Tax 423.000.76.535.80.31.21 3.81 63508 SOIL SWEET soil sweet for screenings 423.000.76.535.80.31.11 278.18 9.5% Sales Tax 423.000.76.535.80.31.11 26.43 9261418 ELECTRICAL SUPPLIES electrical supplies 423.000.76.535.80.31.22 19.99 9.5% Sales Tax 423.000.76.535.80.31.22 1.90 Total: 426.67 205449 11/14/2013 074650 HULL, KRISTIN HULL 11052013 REFUND UNUSED MONITOR FEE REFUND UNUSED MONITOR FEE 001.000.239.200 22.50 Page: 9 Packet Page 33 of 340 vchlist Voucher List Page: 10 11/14/2013 10:00:50AM City of Edmonds Bank code : usbank Voucher Date Vendor Invoice PO # Description/Account Amount 205449 11/14/2013 074650 074650 HULL, KRISTIN (Continued) Total: 22.50 205450 11/14/2013 060165 HWA GEOSCIENCES INC 24659 E2CC.SERVICES THRU 10/27/13 E2CC.Services thru 10/27/13 112.200.68.595.33.41.00 6,343.73 Total: 6,343.73 205451 11/14/2013 073548 INDOFF INCORPORATED 2361605 OFFICE SUPPLIES Office Supplies 423.000.76.535.80.31.41 45.87 9.5% Sales Tax 423.000.76.535.80.31.41 4.35 Total: 50.22 205452 11/14/2013 073518 INNOVYZE 19650AM INFO WATER - ONE YEAR GOLD Al` Info Water - One Year Gold Annual 421.000.74.594.34.41.10 1,000.00 9.5% Sales Tax 421.000.74.594.34.41.10 95.00 Total: 1,095.00 205453 11/14/2013 069179 INTERWEST CONSTRUCTION INC E2CC.Pmt 2 E2CC.PMT 2 THRU 10/25/13 E2CC.Pmt 2 112.200.68.595.33.65.00 367,748.66 Total: 367,748.66 205454 11/14/2013 017050 KWICK'N KLEEN CAR WASH 11042013-01 INV#11042013-01 - EDMONDS PD 14 CAR WASHES $5.03 (INC TAX) 001.000.41.521.22.48.00 70.42 Total: 70.42 205455 11/14/2013 072059 LEE, NICOLE 1056 INTERPRETER FEES INTERPRETER FEES 001.000.23.523.30.41.01 144.71 789 INTERPRETER FEES INTERPRETER FEES 001.000.23.523.30.41.01 144.71 Page: 10 Packet Page 34 of 340 vchlist Voucher List Page: 11 11/14/2013 10:00:50AM City of Edmonds Bank code : usbank Voucher Date Vendor Invoice PO # Description/Account Amount 205455 11/14/2013 072059 072059 LEE, NICOLE (Continued) Total: 289.42 205456 11/14/2013 073603 LIGHTHOUSE LAW GROUP PLLC NOV-2013 11-13 LEGALS FEES 11-13 Legal fees 001.000.36.515.31.41.00 32,000.00 Total: 32,000.00 205457 11/14/2013 061900 MARC 0509615-in CLEANING SUPPLIES Cleaning supplies 423.000.76.535.80.31.00 386.50 9.5% Sales Tax 423.000.76.535.80.31.00 36.72 Total: 423.22 205458 11/14/2013 069362 MARSHALL, CITA 915 INTERPRE FEE INTERPRE FEE 001.000.23.512.50.41.01 88.32 943 INTERPRETER FEES INTERPRETER FEES 001.000.23.512.50.41.01 88.32 Total: 176.64 205459 11/14/2013 020900 MILLERS EQUIP & RENTALL INC 179159 EQUIPMENT REPAIR EQUIPMENT REPAIR 001.000.64.576.80.31.00 6.70 9.5% Sales Tax 001.000.64.576.80.31.00 0.64 Total: 7.34 205460 11/14/2013 020900 MILLERS EQUIP & RENTALL INC 177589 PROPANE Propane 423.000.76.535.80.31.11 25.83 9.5% Sales Tax 423.000.76.535.80.31.11 2.45 Total : 28.28 205461 11/14/2013 073918 MINTON, SHARON MINTON 17556 PRENATAL YOGA 17556 Page: 11 Packet Page 35 of 340 vchlist Voucher List Page: 12 11/14/2013 10:00:50AM City of Edmonds Bank code : usbank Voucher Date Vendor Invoice PO # Description/Account Amount 205461 11/14/2013 073918 MINTON, SHARON (Continued) PRENATAL YOGA 17556 001.000.64.575.54.41.00 146.40 PRENATAL YOGA 17555 001.000.64.575.54.41.00 75.26 Total: 221.66 205462 11/14/2013 069923 MOTION INDUSTRIES INC WA33-598675 PARTS FOR PUMP REPAIR Bushings for pump repair 423.000.76.535.80.48.00 18.16 9.5% Sales Tax 423.000.76.535.80.48.00 1.73 Total: 19.89 205463 11/14/2013 061013 NORTHWEST CASCADE INC 1-790207 MATHAY /BALLINGER PARK MATHAY /BALLINGER PARK 001.000.64.576.80.45.00 184.77 1-796663 CIVIC FIELD CIVIC FIELD 001.000.64.576.80.45.00 112.35 Total: 297.12 205464 11/14/2013 063511 OFFICE MAX INC 043767 CALENDAR CALENDAR 001.000.64.574.35.31.00 5.50 9.5% Sales Tax 001.000.64.574.35.31.00 0.53 166580 POST ITS AND TAPE POST ITS AND TAPE 001.000.64.571.21.31.00 27.57 9.5% Sales Tax 001.000.64.571.21.31.00 2.62 219584 CALENDAR FRONT OFFICE CALENDAR FRONT OFFICE 001.000.64.571.21.31.00 8.60 9.5% Sales Tax Page: 12 Packet Page 36 of 340 vchlist Voucher List Page: 13 11/14/2013 10:00:50AM City of Edmonds Bank code : usbank Voucher Date Vendor Invoice PO # Description/Account Amount 205464 11/14/2013 063511 OFFICE MAX INC (Continued) 001.000.64.571.21.31.00 0.82 Total: 45.64 205465 11/14/2013 063511 OFFICE MAX INC 081080 SUPPLIES SUPPLIES 001.000.23.523.30.31.00 189.02 Total: 189.02 205466 11/14/2013 073751 OKANOGAN COUNTRY SHERIFF OCT 2013 OKC JAIL OCT 2013 OKANOGAN CO JAIL - EC 62 DAYS OF INMATE HOUSING 10/1 001.000.41.523.60.41.00 3,317.00 INMATE MEDICATION 10/13 001.000.41.523.60.31.00 16.85 Total: 3,333.85 205467 11/14/2013 027060 PACIFIC TOPSOILS 161677 PARKS BUNKER DUMP FEES PARKS BUNKER DUMP FEES 001.000.64.576.80.47.00 420.00 Total: 420.00 205468 11/14/2013 071911 PROTZ, MARGARET PROTZ 17681 FELDENKRAIS 17681 FELDENKRAIS 17681 001.000.64.575.54.41.00 135.00 Total: 135.00 205469 11/14/2013 070809 PUGET SOUND EXECUTIVE 13-937 COURT SECURITY OFFICER COURT SECURITY OFFICER 001.000.23.512.50.41.00 3,172.50 Total: 3,172.50 205470 11/14/2013 071467 S MORRIS COMPANY OCT 2013 INVOICE 10/31/13 ACCT#70014 - EC #134955 9 NPC 10/14/13 001.000.41.521.70.41.00 101.88 #134992 4 NPC 10/28/13 001.000.41.521.70.41.00 45.28 Page: 13 Packet Page 37 of 340 vchlist Voucher List Page: 14 11/14/2013 10:00:50AM City of Edmonds Bank code : usbank Voucher Date Vendor Invoice PO # Description/Account Amount 205470 11/14/2013 071467 071467 S MORRIS COMPANY (Continued) Total: 147.16 205471 11/14/2013 073486 SEATTLE KING CO CONVENTION & 77581 SEATTLE VISITOR'S & CONVENTIO Membership dues for Seattle Visitor's 001.000.61.558.70.49.00 390.00 Total: 390.00 205472 11/14/2013 036955 SKY NURSERY 205887 DOWNTOWN FLOWER PROGRAM DOWNTOWN FLOWER PROGRAM 001.000.64.576.80.31.00 370.00 9.5% Sales Tax 001.000.64.576.80.31.00 35.15 Total: 405.15 205473 11/14/2013 074651 SNO CO CLERKS OFFICE E1AA.Lakeshore P&U E1AA.LAKESHORE P&U CASE #13-. E1AA.Lakeshore P&U.Case #13-2-07 112.200.68.595.33.41.00 56,300.00 Total: 56,300.00 205474 11/14/2013 037375 SNO CO PUD NO 1 2006-5085-1 CITY PARK RESTROOMS CITY PARK RESTROOMS 001.000.64.576.80.47.00 35.92 2006-5164-4 PARK & MAINTENANCE SHOP PARK & MAINTENANCE SHOP 001.000.64.576.80.47.00 407.77 2008-6924-6 PLAYFIELD BLEACHERS PLAYFIELD BLEACHERS 001.000.64.576.80.47.00 69.40 2011-8453-8 23700 104TH AVE W 23700 104TH AVE W 001.000.64.576.80.47.00 193.55 2013-8327-0 PARK GAZEBO PARK GAZEBO 001.000.64.576.80.47.00 30.74 2014-5305-7 PLAYFIELD LIGHTS PLAYFIELD LIGHTS Page: 14 Packet Page 38 of 340 vchlist Voucher List Page: 15 11/14/2013 10:00:50AM City of Edmonds Bank code : usbank Voucher Date Vendor Invoice PO # Description/Account Amount 205474 11/14/2013 037375 SNO CO PUD NO 1 (Continued) 001.000.64.576.80.47.00 809.61 2021-1448-4 CITY PARK SOUTH RESTROOMS & CITY PARK SOUTH RESTROOMS & 001.000.64.576.80.47.00 78.47 Total: 1,625.46 205475 11/14/2013 037375 SNO CO PUD NO 1 2025-7952-0 WWTP ENERGY MANAGEMENT SE WWTP ENERGY MANAGEMENT SE 423.000.76.535.80.47.61 8.77 Total: 8.77 205476 11/14/2013 006630 SNOHOMISH COUNTY 63259 OCTOBER SOLID WASTE FEES OCTOBER SOLID WASTE FEES 001.000.64.576.80.47.00 388.00 Total: 388.00 205477 11/14/2013 067809 SNOHOMISH COUNTY FINANCE 1000338398 2ND HALF 2013 P&I 800 MHZ BILL11` 2nd Half 2013 800 MHZ Billing - 001.000.39.591.21.71.00 84,463.93 2nd Half 2013 800 MHZ Billing - 001.000.39.592.21.83.00 15,989.02 1000338399 2ND HALF 2013 SNOCOM P&I BILLI 2nd Half 2013 SnoCom billing - 001.000.39.591.21.71.00 23,115.64 2nd Half 2013 SnoCom billing - 001.000.39.592.21.83.00 4,375.79 Total: 127,944.38 205478 11/14/2013 071585 STERICYCLE INC 3002436111 INV#3002436111 CUST#6076358 - E 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 205479 11/14/2013 040430 STONEWAY ELECTRIC SUPPLY S100681113.001 E2CC.ELECTRICAL MATERIALS Page: 15 Packet Page 39 of 340 vchlist Voucher List Page: 16 11/14/2013 10:00:50AM City of Edmonds Bank code : usbank Voucher Date Vendor Invoice PO # Description/Account Amount 205479 11/14/2013 040430 STONEWAY ELECTRIC SUPPLY (Continued) E2CC.Electrical Materials- 112.200.68.595.33.41.00 85.27 9.5% Sales Tax 112.200.68.595.33.41.00 8.10 S100690382.001 E2CC.ELECTRICAL SUPPLIES E2CC.Electrical Supplies- 112.200.68.595.33.41.00 83.88 9.5% Sales Tax 112.200.68.595.33.41.00 7.97 S100690382.002 E2CC.ELECTRICAL SUPPLIES E2CC.Electrical Supplies- 112.200.68.595.33.41.00 42.51 9.5% Sales Tax 112.200.68.595.33.41.00 4.04 S100692621.001 E2CC.ELECTRICAL MATERIALS E2CC.Electrical Materials- 112.200.68.595.33.41.00 52.33 9.5% Sales Tax 112.200.68.595.33.41.00 4.97 Total: 289.07 205480 11/14/2013 066056 THE SEATTLE TIMES 442818 ONLINE PROMOTIONALAD Advertising in online "Seattle Times" 001.000.61.558.70.44.00 85.94 Total: 85.94 205481 11/14/2013 043935 UPS 2T4T13443 SHIPPING Shipping documents to Bellevue 001.000.25.514.30.42.00 33.33 Total: 33.33 205482 11/14/2013 062693 US BANK 4675 PARKS AND REC CC PAYMENT WOTS KEYNOTE HOTEL 117.100.64.573.20.41.00 224.98 GYMNASTICS AWARD Page: 16 Packet Page 40 of 340 vchlist Voucher List Page: 17 11/14/2013 10:00:50AM City of Edmonds Bank code : usbank Voucher Date Vendor 205482 11/14/2013 062693 US BANK 205483 11/14/2013 062693 US BANK 205484 11/14/2013 062693 US BANK Invoice PO # Description/Account Amount (Continued) 001.000.64.575.55.31.00 20.25 AMERICAN CEMETERY SUBSCRIP- 130.000.64.536.20.49.00 49.00 EASY LOADING TAPE DISPENSER 001.000.64.575.56.31.00 36.48 USB CABLE CAMERA 117.100.64.573.20.31.00 10.74 AMERICANS FOR THE ARTS MEMB 117.100.64.573.20.49.00 150.00 MATS FOR HEKIKNAN EXHIBIT 117.100.64.573.20.31.00 80.18 GLASS FOR HEKIKNAN EXHIBIT 117.100.64.573.20.31.00 24.09 SANITZER REFILLS 001.000.64.571.22.31.00 41.36 FIRST PLACE AWARD STREET SCF 001.000.64.571.22.31.00 50.00 STREET SCRAMBLE GIFT CARDS 001.000.64.571.22.31.00 200.00 NATURE WATCH SUPPLIES 001.000.64.574.35.31.00 89.59 MATS FOR HEKINAN EXHIBIT 117.100.64.573.20.31.00 18.22 SHAWGUIDES RENEWAL WOTS 117.100.64.573.20.49.00 500.00 CONSTANT CONTACT RENEWAL W 117.100.64.573.20.49.00 670.20 Tota I : 2,165.09 5923 PARKING FEE Parking while attending Sno Co Touri: 001.000.61.558.70.43.00 3.00 Total : 3.00 2519 INV#2519 11/6/13 - TRAINING - EDIV Page: 17 Packet Page 41 of 340 vchlist Voucher List Page: 18 11/14/2013 10:00:50AM City of Edmonds Bank code : usbank Voucher Date Vendor 205484 11/14/2013 062693 US BANK Invoice PO # Description/Account Amount (Continued) MEAL/EVIDENCE TR-MANDEVILLE 001.000.41.521.40.43.00 34.24 FUEL/EVIDENCE TR-MANDEVILLE 001.000.41.521.40.43.00 47.88 LODGING/EVIDENCE TR-MANDEVII 001.000.41.521.40.43.00 100.77 KENNEL CONSTRUCTION-HOBBS 001.000.41.521.26.31.00 580.88 3181 INV#3181 11/6/13 - EDMONDS PD - MINDFLASH-MO FEE FOR ONLINE 001.000.41.521.40.49.00 199.00 REG/VIDEO EVIDENCE REC-SMITH 001.000.41.521.40.49.00 895.00 OTTERBOX CASE FOR IPHONE 001.000.41.521.21.31.00 41.98 KINGSTON 16GB DATA LOCKER 001.000.41.521.22.35.00 84.43 TLO SEARCHES 10/2013 001.000.41.521.21.41.00 4.75 3314 INV#3314 11/6/13 - EDMONDS PD - TACTICAL TRACKING HARNESS-H( 001.000.41.521.26.35.00 340.00 3520 INV#3520 11/6/13 - EDMONDS PD - FEDEX CHG #13-3458,3271 001.000.41.521.10.42.00 13.67 FEDEX CHG #12-4815 001.000.41.521.10.42.00 13.67 REG/WAPRO CONF-BROMAN 001.000.41.521.40.49.00 175.00 7914 INV#7914 11/6/13 - EDMONDS PD - NIX TEST KITS "U" 001.000.41.521.80.31.00 102.25 NIX TEST KITS "L" 001.000.41.521.80.31.00 160.14 Page: 18 Packet Page 42 of 340 vchlist Voucher List Page: 19 11/14/2013 10:00:50AM City of Edmonds Bank code : usbank Voucher Date Vendor Invoice PO # Description/Account Amount 205484 11/14/2013 062693 062693 US BANK (Continued) Total: 2,793.66 205485 11/14/2013 062693 US BANK 3470 1099 & W2 TAX FORMS Tyler Business Forms - W2 & 1099 to 001.000.31.514.23.31.00 257.82 Bulkregister.com - Domain name 001.000.31.518.88.49.00 41.85 Total: 299.67 205486 11/14/2013 062693 US BANK 4697 HEKINAN VISIT Colored copier paper 001.000.21.513.10.31.00 10.00 24# copier paper 001.000.21.513.10.31.00 13.99 Smooth cover stock 001.000.21.513.10.31.00 12.99 5 piece colored pen set 001.000.21.513.10.31.00 5.99 100 count map pins 001.000.21.513.10.31.00 4.99 Name badge kit -- 100 count 001.000.21.513.10.31.00 19.99 Frame retirement poster 001.000.21.513.10.41.00 45.99 ESCC hosted cider brewing 138.200.21.557.21.49.00 172.72 Flowers for Mayor's reception ESCC 138.200.21.557.21.49.00 23.94 ESCC hosted dinner @ Fahey's for 138.200.21.557.21.49.00 481.80 ESCC hosted space needle tickets fo 138.200.21.557.21.49.00 325.50 ESCC hosted Chihuly garden & glass 138.200.21.557.21.49.00 464.10 ESCC hosted day room for home-sta,. 138.200.21.557.21.49.00 233.92 Page: 19 Packet Page 43 of 340 vchlist Voucher List Page: 20 11/14/2013 10:00:50AM City of Edmonds Bank code : usbank Voucher Date Vendor Invoice PO # Description/Account Amount 205486 11/14/2013 062693 US BANK (Continued) ESCC hosted lunch for delegates dur 138.200.21.557.21.49.00 384.23 Beverages for Mayor reception for 138.200.21.557.21.49.00 32.13 ESCC hosted day room for home-sta,. 138.200.21.557.21.49.00 116.96 ESCC hosted dinner for hotel stay 138.200.21.557.21.49.00 446.37 ESCC hosted cider bottling - bottles 138.200.21.557.21.49.00 77.20 Banquet permit for ESCC Friendship 138.200.21.557.21.49.00 10.00 ESCC hosted dinner at Fahey's - des. 138.200.21.557.21.49.00 72.00 ESCC hosted Seattle Center day parl 138.200.21.557.21.49.00 9.00 ESCC hosted lunch for Hekinan delec 138.200.21.557.21.49.00 418.06 Airport parking for Hekinan delegatior 138.200.21.557.21.49.00 9.00 9.5% Sales Tax 001.000.21.513.10.31.00 6.46 9.5% Sales Tax 001.000.21.513.10.41.00 4.37 9.5% Sales Tax 138.200.21.557.21.49.00 2.27 Total: 3,403.97 205487 11/14/2013 062693 US BANK 5593 CITY CLERK PURCHASE CARD Misc recorded documents 001.000.25.514.30.49.00 448.88 Recording of Utility Liens 421.000.74.534.80.49.00 775.50 Recording of Utility Liens Page: 20 Packet Page 44 of 340 vchlist Voucher List Page: 21 11/14/2013 10:00:50AM City of Edmonds Bank code : usbank Voucher Date Vendor Invoice PO # Description/Account Amount 205487 11/14/2013 062693 US BANK (Continued) 423.000.75.535.80.49.00 775.50 Total: 1,999.88 205488 11/14/2013 069836 VOLT SERVICE GROUP 30015523 ADMINISTRATIVE SUPPORT For service through 10.27.13 423.000.76.535.80.41.00 525.00 Total: 525.00 205489 11/14/2013 065035 WASHINGTON STATE PATROL 114003274 INV#114003274 EDM301 - EDMOND BACKGROUND CHECKS OCT 2013 001.000.237.100 247.50 Total: 247.50 205490 11/14/2013 026510 WCIA 101050 SR CTR FLOOD INS POLICY #3000( Senior Center Flood Insurance Policy 001.000.39.518.90.46.00 1,721.00 Total: 1,721.00 205491 11/14/2013 073552 WELCO SALES LLC 6078 OFFICE SUPPLIES Envelopes 001.000.25.514.30.31.00 622.00 9.5% Sales Tax 001.000.25.514.30.31.00 59.09 Total: 681.09 205492 11/14/2013 049902 WHITMAN, TIMOTHY 95 LEOFF Reimbursement LEOFF Reimbursement 009.000.39.517.37.23.00 99.00 Total: 99.00 83 Vouchers for bank code : usbank Bank total : 879,691.64 83 Vouchers in this report Total vouchers : 879,691.64 Page: 21 Packet Page 45 of 340 vchlist Voucher List Page: 22 11/14/2013 10:00:50AM City of Edmonds Bank code : usbank Voucher Date Vendor Invoice PO # Description/Account Amount Page: 22 Packet Page 46 of 340 PROJECT NUMBERS (By Project Title) Project Engineering Accounting Project Funding Proiect Title Number Number STR 100th Ave W/Firdale Ave/238th St. SW/Traffic Signal Upgrade c329 EOAA STR 15th St. SW Walkway (Edmonds Way to 8th Ave) c424 E3DC STM 190th PI SW Wall Construction c428 E3FF STR 2009 Street Overlay Program c294 E9CA WTR 2010 Waterline Replacement Program c363 EOJA STR 2011 Residential Neighborhood Traffic Calming c343 E1AB WTR 2011 Waterline Replacement Program c333 E1JA STM 2012 Citywide Storm Drainage Improvements c382 E2FE SWR 2012 Sanitary Sewer Comp Plan Update c369 E2GA SWR 2012 Sewermain-Alder/Dellwood/Beach PI/224th St. Sewer Replacement c347 E1GA WTR 2012 Waterline Overlay Program c388 E2CA WTR 2012 Waterline Replacement Program c340 E1JE STM 2013 Citywide Drainage Replacement c406 E3FA STM 2013 Lake Ballinger Basin Study & Associated Projects c407 E3FB SWR 2013 Sewerline Replacement Project c398 E3GA WTR 2013 Waterline Replacement Program c397 E3JA WTR 2014 Waterline Replacement Program c422 E4JA STR 220 7th Ave N Sidewalk c421 E3DA WTR 224th Waterline Relocation (2013) c418 E3J13 STR 226th Street Walkway Project c312 E9DA STR 228th St. SW Corridor Improvements i005 E7AC STR 236th St. SW Walkway (Edmonds Way to Madrona School) c425 E3DD STR 238th St. SW Walkway (100th Ave to 104th Ave) c423 E3DB STR 5th Ave Overlay Project c399 E2CC STR 76th Ave W at 212th St SW Intersection Improvements c368 E1CA WTR 76th Ave W Waterline Extension with Lynnwood c344 E1JB STR 76th Avenue West/75th Place West Walkway Project c245 E6DA STR 9th Avenue Improvement Project c392 E2AB STR ADA Curb Ramp Upgrades along 3rd Ave S c426 E3DE SWR Alder Sanitary Sewer Pipe Rehabilitation (2013 Sewer Pipe Rehab CIPP) c390 E2GB WTR AWD Intertie and Reservoir Improvements c324 EOIA STR Caspers/Ninth Avenue/Puget Drive (SR524) Walkway Project c256 E6DB STR Citywide Safety Improvements c404 E2AC SWR City -Wide Sewer Improvements c301 EBGD Revised 11/14/2013 Packet Page 47 of 340 PROJECT NUMBERS (By Project Title) Project Engineering Accounting Project Funding Proiect Title Number Number STM Dayton Street & SR104 Storm Drainage Alternatives c374 E1 FM PM Dayton Street Plaza c276 E7MA STM Dayton Street Storm Improvements (6th Ave - 8th Ave) c409 E3FD WTR Edmonds General Facilities Charge Study c345 E1JC STM Edmonds Marsh Feasibility Study c380 E2FC FAC Edmonds Museum Exterior Repairs Project c327 EOLA STR Five Corners Roundabout (212th Street SW @ 84th Avenue W) c342 E1AA PM Fourth Avenue Cultural Corridor c282 EBMA FAC Frances Anderson Center Accesibilty Upgrades c393 EKA STR Hwy 99 Enhancements (Phase III) c405 E2AD PM Interurban Trail c146 E2DB STM Lake Ballinger Associated Projects 2012 c381 E2FD SWR Lift Station 2 Improvements (Separated from L/s 13 - 09/01/08) c298 EBGA STR Main Street Lighting and Sidewalk Enhancements c265 E7AA WTR Main Street Watermain c375 E1JK PM Marina Beach Additional Parking c290 EBMB STM North Talbot Road Drainage Improvements c378 E2FA STM Northstream Pipe Abandonement on Puget Drive c410 EYE STM NPDES m013 E7FG SWR OVD Sewer Lateral Improvements c142 E3GB WTR OVD Watermain Improvements (2003) c141 E3JB STM Perrinville Creek Culvert Replacement c376 E1 FN STM Perrinville Creek Stormwater Flow Reduction Retrofit Study c408 E3FC WTR Pioneer Way Road Repair c389 E2CB WTR PRV Station 11 and 12 Abandonment c346 E1JD STM Public Facilities Water Quality Upgrades c339 E1 FD STR School Zone Flashing Beacon/Lighting Grant c420 E3AA PM Senior Center Parking Lot & Landscaping Improvements c321 E9MA FAC Senior Center Roof Repairs c332 EOLB SWR Sewer Lift Station Rehabilitation Design c304 E9GA WTR Sewer, Water, Stormwater Revenue Requirements Update c370 E1GB STR Shell Valley Emergency Access Road c268 E7CB STR SR104 Corridor Transoportation Study c427 E3AB General SR104 Telecommunications Conduit Crossing c372 ElEA Revised 11/14/2013 Packet Page 48 of 340 PROJECT NUMBERS (By Project Title) Project Engineering Accounting Project Funding Proiect Title Number Number General SR99 Enhancement Program c238 E6MA STM Storm Contribution to Transportation Projects c341 E1 FF STM Stormwater Development Review Support (NPDES Capacity) c349 E1 FH STM Stormwater GIS Support c326 EOFC STR Sunset Walkway Improvements c354 E1 DA STM SW Edmonds Basin #3-238th St. SW to Hickman Park Infiltration System c379 E2FB STM SW Edmonds-105th/106th Ave W Storm Improvements c336 E1 FA STM Talbot Rd. Storm Drain Project/Perrinville Creek Mitigation c307 E9FB STR Transportation Plan Update c391 E2AA Revised 11/14/2013 Packet Page 49 of 340 PROJECT NUMBERS (By New Project Accounting Number) Proiect Engineering Accounting Proiect Funding Number Number Proiect Title WTR c141 E3JB OVD Watermain Improvements (2003) SWR c142 E3GB OVD Sewer Lateral Improvements PM c146 E2DB Interurban Trail General c238 E6MA SR99 Enhancement Program STR c245 E6DA 76th Avenue West/75th Place West Walkway Project STR c256 E6DB Caspers/Ninth Avenue/Puget Drive (SR524) Walkway Project STR c265 E7AA Main Street Lighting and Sidewalk Enhancements STR c268 E7CB Shell Valley Emergency Access Road PM c276 E7MA Dayton Street Plaza PM c282 EBMA Fourth Avenue Cultural Corridor PM c290 EBMB Marina Beach Additional Parking STR c294 E9CA 2009 Street Overlay Program SWR c298 EBGA Lift Station 2 Improvements (Separated from L/s 13 - 09/01/08) SWR c301 EBGD City -Wide Sewer Improvements SWR c304 E9GA Sewer Lift Station Rehabilitation Design STM c307 E9FB Talbot Rd. Storm Drain Project/Perrinville Creek Mitigation STR c312 E9DA 226th Street Walkway Project PM c321 E9MA Senior Center Parking Lot & Landscaping Improvements WTR c324 EOIA AWD Intertie and Reservoir Improvements STM c326 EOFC Stormwater GIS Support FAC c327 EOLA Edmonds Museum Exterior Repairs Project STR c329 EOAA 100th Ave W/Firdale Ave/238th St. SW/Traffic Signal Upgrade FAC c332 EOLB Senior Center Roof Repairs WTR c333 E1JA 2011 Waterline Replacement Program STM c336 E1 FA SW Edmonds-105th/106th Ave W Storm Improvements STM c339 E1 FD Public Facilities Water Quality Upgrades WTR c340 E1JE 2012 Waterline Replacement Program STM c341 E1 FF Storm Contribution to Transportation Projects STR c342 E1AA Five Corners Roundabout (212th Street SW @ 84th Avenue W) STR c343 E1AB 2011 Residential Neighborhood Traffic Calming WTR c344 E1JB 76th Ave W Waterline Extension with Lynnwood WTR c345 E1JC Edmonds General Facilities Charge Study WTR c346 E1JD PRV Station 11 and 12 Abandonment SWR c347 E1GA 2012 Sewermain-Alder/Dellwood/Beach PI/224th St. Sewer Replacement Revised 11/14/2013 Packet Page 50 of 340 PROJECT NUMBERS (By New Project Accounting Number) Proiect Engineering Accounting Proiect Funding Number Number Proiect Title STM c349 E1 FH Stormwater Development Review Support (NPDES Capacity) STR c354 E1DA Sunset Walkway Improvements WTR c363 EOJA 2010 Waterline Replacement Program STR c368 E1CA 76th Ave W at 212th St SW Intersection Improvements SWR c369 E2GA 2012 Sanitary Sewer Comp Plan Update WTR c370 E1 GB Sewer, Water, Stormwater Revenue Requirements Update General c372 E1EA SR104 Telecommunications Conduit Crossing STM c374 E1 FM Dayton Street & SR104 Storm Drainage Alternatives WTR c375 E1JK Main Street Watermain STM c376 E1 FN Perrinville Creek Culvert Replacement STM c378 E2FA North Talbot Road Drainage Improvements STM c379 E2FB SW Edmonds Basin #3-238th St. SW to Hickman Park Infiltration System STM c380 E2FC Edmonds Marsh Feasibility Study STM c381 E2FD Lake Ballinger Associated Projects 2012 STM c382 E2FE 2012 Citywide Storm Drainage Improvements WTR c388 E2CA 2012 Waterline Overlay Program WTR c389 E2CB Pioneer Way Road Repair SWR c390 E2GB Alder Sanitary Sewer Pipe Rehabilitation (2013 Sewer Pipe Rehab CIPP) STR c391 E2AA Transportation Plan Update STR c392 E2AB 9th Avenue Improvement Project FAC c393 EKA Frances Anderson Center Accesibilty Upgrades WTR c397 E3JA 2013 Waterline Replacement Program SWR c398 E3GA 2013 Sewerline Replacement Project STR c399 E2CC 5th Ave Overlay Project STR c404 E2AC Citywide Safety Improvements STR c405 E2AD Hwy 99 Enhancements (Phase III) STM c406 E3FA 2013 Citywide Drainage Replacement STM c407 E3FB 2013 Lake Ballinger Basin Study & Associated Projects STM c408 E3FC Perrinville Creek Stormwater Flow Reduction Retrofit Study STM c409 E3FD Dayton Street Storm Improvements (6th Ave - 8th Ave) STM c410 E3FE Northstream Pipe Abandonement on Puget Drive WTR c418 E3JB 224th Waterline Relocation (2013) STR c420 E3AA School Zone Flashing Beacon/Lighting Grant STR c421 E3DA 220 7th Ave N Sidewalk Revised 11/14/2013 Packet Page 51 of 340 PROJECT NUMBERS (By New Project Accounting Number) Proiect Engineering Accounting Proiect Funding Number Number Proiect Title WTR c422 E4JA 2014 Waterline Replacement Program STR c423 E3DB 238th St. SW Walkway (100th Ave to 104th Ave) STR c424 E3DC 15th St. SW Walkway (Edmonds Way to 8th Ave) STR c425 E3DD 236th St. SW Walkway (Edmonds Way to Madrona School) STR c426 E3DE ADA Curb Ramp Upgrades along 3rd Ave S STR c427 E3AB SR104 Corridor Transoportation Study STM c428 E3FF 190th PI SW Wall Construction STR i005 E7AC 228th St. SW Corridor Improvements STM m013 E7FG NPDES Revised 11/14/2013 Packet Page 52 of 340 PROJECT NUMBERS (By Engineering Number) Engineering Project Funding Number STR EOAA Protect Accounting Number Project Title c329 100th Ave W/Firdale Ave/238th St. SW/Traffic Signal Upgrade STM EOFC c326 Stormwater GIS AWD Intertie and Reservoir Improvements WTR EOJA c363 2010 Waterline Replacement Program Edmonds Museum Exterior Repairs Project FAC EOLB c332 Senior Center Roof Repairs e Corners Roundabout (212th Street SW @ 84th Avenue W) STR E1AB c343 2011 Residential Neighborhood Traffic Calming c368 76th Ave W at 212th St SW Intersection Improvements STR E1DA c354 Sunset Walkway Improvements General EW"SR104 Telecommunications Condgg Crossinn STM E1 FA c336 SW Edmonds-105th/106th Ave W Storm Improvements STM Public ,ilities Water Quality Upgrades STM E1 FF c341 Storm Contribution to Transportation Projects STM E1 FH _JL c349 Stormwater Development Review Support (NPDES Capacity) STM E1 FM c374 Dayton Street & SR104 Storm Drainage Alternatives E001 OR Perrinville Creek Culvert Replaceme SWR E1GA c347 2012 Sewermain-Alder/Dellwood/Beach PI/224th St. Sewer Replacement ff—c370 WTR E1GB Sewer, Water, Stormwater Revenue Requirements Update WTR E1JA c333 2011 Waterline Replacement Program WTR —A `;aa W Waterline Extension with Lvnnwood WTR E1JC c345 Edmonds General Facilities Charge Study c346 WTR E1JE c340 WTR c375 STR E2AA c391 PRV Station 11 and 12 Abandonment 2012 Waterline Replacement Program Main Street Watermain . Transportation Plan Uodate Hv�mprove� t STR E2AC c404 Citywide Safety Improvements Hwy 99 Enhancements (Phase III) WTR E2CA c388 2012 Waterline Overlav Proaram STR E2CC c399 5th Ave Overlay Project �M V Interurban EENEr STM E2FA c378 North Talbot Road Drainage Improvements Revised 11/14/2013 Packet Page 53 of 340 PROJECT NUMBERS (By Engineering Number) Engineering Protect Protect Accounting Funding Number Number Protect Title STM Am c379 SW�s Basin #3-238th 4MW to Hickman Park Infiltration System STM E2FC c380 Edmonds Marsh Feasibility Study STM Wallingelffssociated Projects 2012 Ebb STM E2FE c382 2012 Citywide Storm Drainage Improvements SW R c369 2012 Sanitary Sewer Comp Plan Update SW R E2GB c390 Alder Sanitary Sewer Pipe Rehabilitation (2013 Sewer Pipe Rehab CIPP) S School Zone Flashing Beacon/Lighting Gra STR E3AB c427 SR104 Corridor Transoportation Study 220 7th Ave N Sidewalk STR E3DB c423 238th St. SW Walkway (100th Ave to 104th Ave) 15th St. SW Walkwa ve) STR E3DD c425 236th St. SW Walkway (Edmonds Way to Madrona School) ADA Curb Ramp Upgrades along 3rd Ave S STM E3FA c406 2013 Citywide Drainage Replacement OF c407 2013 Lake Ballinger Basin Study & Associated Projec STM E3FC c408 Perrinville Creek Stormwater Flow Reduction Retrofit Study 09 Dayton Street Storm Wprovements (6th Ave - 8th Ave STM E3FE c410 Northstream Pipe Abandonement on Puget Drive 190th PI SW Wall Construction SWR E3GA c398 2013 Sewerline Replacement Project OVD Sewer Late WTR E3JA c397 2013 Waterline Replacement Program 4th Waterline Relocation (2013) WTR E3JB c141 OVD Watermain Improvements (2003) FAC IFFIEffFrances Anderson Center Accesibilty Upgrades WTR E4JA c422 2014 Waterline Replacement Program STR E6DA 76th Avenue West/75th Place West Walkwa STR E6DB c256 Caspers/Ninth Avenue/Puget Drive (SR524) Walkway Project General E6MA SR99 Enhancement Program STR E7AA c265 Main Street Lighting and Sidewalk Enhancements STR St. SW Corridmrovements STR E7CB c268 Shell Valley Emergency Access Road STM m013 NPDES PM E7MA c276 Dayton Street Plaza Revised 11/14/2013 Packet Page 54 of 340 PROJECT NUMBERS (By Engineering Number) Engineering Protect Protect Accounting Funding Number Number Protect Title SWR E8GA c298 _ Lift Station 2 Improvements (mated from Us 13 - 09101/08) SWR E8GD c301 City -Wide Sewer Improvements PM + E8MA Mr Fourth Avenue Cultural Corrid PM E8MB c290 Marina Beach Additional Parking E9CAJ1W c294 2009 Street Overlay Program STIR E91DA c312 226th Street Walkway Project Ibot Rd. Stqjffi,@jain Project/Perrinville Creek Mitigation SWR E9GA c304 Sewer Lift Station Rehabilitation Design c321 Senior Center Parking Lot & Landscaping Improvements Revised 11/14/2013 Packet Page 55 of 340 PROJECT NUMBERS (By Project Title) Project Engineering Accounting Project Fundinq Protect Title Number Number FAC Edmonds Museum Exterior Repairs Project c327 EOLA FAC Senior Center Roof Repairs c332 EOLB FAC Frances Anderson Center Accesibilty Upgrades c393 EKA General SR104 Telecommunications Conduit Crossing c372 E1EA General SR99 Enhancement Program c238 E6MA PM Interurban Trail c146 E2DB PM Dayton Street Plaza c276 E7MA PM Fourth Avenue Cultural Corridor c282 EBMA PM Marina Beach Additional Parking c290 EBMB PM Senior Center Parking Lot & Landscaping Improvements c321 E9MA STM Stormwater GIS Support c326 EOFC STM SW Edmonds-1 05th/1 06th Ave W Storm Improvements c336 E1FA STM Public Facilities Water Quality Upgrades c339 E1 FD STM Storm Contribution to Transportation Projects c341 E1FF STM Stormwater Development Review Support (NPDES Capacity) c349 E1 FH STM Dayton Street & SR104 Storm Drainage Alternatives c374 E1 FM STM Perrinville Creek Culvert Replacement c376 E1 FIN STM Edmonds Marsh Feasibility Study c380 E2FC STM 2012 Citywide Storm Drainage Improvements c382 E21FE STM 2013 Citywide Drainage Replacement c406 E3FA STM 2013 Lake Ballinger Basin Study & Associated Projects c407 E3FB STM Perrinville Creek Stormwater Flow Reduction Retrofit Study c408 E3FC STM Dayton Street Storm Improvements (6th Ave - 8th Ave) c409 E3FD STM Northstream Pipe Abandonement on Puget Drive c410 E3FE STM 190th PI SW Wall Construction c428 E3FF STM NPDES m013 E7FG STM Talbot Rd. Storm Drain Project/Perrinville Creek Mitigation c307 E9FB STM North Talbot Road Drainage Improvements c378 E2FA STM SW Edmonds Basin #3-238th St. SW to Hickman Park Infiltration System c379 E2FB STM Lake Ballinger Associated Projects 2012 c381 E2FD STIR 100th Ave W/Firdale Ave/238th St. SW/Traffic Signal Upgrade c329 EOAA STIR Five Corners Roundabout (212th Street SW @ 84th Avenue W) c342 E1AA STIR 2011 Residential Neighborhood Traffic Calming c343 E1AB STIR 76th Ave W at 212th St SW Intersection Improvements c368 E1CA Revised 11/14/2013 Packet Page 56 of 340 PROJECT NUMBERS (By Project Title) Project Engineering Accounting Project Fundinq Protect Title Number Number STR Sunset Walkway Improvements c354 E1 DA STR Transportation Plan Update c391 E2AA STR 9th Avenue Improvement Project c392 E2AB STR Citywide Safety Improvements c404 E2AC STR Hwy 99 Enhancements (Phase III) c405 E2AD STR 5th Ave Overlay Project c399 E2CC STR School Zone Flashing Beacon/Lighting Grant c420 E3AA STR SR104 Corridor Transoportation Study c427 E3AB STR 220 7th Ave N Sidewalk c421 E3DA STR 238th St. SW Walkway (100th Ave to 104th Ave) c423 E3DB STR 15th St. SW Walkway (Edmonds Way to 8th Ave) c424 E3DC STR 236th St. SW Walkway (Edmonds Way to Madrona School) c425 E3DD STR ADA Curb Ramp Upgrades along 3rd Ave S c426 E3DE STR 76th Avenue West/75th Place West Walkway Project c245 E6DA STR Caspers/Ninth Avenue/Puget Drive (SR524) Walkway Project c256 E6DB STR Main Street Lighting and Sidewalk Enhancements c265 E7AA STR 228th St. SW Corridor Improvements i005 E7AC STR Shell Valley Emergency Access Road c268 E7CB STR 2009 Street Overlay Program c294 E9CA STR 226th Street Walkway Project c312 E9DA SWR 2012 Sewermain-Alder/Dellwood/Beach PI/224th St. Sewer Replacement c347 E1GA SWR 2012 Sanitary Sewer Comp Plan Update c369 E2GA SWR Alder Sanitary Sewer Pipe Rehabilitation (2013 Sewer Pipe Rehab CIPP) c390 E2GB SWR 2013 Sewerline Replacement Project c398 E3GA SWR OVD Sewer Lateral Improvements c142 E3GB SWR Lift Station 2 Improvements (Separated from L/s 13 - 09/01/08) c298 EBGA SWR City -Wide Sewer Improvements c301 EBGD SWR Sewer Lift Station Rehabilitation Design c304 E9GA WTR AWD Intertie and Reservoir Improvements c324 EOIA WTR 2010 Waterline Replacement Program c363 EOJA WTR Sewer, Water, Stormwater Revenue Requirements Update c370 E1GB WTR 2011 Waterline Replacement Program c333 E1JA WTR 76th Ave W Waterline Extension with Lynnwood c344 E1JB WTR Edmonds General Facilities Charge Study c345 E1JC Revised 11/14/2013 Packet Page 57 of 340 PROJECT NUMBERS (By Project Title) Project Engineering Accounting Project Fundinq Protect Title Number Number WTR PRV Station 11 and 12 Abandonment c346 E1JD WTR 2012 Waterline Replacement Program c340 E1JE WTR Main Street Watermain c375 E1JK WTR 2012 Waterline Overlay Program c388 E2CA WTR Pioneer Way Road Repair c389 E2CB WTR 2013 Waterline Replacement Program c397 E3JA WTR 224th Waterline Relocation (2013) c418 E3J13 WTR OVD Watermain Improvements (2003) c141 E3J13 WTR 2014 Waterline Replacement Program c422 E4JA Revised 11/14/2013 Packet Page 58 of 340 AM-6309 City Council Meeting Meeting Date: 11/19/2013 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 David Harb ($407.34). Recommendation Acknowledge receipt of the Claim for Damages by minute entry. Previous Council Action N/A Narrative David Harb 101 5th Avenue South #305 Edmonds, WA 98020 ($407.34) Attarhmante Harb Claim for Damages Form Review Inbox Reviewed By Mayor Dave Earling Finalize for Agenda Scott Passey Form Started By: Linda Hynd Final Approval Date: 11/14/2013 Date 11/14/2013 09:07 AM 11/14/2013 09:09 AM Started On: 11/12/2013 12:27 PM 3. C. Packet Page 59 of 340 RECEIVED { CITY OF EDMONDS CLAIM FOR DAMAGES FORM Please take note that h�gle'6 'nse4 -,mailing address _ home phone # YLS =7/,KcLfl7work phone # NOV 8 2013 AM"N CM M VDU Bate Cla m o Received �by�City �'i" who currently resides at CJ! .S A) e S _2bt-Z f0S-- /1 , and who resided at S AUY + f at the time of the occurrence and whose date of birth is , is claiming damages against cl a in the sum of $ Ye7• 3 � _ arising out of the following circumstances listed below. DATE OF OCCURRENCE: r9,. -4— 2_'j 13 TIME: 2� 1) 0 ru 6 i J LOCATION OF OCCURRENCE: 02_,.�) DESCRIPTION: 1. Describe the conduct and circumstance that brought about the injury or damage. Also describe the injury or damage. .17,2 r (attach an extra sheet for additional information, if needed) Provide a list of witnesses, if applicable, to � the occurrence including names, addresses, and phone numbers. C. v 2 to r► _/ A. L 95.E F/ / --e ` 3. Attach copies of all documentation relating to expenses, injuries, losses, and/or estimates for repair. Have you submitted a claim for damages to your insurance company? If so, please provide the name of the insurance company: and the policy #: Yes �tVa * * ADDITIONAL INFORMATION REQUIRED FOR AUTOMOBILE CLAIMS ONLY * * License Plate # A4' A 5-77 7 Driver License # 6 "b ". � I "4-- Type Auto: XX A (year) (make) (model) DRIVER: t7A'J OWNER: r7 . ✓ /.z Address: /a a 1A.-J-e- So e4,y 3C) Address: Phone#: Phone#: sl2s = _ Passengers: Name: Address: Name: Address: Form Revised 07/16/09 Packet Page 60 of 340 Page 1 of 2 * * NOTE: THIS FORM MUST BE SIGNED AND NOTARIZED * * 11 _fbA-Lft A ?/_Xe'R A , 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 sam to be true. X .x., Signature of Claimant(s) State of Washington County of ­_ti, i.c. %;t , n, r. _ I certify that I know or have satisfactory evidence that �N di a1 H40,B 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. 414- N IJ0 Dated: 1-3 , I OTA R �■■s Signature ! - ] s '•_� �- Title My appointment expires: Y-e- / 9 -/ J�■■■�;4►� �g_�� O`�= 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 61 of 340 Page 2 of 2 AM-6315 City Council Meeting Meeting Date: 11/19/2013 Time: Consent Submitted By: Carrie Hite Department: Parks and Recreation Committee: Parks, Planning, Public Works Type: Information Action 3. D. Subiect Title Authorize Mayor to sign Interlocal Agreement with Snohomish County for Conservation Futures Grant Recommendation PPP Committee forward to Council on consent Previous Council Action None Narrative This Interlocal Agreement is for $500,000 for acquisition of a beachfront property. The City is currently working with Forterra to assist in the grant, appraisal, review appraisal, negotiation, and purchase and sale of a key beachfront property. This property would enhance the parks system and create additional access by the general public to the beach. Interlocal Snohomish County Inbox City Clerk Mayor Finalize for Agenda Fonn Started By: Carrie Hite Final Approval Date: 11/14/2013 Attachments Form Review Reviewed By Date Scott Passey 11/13/2013 12:53 PM Dave Earling 11/14/2013 09:07 AM Scott Passey 11/14/2013 09:09 AM Started On: 11/13/2013 12:52 PM Packet Page 62 of 340 INTERLOCAL COOPERATION AGREEMENT BETWEEN SNOHOMISH COUNTY AND THE CITY OF EDMONDS CONCERNING ACQUISITION OF PROPERTY WITH CONSERVATION FUTURES FUNDS THIS INTERLOCAL COOPERATION AGREEMENT BETWEEN SNOHOMISH COUNTY AND THE CITY OF EDMONDS CONCERNING ACQUISITION OF PROPERTY WITH CONSERVATION FUTURES FUNDS (this "Agreement"), is made and entered into this day of , 201_, by and between SNOHOMISH COUNTY, a political subdivision of the State of Washington (the "County"), and the CITY OF EDMONDS, a Washington municipal corporation (the "City") pursuant to Chapter 39.34 RCW. RECITALS A. The County manages a Conservation Futures funding program pursuant to RCW 84.34.200 et seq. and Chapter 4.14 Snohomish County Code. B. Cities and towns located in Snohomish County, nonprofit historic preservation corporations, and nonprofit nature conservancy corporations or associations as such are described in RCW 84.34.210 are eligible to apply to the County for resources to fund acquisition of interests or rights in real property located within Snohomish County that meet the conservation criteria described in RCW 84.34.210 et seq. C. The City applied for resources from the Snohomish County Conservation Futures Property Tax Fund to purchase unimproved real property located in the City at 260 Beach Place and more particularly described in Section 1.1 below (hereinafter referred to as the "Property"). D. The Snohomish County Conservation Futures Program Advisory Board, at their August 20, 21 and 23, 2013 meetings, reviewed all of the project sponsor requests and, after review, recommended funding the request of the City of Edmonds for Five Hundred Thousand and 00/100 Dollars ($500,000.00) from the Snohomish County Conservation Futures Property Tax Fund. E. On September 11, 2013, the Snohomish County Council, by Amended Motion No. 13-353, allocated funding in the amount of Five Hundred Thousand and 00/100 Dollars ($500,000.00) to the City of Edmonds from the Snohomish County Conservation Futures Property Tax Fund for that purpose. NOW, THEREFORE, in consideration of the mutual promises set out below and for other good and valuable consideration, the Parties agree as follows: Interlocal Cooperation Agreement between Snohomish County and the City of Edmonds Concerning Acquisition of Property with Conservation Futures Funds Page 1 of 9 Packet Page 63 of 340 1. Identification of Property. The Property is located in the City of Edmonds, Washington and is generally legally described as follows: SEE ATTACHED EXHIBIT A. 2. Purpose of Property Acquisition. The Property is to be acquired for the purpose of conserving open spaces and areas as authorized by RCW 84.34.200 et seq., and for conservation and for passive, public recreation. 3. Duration. This Agreement shall become effective when executed by both parties and posted on the County's Interlocal Agreements website (the "Effective Date"). If the Property is acquired within the time frame provided in Section 5.1 below, this Agreement shall be in effect perpetually, subject to any amendments agreed to in writing by the parties. If the Property is not acquired within the time frame provided in Section 5.1 below, this Agreement shall be terminated; PROVIDED, HOWEVER, that the County and the City may mutually agree in writing, prior to termination, upon an extension of time. 4. Administrators. Each party to this Agreement shall designate an individual (an "Administrator") who may be designated by title or position, to oversee and administer such party's participation in this Agreement. The parties' initial Administrators shall be the following: County's Initial Administrator: Tom Teigen, Director Snohomish County Parks and Recreation 6705 Puget Park Drive Snohomish, WA 98296 City's Initial Administrator: Carrie Hite, Director Edmonds Parks, Recreation and Cultural Services 700 Main Street Edmonds, WA 98020 Either party may change its Administrator at any time by delivering written notice of such party's new Administrator to the other party. shall: 5. Duties of the City to Acquire, Operate, Maintain and Conserve. The City 5.1 Acquire the Property within eighteen (18) months of the Effective Date of this Agreement and upon closing maintain, operate and conserve the Property for open space and passive park purposes. The City shall undertake all reasonable efforts to acquire the Property but if the owner of is not a willing seller, the City shall not utilize the power of eminent domain to acquire the Property. Interlocal Cooperation Agreement between Snohomish County and the City of Edmonds Concerning Acquisition of Property with Conservation Futures Funds Page 2 of 9 Packet Page 64 of 340 5.2 Immediately following acquisition of the Property, execute and record an instrument conveying a Conservation Easement for the Property to the County in substantially the form of attached hereto as Exhibit B (the "Conservation Easement"). 5.3 Submit an annual report to the County on February 1 of each subsequent year detailing compliance with all on -going requirements of this Agreement. 5.4 Forward a copy of the recorded deed conveying the Property and a copy of the executed Conservation Easement for the Property to the County as soon as the same are returned from the Snohomish County Auditor. 5.5 Provide an identifying sign, the size and design of which shall be approved by the Snohomish County Department of Parks and Recreation, at the entrance to the Property which shall be in plain sight in perpetuity, listing the County as a participant in the acquisition of the Property through the Snohomish County Conservation Futures Program. 5.6 Fund any improvements that are made to the Property from revenue sources other than Conservation Futures Program Funds and limit any such improvements to those that meet the requirements and intent of RCW 84.34.200 et. seq. and the Conservation Easement. 5.7 Submit to the County a long-term maintenance plan for the Property and any improvements within three (3) months of the completed Property acquisition. 5.8 Pay to the County at the end of each calendar year a pro rata share of any income the City has realized from the Property, less the City's costs of operation and maintenance of the Property. The pro rata share will be equal to the percentage of the cost of acquisition funded by the County pursuant to this Agreement. This information shall be submitted as part of the February 1 annual report to the Snohomish County Department of Parks and Recreation. 5.9 Pay to the County, upon sale of any of the City's interest in the Property, or any portion thereof, a pro rata share of any consideration received, less the costs of improvements funded by the City. The pro rata share will be equal to the percentage of the cost of acquisition funded by the County pursuant to this Agreement. 5.10 Pay on a current basis all taxes or assessments levied on Property - related activities and the Property; PROVIDED, HOWEVER, that nothing contained herein will modify the City's right to contest any such tax, and the Interlocal Cooperation Agreement between Snohomish County and the City of Edmonds Concerning Acquisition of Property with Conservation Futures Funds Page 3 of 9 Packet Page 65 of 340 City will not be deemed to be in default as long as it is, in good faith, contesting the validity or amount of any such taxes. 5.11 Obtain and maintain, at its own costs and expense, all necessary permits, licenses and approvals related to the purchase, ownership, and on- going maintenance and management of the Property. 6. Payment from the County. The County shall provide financial assistance to the City in the amount of up to $500,000.00 from the Conservation Futures Fund for the acquisition of the Property. Payment shall be made within ten (10) days of County receipt of a City invoice submitted with documentation of imminent purchase of the Property and transfer of title, provided the City has complied with all of the terms of this Agreement. In no event shall the County be obligated to provide any payment to the City in excess of the actual purchase price of the Property. Any obligations of the County beyond the current fiscal year are subject to appropriation of funds for the specific purpose of funding this Agreement in accordance with its Charter and applicable law. 7. Compliance with Laws. The parties shall comply with all applicable federal, state and local laws, rules and regulations in performing this Agreement, including, but not limited to, laws against discrimination. 8. Records, Inspections and Audits. The City will keep such full and detailed accounts as may be necessary for proper financial management under this Agreement. The County may, at its sole discretion, from time to time whether before or after acquisition of the Property or termination of this Agreement inspect all books and records and other materials related to any matters covered by this Agreement and not otherwise privileged, belonging to the City or any contractor or to elect to have an audit conducted to verify acquisition -related costs through the date of the acquisition, income from the Property, maintenance and operation costs, and the cost of post - acquisition improvements. Such books, records and other materials shall be made available for County inspection during regular business hours within a reasonable time of the request. If the County elects to conduct such an audit, it will give notice to the City, and such audit will be conducted as soon as is reasonably feasible thereafter, but County payments to the City (if any) will not be delayed pending the outcome of the audit. Such audit will be conducted by an auditor selected by the County, and the County will, except as provided herein, pay the cost of such audit. The City agrees to cooperate with the auditor and to make available for examination at its principal office all of its books, records, correspondence and other documents deemed necessary to conduct the audit by the auditor. If the audit reveals a variation equal to five percent (5%) or more of the cost of acquiring the Property, then the City will pay the cost of the audit, not to exceed Ten Thousand and 00/100 Dollars ($10,000.00). Interlocal Cooperation Agreement between Snohomish County and the City of Edmonds Concerning Acquisition of Property with Conservation Futures Funds Page 4 of 9 Packet Page 66 of 340 The City will preserve all records for a period of seven (7) years; PROVIDED, HOWEVER, that if the City proposes to dispose of any documents materially related to the Property for a period less than seven (7) years, then the City will deliver the same to the County for disposition by the County. The County may at all times enter the Property to determine the City's compliance with the terms and conditions of this Agreement or to post notices. Any person or persons who may have an interest in the purposes of the County's visit may accompany the County. The City acknowledges and agrees that its obligations under this Section Swill survive termination of this Agreement. 9. Risk of Loss. All of the City's personal property of any kind or description whatsoever, or that of its employees, agents, contractors, and/or invitees placed on the Property shall be at the City's sole risk, and the County will not be liable for any damage done to, or loss of, such personal property. 10. 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 City are needed for the County to respond to a request under the Act, as determined by the County, the City agrees to make them promptly available to the County. If the City 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 City 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 City 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 City (a) of the request and (b) of the date that such information will be released to the requester unless the City obtains a court order to enjoin that disclosure pursuant to RCW 42.56.540. If the City 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 City to claim any exemption from disclosure under the Act. The County shall not be liable to the City for releasing records not clearly identified by the City as confidential or proprietary. The County shall not be liable to the City for any records that the County releases in compliance with this Section or in compliance with an order of a court of competent jurisdiction. 11. Hold Harmless and Indemnification. The City shall assume the risk of, be liable for, and pay all damage, loss, costs and expense of any party arising out of the Interlocal Cooperation Agreement between Snohomish County and the City of Edmonds Concerning Acquisition of Property with Conservation Futures Funds Page 5 of 9 Packet Page 67 of 340 activities under this Agreement and all use of any improvements it may place on the Property. The City shall hold harmless, indemnify and defend the County, its officers, elected and appointed officials, employees and agents from and against all claims, losses, lawsuits, actions, counsel fees, litigation costs, expenses, damages, judgments, or decrees by reason of damage to any property or business and/or any death, injury or disability to or of any person or party, including but not limited to any employee, arising out of or suffered, directly or indirectly, by reason of or in connection with the acquisition or use of the Properties and this Agreement; PROVIDED, that the above indemnification does not apply to those damages caused by the sole negligence or willful misconduct of the County, its elected and appointed officials, officers, employees or agents. In executing this Agreement, the County does not assume liability or responsibility for or in any way release the City from any liability or responsibility which arises in whole or in part from the existence or effect of City ordinances, policies, rules or regulations. If any cause, claim, suit, action or administrative proceeding is commenced in which the enforceability and/or validity of any such City ordinance, policy, rule or regulation is at issue, the City shall defend the same at its sole expense and, if judgment is entered or damages are awarded against the City, the County, or both, the City shall satisfy the same, including all chargeable costs and reasonable attorney's fees. 12. Dispute Resolution. The Parties agree to use their best efforts to resolve disputes and other matters arising out of this Agreement or the ongoing administration of this Agreement. If a dispute arises, then (i) within ten (10) business days of a written request by either Party, the City's designated representative and County's designated representative shall meet and resolve the issue; if these parties cannot resolve the issue within ten (10) business days of the meeting, then (ii) the issue shall be submitted to the City's Mayor and to the Director of the Snohomish County Department of Parks and Recreation; if these parties cannot resolve the issue within fifteen (15) business days of submission to them, then (iii) the issue shall be submitted for mediation; if mediation does not successfully resolve the dispute, then (iv) either Party may file suit in a court of competent jurisdiction. The prevailing party in any legal action shall be entitled to a reasonable attorneys' fee and court costs. 13. Notice. All notices required to be given by any party to the other party under this Agreement shall be in writing and shall be delivered either in person, by United States mail, or by electronic mail (email) to the applicable Administrator or Administrator's designee. Notice delivered in person shall be deemed given when accepted by the recipient. Notice by United States mail shall be deemed given as of the date the same is deposited in the United States mail, postage prepaid, and addressed to the Administrator or Administrator's designee at the addresses set forth in Section 1.4 above. Notice delivered by email shall be deemed given as of the date and time received by the recipient. Interlocal Cooperation Agreement between Snohomish County and the City of Edmonds Concerning Acquisition of Property with Conservation Futures Funds Page 6 of 9 Packet Page 68 of 340 14. Miscellaneous. 14.1. Entire Agreement; Amendments. This Agreement shall constitute the full and complete Agreement of the parties regarding the subject matter hereof, and supersedes any and all prior oral or written agreements between the parties regarding the subject matter contained herein. This Agreement may be amended only by written agreement of the parties, executed in the same manner as provided by the Interlocal Cooperation Act, Chapter 39.34 RCW, governing the execution of this Agreement. 14.2. Interpretation. This Agreement and each of the terms and provisions of it are deemed to have been explicitly negotiated by the parties, and the language in all parts of this Agreement shall, in all cases, be construed according to its fair meaning and not strictly for or against either of the parties hereto. The captions and headings in this Agreement are used only for convenience and are not intended to affect the interpretation of the provisions of this Agreement. This Agreement shall be construed so that wherever applicable the use of the singular number shall include the plural number, and vice versa, and the use of any gender shall be applicable to all genders. 14.3. Governing Law and Stipulation of Venue. This Agreement shall be governed by the laws of the State of Washington and the parties stipulate that any lawsuit regarding this Agreement must be brought in Snohomish County, Washington. In the event that a lawsuit is instituted to enforce any provision of this Agreement, the prevailing party shall be entitled to recover all costs of such a lawsuit, including reasonable attorney's fees. 14.4. Rights and Remedies. The rights and remedies of the Parties to this Agreement are in addition to any other rights and remedies provided by law except as otherwise provided in this Agreement. 14.5. No Third Party Rights. It is understood and agreed that this Agreement is solely for the benefit of the Parties hereto and gives no right to any other party. Nothing in this Agreement, whether express or implied, is intended to confer any rights or remedies under, or by reason of, this Agreement on any persons other than the Parties. 14.6. Binding on Successors. All of the terms, provisions and conditions of this Agreement will be binding upon and inure to the benefit of the Parties hereto and their respective successors, permitted assigns and legal representatives. 14.7. No Waiver. Payment by the County under this Agreement shall not constitute a waiver by the County of any claims it may have against the City for any breach of this Agreement or for failure of City to perform the work or actions, as specified in this Agreement. Forbearance of the rights of the parties under this Interlocal Cooperation Agreement between Snohomish County and the City of Edmonds Concerning Acquisition of Property with Conservation Futures Funds Page 7 of 9 Packet Page 69 of 340 Agreement will not constitute waiver of entitlement to exercise their respective rights as to any future acts or omissions by the offending party. 14.8. No Employee Relationship. In performing work and services pursuant to this Agreement, the City, its, employees, consultants, agents, and representatives shall be acting as agents of the City and shall not be deemed or construed to be employees or agents of the County in any manner whatsoever. The City shall not hold itself out as, nor claim to be, an officer or employee of the County and will not make any claim, demand, or application to or for any right or privilege applicable to an officer or employee of County. The City shall be solely responsible for any claims for wages or compensation by the City's employees, consultants, agents, and representatives, including sub -consultants, or any agency, and shall defend, indemnify and hold County harmless therefrom. 14.9 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. 14.10 Execution in Counterparts. This Agreement may be executed in two or more counterparts, each of which shall constitute an original and all of which shall constitute one and the same Agreement. 14.11 Severability. If any provision of this Agreement or the application thereof to any person or circumstance shall, for any reason and to any extent, be found invalid or unenforceable, the remainder of this Agreement and the application of that provision to other persons or circumstances shall not be affected thereby, but shall instead continue in full force and effect, to the extent permitted by law. 14.12 No Assignment. This Agreement shall not be assigned, either in whole or in part, by either party without the express written consent of the other party, which may be granted or withheld in such party's sole discretion. Any attempt to assign this Agreement in violation of the preceding sentence shall be null and void and shall constitute a Default under this Agreement. 14.13 Warranty of Authority. Each of the signatories hereto warrants and represents that he or she is competent and authorized to enter into this Agreement on behalf of the party for whom he or she purports to sign this Agreement. 14.14 No Joint Venture. Nothing contained in this Agreement shall be construed as creating any type or manner of partnership, joint venture or other joint enterprise between the parties. 14.15 No Separate Entity Necessary. The parties agree that no separate legal or administrative entities are necessary to carry out this Agreement. Interlocal Cooperation Agreement between Snohomish County and the City of Edmonds Concerning Acquisition of Property with Conservation Futures Funds Page 8 of 9 Packet Page 70 of 340 14.16 Ownership of Property. Except as expressly provided to the contrary in this Agreement, any real or personal property used or acquired by either party in connection with its performance under this Agreement will remain the sole property of such party, and the other party shall have no interest therein. EXECUTED this SNOHOMISH COUNTY: John Lovick Snohomish County Executive APPROVED AS TO FORM: day of Date 201 CITY OF EDMONDS: By: David 0. Earling City Mayor Attest: Deputy Prosecuting Attorney Date City Clerk APPROVED AS TO FORM: City Attorney Date Interlocal Cooperation Agreement between Snohomish County and the City of Edmonds Concerning Acquisition of Property with Conservation Futures Funds Page 9 of 9 Packet Page 71 of 340 EXHIBIT A Legal Description For APN/Parcel ID(s): 27032300400400 LEGAL DESCRIPTION: THAT PORTION OF GOVERNMENT LOT 2, SECTION 23, TOWNSHIP 27 NORTH, RANGE 3 EAST, W.M., IN SNOHOMISH COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS: BEGINNING AT THE POINT OF INTERSECTION OF THE SOUTH LINE OF SAID GOVERNMENT LOT 2 WITH THE WESTERLY LINE OF THE RIGHT OF WAY OF THE GREAT NORTHERN RAILWAY; THENCE SOUTH 890 47' WEST ALONG SAID LOT LINE 191.16 FEET; THENCE NORTH 510 39' EAST 28 FEET TO THE POINT OF BEGINNING; THENCE NORTH 480 28' WEST 57.5 FEET TO THE GOVERNMENT MEANDER LINE; THENCE NORTH 510 39' EAST ALONG SAID MEANDER LINE 25 FEET; THENCE SOUTH 480 28' EAST 57.5 FEET; THENCE SOUTH 510 39' WEST 25 FEET TO POINT OF BEGINNING. (ALSO KNOWN AS TRACT 4, WALKER-BELTZ SUBDIVISION, ACCORDING TO THE UNRECORDED PLAT THEREOF) Subject to easements and reservations of record. Situate in the County of Snohomish, State of Washington B-1 Packet Page 72 of 340 1�:1a13�1: Conservation Easement B-2 Packet Page 73 of 340 After Recording Return to: Assistant Clerk Snohomish County Council 3000 Rockefeller Avenue MS 609 Everett, WA 98201 Document Title: Grant of Conservation Easement Reference Numbers: Grantor: City of Edmonds, a municipal corporation of the State of Washington Grantee: Snohomish County, a political subdivision of the State of Washington Abbreviated Legal Description: Ptn SE 23-27-03 Additional legal on page 16 Assessor's Property Tax Parcel No.: 27032300400400 GRANT OF CONSERVATION EASEMENT This grant of a perpetual CONSERVATION EASEMENT (hereinafter "Conservation Easement") is made this day of , 2013, by the City of Edmonds, a municipal corporation of the State of Washington (hereinafter "Grantor"), to Snohomish County, a political subdivision of the State of Washington (hereinafter "Grantee" or "County"), in perpetuity as holder of the Conservation Easement pursuant to RCW 64.04.130. RECITALS A. Grantor is the sole owner in fee simple of the property legally described on Exhibit A, which is attached hereto and incorporated herein by reference (the "Protected Property"), which consists of approximately .03 acres of land, located on tax parcel 27032300400400 Snohomish County, Washington; and B. Grantor warrants that Grantor has good legal title to the Protected Property, as well as the right to convey this Conservation Easement, and that the Protected Property is free and clear of any encumbrances except those general exceptions contained in the title policy and any special exceptions shown on the Preliminary Commitment that are accepted by the Grantee; and C. Grantor warrants that Grantor has no actual knowledge of a release or threatened release of hazardous substances or waste on the Protected Property; and D. The Protected Property possesses significant long-term natural and open space values ("Conservation Values") of great importance to the people of Snohomish County for passive recreation; and B-3 Packet Page 74 of 340 E. This Conservation Easement is authorized by RCW 64.04.130, the provision of state law governing conservation easements; and F. The Grantor and the Grantee intend and have the common purpose of retaining the Protected Property for open space and passive recreation by placing restrictions on the use of the Protected Property, which shall continue as a servitude running with the land, and authorizing Grantee to monitor and enforce such restrictions, as described herein; and G. To document the present condition of the Protected Property so that Grantee or its assigns are able to monitor future uses and assure compliance with the terms of this Conservation Easement, Grantee has, at its expense, prepared baseline data consisting of photographs and other documentation summarized in Exhibit B and incorporated herein by reference as though set forth in full (the "Baseline Documentation") that the parties agree provide an accurate representation of the Protected Property as of the date of this Conservation Easement; and H. Snohomish County, as the Grantee of this Conservation Easement, is a qualified holder of conservation easements under RCW 64.04.130; and I. This Conservation Easement is being purchased with funds provided, in part, by the County's Conservation Futures Program pursuant to RCW 84.34.200, RCW 84.34.210, RCW 84.34.220 and chapter 4.14 SCC, which authorizes Snohomish County to purchase conservation easements for the purpose of protecting open space and timber land through restrictions on incompatible uses of the land; NOW, THEREFORE, for and in consideration of the above recitals and the mutual covenants, terms, conditions, and restrictions contained herein and in payment of one dollar ($1.00) and other valuable consideration by Grantee, the receipt of which is hereby acknowledged by Grantor, and pursuant to the laws of the State of Washington, including chapters 64.04 and 84.34 of the Revised Code of Washington, the parties agree as follows: I. Grant. Grantor hereby grants to the Grantee a perpetual Conservation Easement over, under, across and through the Protected Property, as described in Exhibit A attached hereto, to protect, preserve, maintain, improve, restore, limit future use of or otherwise conserve the Protected Property as open space pursuant to chapter 84.34 RCW. II. Purpose. The purpose of this Conservation Easement is to assure that the Protected Property will be retained forever in its natural and open space condition and to prevent any use of the Protected Property that will significantly impair or interfere with the Conservation Values. Grantor intends that this B-4 Packet Page 75 of 340 Conservation Easement will confine the use of, or activity on, the Protected Property to such uses and activities that are consistent with this purpose. This statement of purpose is intended as a substantive provision of the Conservation Easement. Any ambiguity or uncertainty regarding the application of the provisions of this Conservation Easement will be resolved so as to further this purpose. III. Rights of the Grantee. Grantor hereby conveys to the Grantee all rights necessary to accomplish the purpose of this Conservation Easement, including, without limitation, the following: A. The right to protect, conserve, maintain, improve and restore the Conservation Values of the Protected Property; B. The right to enter the Protected Property or allow Grantee's invitees or licensees to enter, at a reasonable time and upon prior written notice to the Grantor, for the following purposes (i) to make general inspection of the Protected Property to monitor compliance with this Conservation Easement; (ii) to protect, preserve, maintain, improve and restore the Conservation Values of the Protected Property; and (iii) to mitigate or terminate any violation or otherwise enforce the provisions of this Conservation Easement. C. The right to enjoin any use of, or activity on, the Protected Property that is inconsistent with the purpose of this Conservation Easement, including trespasses by members of the public, and to require the restoration of such area or features of the Protected Property as may be damaged by uses or activities inconsistent with the provisions of this Conservation Easement, all in accordance with Section XI. D. The right to enforce the terms of this Conservation Easement, consistent with Section XI. E. The right to place a sign on the Protected Property which acknowledges this Conservation Easement, any conditions on access, and any funding contribution to the acquisition of the Conservation Easement. The foregoing are rights, not obligations, and shall not create any third party rights of enforcement. IV. Permitted Uses and Activities. B-5 Packet Page 76 of 340 A. Grantor reserves to itself, and to its successors and assigns all rights accruing from its ownership of the Protected Property, including the right to engage in or permit or invite others to engage in all uses of the Protected Property that are not prohibited herein and are not inconsistent with the purpose of this Conservation Easement. In the event Grantor plans to undertake actions that could be inconsistent with the purpose of this Conservation Easement, Grantor shall provide Grantee written notice of such intent not less than sixty (60) days prior to the date Grantor intends to undertake the activity in question. The notice shall describe the nature, scope, design, location, timetable, and any other material aspect of the proposed activity in sufficient detail to permit Grantee to make an informed judgment as to its consistency with the purpose of this Conservation Easement. Grantee shall grant or withhold its approval in writing within sixty (60) days of receipt of Grantor's notice. Grantee's approval may be withheld only upon a reasonable determination by Grantee that the action proposed would be inconsistent with the purpose of this Conservation Easement. B. Any improvements to the Protected Property shall be limited to those which are passive in nature and meet the requirements and intent of RCW 84.34.200-220. Passive improvements include, but are not limited to, trails, interpretive centers, viewpoints, picnicking facilities, access, restrooms, playgrounds and restoration projects. Active recreational improvements are prohibited. Such improvements include, but are not limited to ball fields, use by motorized vehicles, swimming pools, and recreation centers. C. Nothing herein precludes the Grantor from demolishing, removing, and remediating existing improvements on the property as of the date of this Conservation Easement. V. Prohibited Uses and Activities. Neither Grantor nor its licensees or invitees shall use the Protected Property for any activity or purpose that is inconsistent with the purpose of this Easement. Without limiting the generality of the foregoing, the following activities are expressly prohibited in the Protected Property: A. The placement or construction of any buildings, structures, improvements or equipment of any kind except as permitted in subsection IV. B; B. The continuation, creation, expansion or intensification of any use or activity that is contrary to the purpose of this Conservation Easement or prohibited in this section; B-6 Packet Page 77 of 340 C. Mining or extraction of soil, sand, gravel, oil, natural gas or other mineral; D. Dumping or accumulation of trash or refuse; E. The use of motorized vehicles except for those necessary to conduct the uses permitted under this Conservation Easement; and F. Any construction, expansion, repair or other development activity that would result in more than ten percent (10%) of the area of the Protected Property being covered with impervious surfaces, including, without limitation, asphalt, concrete, gravel, buildings, or ponds. VI. Transfer of Property. The Grantor agrees to: A. Incorporate the terms of this Conservation Easement by reference in any deed or other legal instrument by which it divests itself of any interest in all or a portion of the Protected Property, including, without limitation, leasehold interests. B. Describe the Conservation Easement in and append it to any contract for the transfer of any interest in the Protected Property. C. Give written notice to the Grantee of the transfer of any interest in all or any portion of the Protected Property no later than forty five (45) days prior to the date of such transfer. Such notice to the Grantee shall include the name, address and telephone number of the prospective transferee or the prospective transferee's representative. The failure of the Grantor to perform any act required by this subsection shall not impair the validity of this Conservation Easement or limit its enforceability. Vll. Extinguishment. This Conservation Easement may be terminated or extinguished, whether in whole or in part, only under one or more of the following circumstances: A. By judicial determination, by a court having jurisdiction over the Conservation Easement, those circumstances have rendered the purpose of this Conservation Easement impossible to achieve. B-7 Packet Page 78 of 340 B. In the event all or any of the Protected Property is taken by exercise of the power of eminent domain or acquired in lieu of condemnation, whether by public, corporate or other authority, except by the parties hereto. Vlll. Proceeds. In the event of termination or extinguishment of this Conservation Easement, Grantee shall be compensated by Grantor for the fair market value of its interest in the Protected Property as determined by either a real estate appraiser licensed by the State of Washington or a court of competent jurisdiction. IX. Transfer or Assignment of the Conservation Easement. This Conservation Easement is transferable, but Grantee may assign its rights under this Conservation Easement only to an agency or organization that is authorized to acquire and hold conservation easements under RCW 64.04.130 or RCW 84.34.250, or otherwise qualified at the time of transfer under §170(h) of the Internal Revenue Code of 1986. As a condition of such transfer, Grantee shall require that the transferee exercise its rights under the assignment consistent with the purpose of this Conservation Easement. X. Costs and Liabilities. Grantor retains all responsibilities and shall bear all costs and liabilities of any kind related to ownership, operation, upkeep, and maintenance of the Protected Property. A. Taxes. Grantor shall continue to be solely responsible for payment of all taxes and assessments levied against the Protected Property. B. Attorneys' fees and costs for enforcement. If the Grantee commences and successfully prosecutes an enforcement action pursuant to Section XI below, the Grantor shall pay all reasonable costs and expenses associated with the enforcement action, including but not limited to, reasonable attorneys' fees. Xl. Enforcement & Monitoring. Grantee shall have the authority to enforce the terms of this Conservation Easement. To exercise this authority and thereby further the purpose of this Conservation Easement, the Grantee shall have the following rights under this Conservation Easement, which are subject to the stated limitations: A. Entry onto Protected Property with Reasonable Notice. If the Grantee has reason to believe that a violation of the terms of this Conservation Easement has occurred or is occurring, the Grantee shall have the right to enter the Protected Property, provided that reasonable advance notice is given to the Grantor, for the purpose of inspecting it for violations of any requirement set forth in this B-8 Packet Page 79 of 340 Conservation Easement. Additionally, the Grantee shall have the right to enter the Protected Property at least once a year, at a mutually agreed time, for purposes of inspection and compliance monitoring regardless of whether Grantee has reason to believe that a violation of this Conservation Easement exists. B. Enforcement Mechanisms and Remedial Measures. If the Grantee finds what it believes to be a violation of this Conservation Easement, it may, at its discretion, use any available legal or equitable remedy to secure compliance, including but not limited to seeking injunctive relief and/or specific performance requiring the Grantor to cease and desist all activity in violation of the terms of this Conservation Easement and to return the Protected Property to its condition prior to any violation(s). Except when an imminent violation could irreversibly diminish or impair the Conservation Values of the Protected Property, the Grantee shall give the Grantor written notice of the violation and thirty (30) days in which to take corrective action prior to commencing any legal action. The failure of Grantee to discover a violation or to take immediate legal action shall not bar it from doing so at a later time or constitute a waiver of its rights. Grantee may use the Baseline Documentation as a basis for enforcing the provisions of this Conservation Easement, but is not limited to the use of the Baseline Documentation to show a change of conditions. C. Emergency Enforcement. If Grantee, in its sole discretion, determines that circumstances require immediate action to prevent or mitigate significant damages to the Conservation Values of the Protected Property, Grantee may pursue its remedies under this section without prior notice to Grantor or without waiting for the period provided for cure to expire. D. Scope of Relief. Grantee's rights under this section apply equally in the event of either actual or threatened violations of the terms of this Conservation Easement. Grantor agrees that the Grantee's remedies at law for any violation of the terms of this Conservation Easement are inadequate and that Grantee shall be entitled to the injunctive relief described in this section, both prohibitive and mandatory, in addition to such other relief to which Grantee may be entitled, including specific performance of the terms of this Conservation Easement, without the necessity of proving either actual damages or the inadequacy of otherwise available legal remedies. Grantee's remedies described in this section shall be cumulative and shall be in addition to all remedies now or hereafter existing at law or in equity. B-9 Packet Page 80 of 340 E. Costs of Enforcement. In the event Grantee must enforce the terms of this Conservation Easement, any costs of restoration necessitated by acts or omissions of Grantor, its agents, employees, contractors, invitees or licensees in violation of the terms of this Conservation Easement and Grantee's reasonable enforcement expenses, including reasonable attorneys' and consultants' fees and costs, shall be borne by Grantor, its successors or assigns. F. Waiver of Defenses. Grantor acknowledges it has carefully reviewed this Conservation Easement and has consulted or had the opportunity to consult with counsel of its terms and requirements. In full knowledge of the provisions of this Conservation Easement, Grantor hereby waives any claim or defense it may have against Grantee or its successors or assigns under or pertaining to this Conservation Easement based upon waiver, laches, estoppel or prescription. G. Acts Beyond Grantor's Control. Nothing contained in this Conservation Easement shall be construed to entitle the Grantee to bring any action against Grantor to abate, correct or restore any condition in the Protected Property or to recover damages for any injury to or change in the Protected Property resulting from causes beyond Grantor's control, including fire, flood, storm, and earth movement or the like. XII. Hold Harmless. Grantor hereby agrees to release and hold harmless, indemnify and defend Grantee, its officers, elected and appointed officials, employees and agents (collectively "Indemnified Parties") from all liabilities, penalties, costs, losses, damages, expenses, causes of action, claims, demands or judgments, including, without limitation, reasonable attorneys' and consultants' fees arising from or in any way connected with: A. Injury to or the death of any person, or physical damage to any property, resulting from any act, omission, condition or other matter related to or occurring on or about the Protected Property that is not a consequence of an activity of the Indemnified Parties undertaken under the rights granted to Grantee under this Conservation Easement; B. Violations or alleged violations of, or other failure to comply with, any federal, state or local law or regulation relating to pollutants or hazardous, toxic or dangerous substances or materials, including without limitation CERCLA (42 U.S.C. 9601 et seq.) and MTCA (ch. 70.105D RCW), by any person other than any of the Indemnified Parties, in any way affecting, involving or relating to B-10 Packet Page 81 of 340 the Protected Property, unless such violations or alleged violations are due to the sole acts or omissions of any of the Indemnified Parties on the Protected Property; C. The presence or release in, on, from or about the Protected Property, at any time, of any substance now or hereafter defined, listed or otherwise classified pursuant to any federal, state or local law, regulation or requirement of any substance hazardous, toxic or dangerous to the air, water or soil, or in any way harmful or threatening to human health or the environment, unless caused solely by any of the Indemnified Parties. XIII. Recordation. Grantee shall record this instrument in the Office of the Snohomish County Auditor and may re-record it at any time. XIV. Notices. Any notice, demand, request, consent, approval, or communication that any party desires or is required to give to another party under the terms of this Conservation Easement shall be in writing and either served at or mailed to: Grantee: Snohomish County County Executive Office 3000 Rockefeller Avenue, M/S #407 Everett, WA 98201 Grantor(s): City of Edmonds Office of the Mayor 700 Main Street Edmonds, WA 98020 or to such other address as any party from time to time shall designate by written notice to others. XV. General Provisions. A. Amendment. If circumstances arise under which an amendment to this Conservation Easement would be appropriate, the Grantor and Grantee may jointly amend this Conservation Easement by a written instrument to be recorded with the Snohomish County Auditor, provided that such an amendment does not diminish the effectiveness of this Conservation Easement in carrying out its purpose to permanently preserve and protect in perpetuity the Conservation Values of the Protected Property. B. Controlling Law. The interpretation or performance of this Conservation Easement shall be governed by the laws of the State B-11 Packet Page 82 of 340 of Washington and the Laws of the United States. Any legal proceeding regarding this Conservation Easement shall be initiated in Snohomish County Superior Court. C. Interpretation. This Conservation Easement shall be interpreted to resolve any ambiguities and questions of the validity of specific provisions to give maximum effect to its preservation purpose, as stated in Section II, above. If the Grantor has any doubt concerning the Conservation Easement, covenants, conditions, limitations or restrictions herein contained with respect to any particular use of the said Protected Property, it may submit a written request to the Grantee for consideration and approval of such use. D. Definitions. Any masculine term used in this Conservation Easement shall include the female gender. The terms "Grantor" and "Grantee," wherever used in this Conservation Easement, and any pronouns used in their place, shall be held to mean and include respectively the above named Grantor, its successors, and assigns, and the above -named Grantee, its successors and assigns. E. Entire agreement. This Conservation Easement sets forth the entire agreement of the parties with respect to the issues addressed herein and supersedes all prior discussions, negotiations, understandings, or agreements relating to these issues, all of which are merged herein. F. No forfeiture. Nothing in this Conservation Easement shall result in a forfeiture or revision of Grantor's title in any respect. G. Successors. As stated in the above recitals, all covenants, terms, conditions, and restrictions of this Conservation Easement shall run with the land and be binding upon, and inure to the benefit of, the parties hereto and their respective successors and assigns. H. Severability. If any portion of this Conservation Easement is declared unlawful or invalid, the remainder of the Conservation Easement shall remain in full force and effect. Authority of signatories. The individuals executing this Conservation Easement warrant and represent that they are duly authorized to execute and deliver this Conservation Easement. J. No merger. If Grantee at some future time acquires the underlying fee title in the Protected Property, the interest conveyed by this B-12 Packet Page 83 of 340 Deed will not merge with fee title but will continue to exist and be managed as a separate estate. XVI. Environmental ComDliance. A. Grantor represents and warrants that, after reasonable investigation and to the best of Grantor's knowledge, Grantor and the Protected Property are in compliance with all federal, state and local laws, regulations and requirements applicable to the Protected Property and its use, including without limitation all federal, state and local environmental laws, regulations and requirements. B. Grantor further represents and warrants that there has been no release, dumping, burying, abandonment or migration from offsite onto the Property of any substances, materials or wastes that are hazardous, toxic, dangerous or harmful or are designated as, or contain components that are subject to regulation as hazardous, toxic, dangerous or harmful by any federal, state or local law, regulation, statute or ordinance. There is no pending or threatened litigation affecting the Property or any portion of the Property that will materially impair the Conservation Values . No civil or criminal proceedings have been instigated or are pending against Grantor or its predecessors by government agencies or third parties arising out of alleged violations of environmental laws, and neither Grantor nor its predecessors in interest have received any notice of violation, penalties, claims, demand letters or other notifications relating to a breach of environmental laws. C. Remediation. If at any time there occurs or has occurred a release in, on or about the Property of any substances now or hereafter defined, listed or otherwise classified pursuant to any federal, state or local law, regulation or requirement as hazardous, toxic or dangerous to the air, water or soil, or in any way harmful or threatening to human health or environment, Grantor agrees to take all steps necessary to assure its containment and remediation, including any cleanup that may be required, unless the release was caused by the Grantee, in which case Grantee shall be responsible for remediation. TO HAVE AND TO HOLD unto GRANTEE SNOHOMISH COUNTY, its respective successors and assigns forever. IN WITNESS WHEREOF the parties have, by their authorized officers, set their own hands as of the day and year first stated above. B-13 Packet Page 84 of 340 GRANTOR: By: David O. Earling Its: City Mayor STATE OF WASHINGTON ) ) ss. COUNTY OF SNOHOMISH ) certify that I know or have satisfactory evidence that is the person who appeared before me, and said person acknowledged that (he/she) signed this instrument; on oath stated that (he/she) was authorized to execute the instrument; and acknowledged it, as the of the , the free and voluntary act of such party for the uses and purposes mentioned in the instrument. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. Printed Name: NOTARY PUBLIC in and for the State of Washington, residing at My Commission Expires: Attest: City Clerk APPROVED AS TO FORM City Attorney Date B-14 Packet Page 85 of 340 ACCEPTED BY GRANTEE: On _, 201_ the Snohomish County Council adopted Motion authorizing the County Executive to accept the Conservation Easement, pursuant to RCW 64.04.130. GRANTEE: SNOHOMISH COUNTY in John Lovick Snohomish County Executive STATE OF WASHINGTON ) ) ss. COUNTY OF SNOHOMISH ) I, certify that I know or have satisfactory evidence that is the person who appeared before me, and said person acknowledged that (he/she) signed this instrument; on oath stated that (he/she) was authorized to execute the instrument; and acknowledged it, as the of Snohomish County, the free and voluntary act of such party for the uses and purposes mentioned in the instrument. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. Printed Name: NOTARY PUBLIC in and for the State of Washington, residing at My Commission Expires: APPROVED AS TO FORM: Deputy Prosecuting Attorney Date B-15 Packet Page 86 of 340 EXHIBIT A LEGAL DESCRIPTION OF PROPERTY SUBJECT TO CONSERVATION EASEMENT For APN/Parcel ID(s): 27032300400400 LEGAL DESCRIPTION: THAT PORTION OF GOVERNMENT LOT 2, SECTION 23, TOWNSHIP 27 NORTH, RANGE 3 EAST, W.M., IN SNOHOMISH COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS: BEGINNING AT THE POINT OF INTERSECTION OF THE SOUTH LINE OF SAID GOVERNMENT LOT 2 WITH THE WESTERLY LINE OF THE RIGHT OF WAY OF THE GREAT NORTHERN RAILWAY; THENCE SOUTH 890 47' WEST ALONG SAID LOT LINE 191.16 FEET; THENCE NORTH 510 39' EAST 28 FEET TO THE POINT OF BEGINNING; THENCE NORTH 480 28' WEST 57.5 FEET TO THE GOVERNMENT MEANDER LINE; THENCE NORTH 510 39' EAST ALONG SAID MEANDER LINE 25 FEET; THENCE SOUTH 480 28' EAST 57.5 FEET; THENCE SOUTH 510 39' WEST 25 FEET TO POINT OF BEGINNING. (ALSO KNOWN AS TRACT 4, WALKER-BELTZ SUBDIVISION, ACCORDING TO THE UNRECORDED PLAT THEREOF) Subject to easements and reservations of record. Situate in the County of Snohomish, State of Washington B-16 Packet Page 87 of 340 EXHIBIT B (BASELINE DOCUMENTATION) B-17 Packet Page 88 of 340 I. CURRENT CONDITIONS II. PROPERTY DATA A. Present Use. B. Accessibility and Road Frontage. C. Land Area. D. Land Shape. E. Land Contour and Elevations. F. Minerals and Soil. G. Flood Zone Information. H. Flora. I. Wetlands. III. PICTORIAL ASSESSMENT OF CURRENT SITE CONDITIONS The following photographs of the Protected Property are not in recordable form and are available and on file with the Snohomish County Parks and Recreation Department: Said photographs demonstrate current site conditions, features, typical flora, and impact of human development B-18 Packet Page 89 of 340 AM-6321 3. E. City Council Meeting Meeting Date: 11/19/2013 Time: Consent Submitted For: Bertrand Hauss Department: Engineering Committee: Parks, Planning, Public Works Submitted By: Megan Luttrell Type: Action Information Subiect Title Authorization for Mayor to sign Supplemental Agreement #8 with David Evans & Associates for additional illumination work for the Five Corners Roundabout project Recommendation Authorize Mayor to sign Supplemental Agreement #8 with David Evans & Associates. Previous Council Action On July 12, 2011, City Council authorized the Mayor to sign the Local Agency Standard Consultant Agreement with David Evans & Associates for the Five Corners Roundabout project. On July 17, 2012, City Council authorized the Mayor to sign Supplemental #3 with David Evans & Associates for the Five Corners Roundabout project. On October 9, 2012, City Council authorized the Mayor to sign Supplemental #4 with David Evans & Associates for the Five Corners Roundabout project. On June 18, 2013, City Council authorized the Mayor to sign Supplemental Agreement #7 with David Evans & Associates for additional utility, stormwater, and illumination work for the Five Corners Roundabout project. On November 12, 2013, the Planning, Parks and Public Works Committee reviewed this item and recommended it be placed on the consent agenda for approval. Narrative The proposed supplemental agreement includes the following additions: 1. Update lighting calculations / breaker schedule to include lighting of art sculpture (within central island). 2. Coordination with artist to update illumination plans and details. 3. Update the contract, specifications and cost estimates to incorporate the art sculpture. The total cost of the supplemental agreement is $9,230 and will be paid through local funds. The design and right of way acquisition phases are scheduled for completion in December 2013 and the construction phase is scheduled to begin in Spring 2014. Packet Page 90 of 340 David Evans Supplement #8 Inbox Reviewed By Engineering Robert English Public Works Kody McConnell City Clerk Scott Passey Mayor Dave Earling Finalize for Agenda Scott Passey Form Started By: Megan Luttrell Final Approval Date: 11/15/2013 Attachments Form Review Date 11/14/2013 02:44 PM 11/14/2013 03:04 PM 11/14/2013 03:08 PM 11/14/2013 05:24 PM 11/15/2013 06:04 AM Started On: 11/13/2013 03:11 PM Packet Page 91 of 340 if! � Washington State wI/ Department of Transportation Supplemental Agreement Organization and Address pp g David Evans and Associates, Inc. Number 8 415 118th Avenue SE Bellevue, WA 98005 Original Agreement Number Attn: Victor Salemann EIAA/c342 Phone: (425) 586-9761 Project Number Execution Date Completion Date DEA Project No. COED0000-0003 8/5/2011 1 3/31/2014 Project Title New Maximum Amount Payable Five Corners Roundabout $ 450,754.00 Description of Work Five Corners Roundabout - Provide engineering design services including preparing a topographic base map; environmental documents; project design documentation; PS&E construction bid documents; determination of right-of-way needs; preparation of a right-of-way plan, parcel exhibit(s), and legal deseriptions(s); performing right-of-way acquisition services; and project management services to improve the level of service or the existing intersection. The Local Agency of City of Edmonds desires to supplement the agreement entered into with David Evans and Associates, Inc. and executed on 8/5/2011 and identified as Agreement No. EIAA/c342 All provisions in the basic agreement remain in effect except as expressly modified by this supplement. The changes to the agreement are described as follows: Section 1, SCOPE OF WORK, is hereby changed to read: 11 Section IV, TIME FOR BEGINNING AND COMPLETION, is amended to change the number of calendar days for completion of the work to read. " to file C011111lefl(In d',Itf-- III Section V, PAYMENT, shall be amended as follows: The'' 1Lp; ` 1 .'?1 - I � I lie, New MaN imum A mount Pauabig:..15_,$450,754 as set forth in the attached Exhibit A, and by this reference made a part of this supplement. If you concur with this supplement and agree to the changes as stated above, please sign in the appropriate spaces below and return to this office for final action. By: By: Consultant Signature Approving Authority Signature DOT Form 140-063 EF Revised 9/2005 Packet Page 92 of 340 Date Exhibit A-1 Five Corners Roundabout Intersection Improvement Project SCOPE OF SERVICES Supplement No. 8 Prepared for: CITY OF EDMONDS 121 5th Avenue N Edmonds, WA 98020 Prepared by: DAVID EVANS AND ASSOCIATES, INC. 415 - 118th Avenue SE Bellevue, WA 98005-3518 (425) 519-6500 November 12, 2013 Packet Page 93 of 340 City of Edmonds Five Corners Roundabout Intersection Improvement Project SCOPE OF SERVICES Supplement No. 8 Introduction Supplement No. 8 modifies the original agreement dated August 5, 2011, and Supplements 1 through 7, with the following revisions. Supplement No. 8 transfers existing remaining budgets from the completed Tasks 3.0, 4.0, 10.0, 13.0, and the remaining APS direct expense budget to Task 8.0. Additional Task 8.0 Scope of Services items are listed below. Section 8.0 PS&E Design 8.7 Construction Documents (100% Completion Level) Section 8.7 is supplement with the following: The CONSULTANT shall conduct the following: o Coordinate with artist and City to complete landscape and irrigation plans to include art sculpture and foundation. o Coordinate with artist to update illumination plans to include electrical circuit to uplighting/GFCIs and center sculpture lighting. ■ Develop breaker, load, and conduit calculations. ■ Revise illumination plans and details; and luminaire, wiring, and breaker schedules due to uplighting and center sculpture lighting. o Update design specifications based on updated WSDOT GSPs and the addition of the artist's sculpture, including foundation, sculpture, uplighting, and electrical circuit to uplighting and center sculpture. o Update project cost estimate to include sculpture revisions (i.e., sculpture, foundation, lighting, and electrical). P:IcICOED000000031000000N10030ContractlSupplementslSupplement 8 - Artist Sculpture DesignlExhibit A-1_DEA Scope Five Comers Roundabout 2013-1112.docx City of Edmonds 1 Supplement No. 8 Five Corners Roundabout Project November 12, 2013 Packet Page 94 of 340 1 2 3 4 5 6 7 Supplement No. 8 Exhibit E-1: Consultant Fee Determination - Fixed Fee Five Corners Roundabout Intersection Improvement Project City of Edmonds David Evans and Associates, Inc. Direct Classification Rate Hours Cost Project Manager (PMGR) $ 57.00 15 $855 Managing Professional Engr/QC (MGPE) $ 57.00 6 $342 Professional Engineer (PFEN) $ 42.00 24 $1,008 CADD Manager (CADM) $ 38.00 0 $0 Sr. CADD Technician (SCAD) $ 32.50 2 $65 Administrative Assistant (ADMA) $ 26.75 0 $0 Exec. Administrator (EXAD) $ 31.00 4 $124 Total Hours 51 Salary Cost $2,394 Overhead Cost @ 184.46% of Direct Labor $4,416 Net Fee @ 28.00% of Direct Labor $670 Total Overhead & Net Fee Cost $5,086 Direct Expenses Unit Each No. Cost Reproduction: Reports reports @ $15 /report 0 $0 Reproduction: Plan Sets sets @ $10 /set 0 $0 Mail/Deliveries/Fed Ex @ $20 0 $0 Mileage miles @ $0.565 /mile 0 $0 High Definition Scanning Equip. days @ $520 /day 0 $0 Traffic Counts Vendor $0 Subtotal $0 David Evans and Associates Total $7,480 Subconsultants: Costs Berger Partnership $1,750 Subconsultant Totals $1,750 Total Costs $9,230 Page 1 of 2 P:\c\COED00000003\OOOOCON\0030Contr®ct\Supplements\Supplement 8 - Artist Sculpture Design\Exhibit E-1_DEA Budget Five Corners_2013-1112.xls Printed: 11 / 12/2013 Packet Page 95 of 340 Supplement No. 8 Exhibit E-1 Consultant Fee Determination - Summary Sheet Five Corners Roundabout Intersection Improvement Project City of Edmonds David Evans and Associates, Inc. 1 2 3 a 5 6 7 0 C9 m p W 0 o c Q m rn N ? W C L Q W 2 i9 Wj Mn m o1 o @ o m E m W 0 Q An c a Q Work o CO �' o tL Q : C) a x Element # Work Element a 2 w 0- a U in S Q Q w DEA DEA direct rates: $57.00 $57.00 $a2.00 $3s.00 $3zso $zs.7s $31.00 Total Total Total Total Total Total Total Total hrs hrs hrs hrs hrs $ Survey 3.0 Transfer remaining budget to Task 8 PS&E Design -$79 Work Element 3.0 Total Environmental Documentation -$79 4.0 Transfer remaining budget to Task 8 PS&E Design -$162 Work Element 4.0 Total PS&E Design -$162 8.0 8.7 Construction Documents (100% Completion Level) Budget Transfer from Tasks 3, 4, 10, 13, and APS Budget $4,884 8.7.1 Coordinate with Artist and City to complete 2 2 4 landscape/irrigation plans $619 8.7.2 Coordinate with Artist on lighting and Update Illumination plan 2 2 12 2 18 $2,490 8.7.3 Update lighting calcs/wiring/breaker schedule to include 2 2 8 12 uplighting and center lighting of sculpture $1,762 8.7.4 Design Specifications 8 2 4 14 $2,168 8.7.5 Project Cost Estimate 1 2 3 $441 Work Element 8.0 Total 15 4 51 $12,364 10.0 Right -of -Way Acquisition Services Transfer remaining budget to Task 8 PS&E Design -$3,847 Work Element 10.0 Total Design Charrette Workshop -$3,847 -S219 13.0 Transfer remaining budget to Task 8 PS&E Design Work Element 13.0 Total -$219 Direct Expenses Transfer remaining APS budget to Task 8 PS&E Design -$577 PROJECT WORK ELEMENTS TOTALS 15 6 24 2 4 1 51 1 $7,480 Page 2 of 2 P:\c\COED00000003\OOOOCON\003OContract\Supplements\Supplement 8 - Artist Sculpture Design\Exhibit E-1_DEA Budget Five Corners_2013-1112.xls Printed: 11 /12/2013 Packet Page 96 of 340 AM-6323 City Council Meeting Meeting Date: 11/19/2013 Time: Consent Submitted For: Mike De Lilla 3. F. Department: Engineering Committee: Parks, Planning, Public Works Submitted By: Megan Luttrell Type: Action Information Subiect Title Authorization for the Mayor to sign Supplemental Agreement No. 2 with the Blueline Group for additional construction inspection and administration services. Recommendation Authorize Mayor to sign Supplemental Agreement No. 2 with Blueline Group. Previous Council Action On November 12, 2013, the Planning, Parks and Public Works Committee reviewed this item and recommended it be placed on the consent agenda for approval. Narrative The proposed supplemental agreement with the Blueline Group will provide additional construction support services on capital improvement projects currently under construction. The additional services will be provided on the waterline replacement and asphalt overlay work on 76th Ave and the 2013 sewer CIPP rehabilitation project. The fee for Supplemental Agreement No. 2 is $30,000 and it will be paid from the water and sewer utility funds. Supplemental Agreement No. 2 Inbox Reviewed By Engineering Robert English Public Works Kody McConnell City Clerk Scott Passey Mayor Dave Earling Finalize for Agenda Scott Passey Form Started By: Megan Luttrell Final Approval Date: 11/15/2013 Attachments Form Review Date 11/14/2013 02:48 PM 11/14/2013 03:04 PM 11/14/2013 03:08 PM 11/14/2013 05:24 PM 11/15/2013 06:04 AM Started On: 11/13/2013 03:28 PM Packet Page 97 of 340 SUPPLEMENTAL AGREEMENT 2 TO PROFESSIONAL SERVICES AGREEMENT WHEREAS, the City of Edmonds, Washington, hereinafter referred to as the "City", and The Blueline Group, hereinafter referred to as the "Consultant", entered into an underlying agreement to provide construction inspection and project management services with respect to a project known as the 2013 Waterline Replacement Program, dated April 5, 2013, and entered into a Supplemental Agreement No. 1 to add tasks to the Scope of Work and increase the not to exceed amount, dated June 7, 2013; and WHEREAS, additional construction support services are needed on City capital improvement projects; NOW, THEREFORE, In consideration of mutual benefits occurring, it is agreed by and between the parties thereto as follows: 1. The underlying Agreement of April 5, 2013 and the Supplemental Agreement No. 1 of June 7, 2013 between the parties, incorporated by this reference as fully as if herein set forth, are amended in, but only in, the following respects: 1.1 Scope of Work. The Scope of Work set forth in the underlying agreement shall be amended to include the additional services and material necessary to accomplish the stated objectives as outlined in the attached Exhibit A, incorporated by this reference as fully as if herein set forth. 1.2 The $50,000 amount set forth in paragraph 2A of the underlying Agreement and stated as an amount which shall not be exceeded, and which was increased by $45,000 by the Supplemental Agreement No. 1, is hereby amended to include an additional not to exceed amount of $30,000 for the additional scope of work identified in Exhibit A to this supplemental agreement. As a result of this supplemental agreement, the total contract amount is increased to a new total not -to -exceed amount of $125,000 ($50,000, plus $45,000, plus $30,000). 1.3 Exhibit B to the underlying agreement consisting of the rate and cost reimbursement schedule is hereby amended to include the form set forth on the attached Exhibit B to this addendum, incorporated by this reference as fully as if herein set forth. 2. In all other respects, the underlying agreement and the Supplemental Agreement No. 1 between the parties shall remain in full force and effect, amended as set forth herein, but only as set forth herein. Packet Page 98 of 340 DONE this CITY OF EDMONDS By: Mayor David O. Earling day of , 2013. ATTEST/AUTHENTICATED: Scott Passey, City Clerk APPROVED AS TO FORM: Office of the City Attorney STATE OF WASHINGTON ) )ss COUNTY OF ) THE BLUELINE GROUP By: _ Title: On this day of , 20 , before me, the under -signed, a Notary Public in and for the State of Washington, duly commissioned and sworn, personally appeared , to me known to be the of the corporation that executed the foregoing instrument, and acknowledged the said instrument to be the free and voluntary act and deed of said corporation, for the uses and purposes therein mentioned, and on oath stated that he/she was authorized to execute said instrument and that the seal affixed is the corporate seal of said corporation. WITNESS my hand and official seal hereto affixed the day and year first above written. NOTARY PUBLIC My commission expires: Packet Page 99 of 340 Exhibit 'A' to the Change Agreement for Professional Services between The Blueline Group, LLC and City of Edmonds for the Construction Inspection Services for 2013 Projects, dated May 22, 2013 Task 004 - GENERAL CONSTRUCTION INSPECTION Fee: Time and Expense (Estimated $27,000) Blueline will provide full-time construction inspection services as directed by the City of Edmonds. Services under this task are anticipated to include: 1. Review plans/specifications and visit the site. 2. Review materials delivered to the site to review compliance with City approved submittals. 3. Provide inspection for all aspects of the construction activity to review Contractor compliance with the contract plans and specifications. 4. Coordinate compaction and materials testing with the testing agency. 5. Coordinate pressure and purity testing with the City and Contractor for water main projects. G. Coordinate final connections with the City and Contractor for water main projects. 7. Record and report the progress of the construction operations to the City throughout the duration of the contract. 8. Furnish the City with verification of all quantities of materials. 9. Provide final project inspection including punchlists. 10. Provide as -built redlines to supplement the Contractor's redlines. 11. Monitor the Contractor's traffic control operations to review compliance with City approved Traffic Control Plan. 12. Be responsive to requests from citizens and businesses. Deliverables (to be submitted weekly during construction): • Inspector's Daily Reports. • Records of Force Account Work. • Weekly Tabulation of Quantities Placed (with all truck tickets attached). • Construction Progress Photos. It is anticipated that the City will: • Provide purity testing (with coordination provided by Inspector). • Review submittals and project schedules. Assumptions: • The Contractor will provide construction staking for the projects. • The Design Engineering Firm will prepare as -built drawings based off of the as - built redlines. • Mileage associated with onsite construction inspection has been included in this task. Packet Page 100 of 340 Exhibit 'A' to the Change Agreement for Professional Services between The Blueline Group, LLC and City of Edmonds for the Construction Inspection Services for 2013 Projects, dated May 22, 2013 Task 005 - GENERAL CONSTRUCT/ONADM/N/STRA T/ON Fee: Time and Expense (Estimated $3,000) Blueline will provide construction administration services as directed by the City of Edmonds. Services under this task are anticipated to include: 1. Review plans and specifications and visit the site prior to the Pre -Construction Conference. 2. Attend Pre -Construction Conference. 3. Send out minutes from Pre -Construction Conference. 4. Review and approve Contractor progress schedules. 5. Review and approve contract pay estimates, and prepare pay requests for the City approval. 6. Prepare change orders, as needed. 7. Prepare and submit weekly reports (Statement of Working Days and Project Progress Chart) 8. Log affidavits/intents/certified payroll. 9. Provide project filing. 10. Provide RFI log. 11. Coordinate changes to drawings or specifications as necessary to respond to field conditions (As needed - coordinating with the City Project Manager). 12. Monitor construction to determine contractor compliance and prepare associated documentation. 13. General consultation and coordination on an as -needed basis to address construction questions. 14. Assist with preparing punch lists and final inspection. 15. Prepare recommendation of project acceptance. 16.Attend and conduct construction meetings as required. Provide meeting minutes to attendees. 17. Additional construction inspection services and project management, as needed. Assumptions: • The City will prepare as -built drawings based off of the as -built redlines. • The City will be reviewing submittals and maintaining the submittal log. • The scope of Blueline's Construction Administration task would terminate with final acceptance by the City of the Contractor's work. • Mileage associated with construction administration has been included in this task. • If additional inspection time or project management is requested beyond the scope of Task 004, it will be billed under this task. Packet Page 101 of 340 THE BLUELINE GROUP HOURLY RATE SCHEDULE Effective January 1, 2013 Principal Engineer $155/hr Project Manager $145/hr Senior Project Engineer $140/hr Project Engineer $130/hr Construction Administration $130/hr Project Planner $120/hr Engineer $1 15/hr Senior Construction Inspector $1 15/hr Engineering Designer $1 10/hr Senior CAD Technician $105/hr Construction Inspector $100/hr Planning Coordinator $95/hr CAD Technician $90/hr Administrative Assistant $65/hr Notes: • Standard hourly rates include expenses for telephone, fax, photocopies (letter and legal size) and postage. Please refer to The Blueline Group's standard contract regarding the firm's policy regarding other project expenses. • All standard hourly rates are reviewed annually and adjusted accordingly. PLOTTING/SCANNING RATE SCHEDULE Effective January 1, 2013 1 1"x 17" Bond $0.50/sheet 12" x 18" Bond $2.10/sheet 18" x 24" Bond $2.35/sheet 22" x 34" Bond $2.65/sheet 24" x 36" Bond $2.90/sheet 30" x 42" Bond $3.40/sheet 36" x 48" Bond $3.95/sheet Notes: • Plotting and scanning rates are reviewed annually and adjusted accordingly. • Plotting and scanning rates include 9.5% Sales Tax. MILEAGE RATE SCHEDULE Effective January 1, 2013 Mileage $1.00/mile Packet Page 102 of 340 AM-6317 City Council Meeting Meeting Date: 11/19/2013 Time: Consent Submitted For: Phil Williams Department: Committee: Public Works Finance Submitted By: Kody McConnell Type: Action Information 3. G. Subiect Title Authorization for Mayor to Sign Intergovernmental Cooperative Purchasing Agreement with Alderwood Water & Wastewater District Recommendation It is recommended that the Mayor sign the Intergovernmental Cooperative Purchasing Agreement. Previous Council Action None. Narrative The City of Edmonds is formally requesting an Intergovernmental Cooperative Purchasing Agreement between Alderwood Water and Wastewater District (AWWD) and the City of Edmonds (COE) that would allow COE to utilize the current Supply and Delivery of Programmable Logic Controller (PLC) Equipment contract. This would allow the COE to expeditiously move forward with the replacement of our 1986 vintage PLC's and I/O. We have reviewed the AWWD contract and it contains the equipment that our design is predicated on. The AWWD contract Notice of Award was issued on March 20, 2006 by Chris Schumacher, Project Engineer. Section 3-8 (page 27) indicates the "Other federal, state, County and local entities may utilize the terms and conditions established by this Contract if formally requested and approved by the District." We understand that AWWD intends to renew the existing contract, year by year, through June of 2016 which should allow COE to complete the PLC Replacement Project. Resolution ILA Alderwood Alderwood Interlocal Agreement Inbox City Clerk Mayor Finalize for Agenda Attachments Form Review Reviewed By Date Scott Passey 11/14/2013 09:39 AM Dave Earling 11/14/2013 09:53 AM Scott Passey 11/14/2013 09:55 AM Packet Page 103 of 340 Form Started By: Kody McConnell Started On: 11/13/2013 02:07 PM Final Approval Date: 11/14/2013 Packet Page 104 of 340 RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EDMONDS, WASHINGTON, AUTHORIZING THE MAYOR TO SIGN AN INTERLOCAL JOINT PURCHASING AGREEMENT WITH ALDERWOOD WATER & WASTEWATER DISTRICT WHEREAS, the Interlocal Cooperation Act, as amended, and codified in Chapter 39.34 of the Revised Code of Washington provided for interlocal cooperation between government agencies; and WHEREAS, the parties desire to utilize each other's procurement agreements when it is in their mutual interest; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF EDMONDS, WASHINGTON HEREBY RESOLVES AS FOLLOWS: Section 1 The City Council hereby authorizes by resolution the Mayor to sign an interlocal joint purchasing agreement with Alderwood Water & Wastewater District. RESOLVED this 19th day of November, 2013. MAYOR, DAVE O. ARLNG ATTEST/AUTHENTICATED : CITY CLERK, SCOTT PASSEY FILED WITH THE CITY CLERK: PASSED BY THE CITY COUNCIL: RESOLUTION NO. APPROVED AS TO FORM: City Attorney Packet Page 105 of 340 INTERLOCAL JOINT PURCHASING AGREEMENT THIS AGREEMENT is between Alderwood Water & Wastewater District ("Alderwood"), a political subdivision of the State of Washington, and The City of Edmonds ("Edmonds"), a political subdivision of the State of Washington. WITNESSETH: WHEREAS, the Interlocal Cooperation Act, as amended, and codified in Chapter 39.34 of the Revised Code of Washington provided for interlocal cooperation between governmental agencies; and WHEREAS, the parties desire to utilize each other's procurement agreements when it is in their mutual interest; NOW, THEREFORE, the parties agree as follows: 1. PURPOSE: The purpose of this agreement is to comply with Chapter 39.34 of the Revised Code of Washington and to authorize the purchase or acquisition of goods and services under contracts where a price is extended by either party's vendor to other governmental agencies. 2. ADMINISTRATION: No new or separate legal or administrative entity is created to administer the provisions of this agreement. 3. SCOPE: This agreement shall allow the following activities: A. Purchase or acquisition of goods and services by each party acting as agent for either or both parties when agreed to in advance, in writing; B. Purchase or acquisition of goods and services by each party (1) where provision has been provided in contracts for other governmental agencies to avail themselves of goods and services offered under the contract; (2) where either party's vendor is willing to extend prices to other governmental agencies; and (3) where the original purchasing party has posted notice pursuant to RCW 39.04.030(5)(b). 4. DURATION AGREEMENT- TERMINATION: This agreement shall remain in force until cancelled by either party in writing. 5. RIGHT TO CONTRACT INDEPENDENT ACTION PRESERVED: Each party reserves the right to contract independently for the acquisition of goods or services without notice to the other party and shall not bind or otherwise obligate the other party to participate in the activity. Page 1 Packet Page 106 of 340 6. COMPLIANCE WITH LEGAL REQUIREMENT: Each party accepts responsibility for compliance with federal, state or local laws and regulations including, in particular, the bidding requirements applicable to its acquisition of goods and services. 7. FINANCING: The method of financing of payment shall be through budgeted funds or other available funds of the party for whose use the property is actually acquired or disposed. Each party accepts no responsibility for the payment of the acquisition price of any goods or services intended for use by the other party. 8. FILING: Executed copies of this agreement shall be filed as required by Section 39.34.040 of the Revised Code of Washington prior to this agreement becoming effective. 9. NON-DELEGATION/NON-ASSIGNMENT: Neither party may delegate the performance of any contractual obligation, to a third party, unless mutually agreed in writing. Neither party may assign this agreement without the written consent of the other party. 10. HOLD -HARMLESS: Each party shall be liable and responsible for the consequence of any negligent or wrongful act or failure to act on the part of itself and its employees. Neither party assumes responsibility to the other party for the consequences of any act or omission of any person, firm or corporation not a party to this agreement. 11. SEVERABILITY: Any provision of this agreement, which is prohibited or unenforceable, shall be ineffective to the extent of such prohibition or unenforceability, without invalidating the remaining provision or affecting the validity or enforcement of such provisions. Page 2 Packet Page 107 of 340 APPROVED: CITY OF EDMONDS Authorized Signature Authorized Name (printed or typed) Authorized Title Date APPROVED AS TO FORM: Date ALDERWOOD WATER & WASTEWATER DISTRICT: Authorized Signature Authorized Name (printed or typed) Authorized Title Date Page 3 Packet Page 108 of 340 AM-6333 City Council Meeting Meeting Date: 11/19/2013 Time: Consent Submitted For: Pamela Randolph Department: Wastewater Treatment Plant Committee: Finance Submitted By: Pamela Randolph Type: Action Information 3. H. Subiect Title Authorization for the Mayor to sign the SRF loan from the State of Washington for WWTP Switchgear Project Recommendation The Mayor be authorized to sign the State Revolving Fund loan agreement with the State of Washington for the City of Edmonds portion of the project. Previous Council Action None Narrative Early 2012, staff applied for the SRF loan through the State of WA to cover the entire Switchgear Replacement project of $1,312,603. The process of loan approval has taken longer than the completion of the project. The project is 99% completed and our regional wastewater partners have been invoiced for much of the work. Edmonds portion of the project is $666,631.68. Loan proceeds would be requested for Edmonds portion of the project only and is in effect a riembursement for dollars already spent in 2012 and 2013. The project WWTP Standby Power Distribution and Switchgear Improvement Project willl be 100% complete by end of year. SRF Loan Documents Inbox City Clerk Mayor Finalize for Agenda Form Started By: Kody McConnell Final Approval Date: 11/15/2013 Attachments Form Review Reviewed By Date Scott Passey 11/14/2013 04:31 PM Dave Earling 11/14/2013 05:26 PM Scott Passey 11/15/2013 06:04 AM Started On: 11/14/2013 03:09 PM Packet Page 109 of 340 DEPARTMENT OF ECOLOGY State of Washington WASHINGTON STATE WATER POLLUTION CONTROL REVOLVING FUND LOAN AGREEMENT BETWEEN THE STATE OF WASHINGTON DEPARTMENT OF ECOLOGY AND THE CITY OF EDMONDS Table of Contents Page PART I. GENERAL INFORMATION.................................................................................................... 3 PART II. PROJECT SUMMARY............................................................................................................ 7 PART III. PROJECT BUDGET............................................................................................................... 7 PART IV. GOALS, OUTCOMES, AND POST PROJECT ASSESSMENT ......................................... 7 PART V. SCOPE OF WORK.................................................................................................................. 8 PART V(A). SPECIAL TERMS AND CONDITIONS.......................................................................... 11 PART VI. LOAN INTEREST RATE AND TERMS........................................................................... 11 PART VII. ALL AGREEMENTS CONTAINED HEREIN................................................................. 11 ATTACHMENT 1: OPINION OF RECIPIENT'S LEGAL COUNSEL................................................................ 1 ATTACHMENT 2: AUTHORIZING ORDINANCE OR RESOLUTION.................................................................. 1 ATTACHMENT 3: PREAWARD COMPLIANCE REVIEW REPORT FOR ALL APPLICANTS REQUESTING FEDERALASSISTANCE............................................................................................................................... 1 ATTACHMENT 4: GENERAL PROJECT MANAGEMENT REQUIREMENTS FOR THE WASHINGTON STATE WATER POLLUTION CONTROL REVOLVING FUND..................................................................................... I ACCOUNTINGSTANDARDS............................................................................................................... I ACTIVITIES PROJECTS: TECHNICAL ASSISTANCE............................................................................. 1 ACTIVITIES PROJECTS: BEST MANAGEMENT PRACTICES................................................................. I AUTHORITY...................................................................................................................................... 1 CERTIFICATIONS.............................................................................................................................. 1 Page 1 Packet Page 110 of 340 CERTIFICATION REGARDING SUSPENSION, DEBARMENT, INELIGIBILITY OR VOLUNTARY ExcLusioN:..................................................................................................................................... 2 CLEAN WATER STATE REVOLVING FUND DATA REPORTING SHEET DATA REPORTING SHEET..... 2 COMMENCEMENT OF WORK............................................................................................................. 2 COVENANTS AND AGREEMENTS....................................................................................................... 3 CULTURAL AND HISTORIC RESOURCES PROTECTION....................................................................... 4 DISADVANTAGED BUSINESS ENTERPRISE (DBE)............................................................................. 5 EFFECTIVEDATE: ............................................................................................................................. 7 FACILITIES PROJECTS: DELIVERABLES (IF APPLICABLE).................................................................. 7 FEDERAL FUNDING ACCOUNTABILITY AND TRANSPARENCY ACT (FFATA) REPORTING REQUIREMENTS:............................................................................................................................... 9 FORCEACCOUNT............................................................................................................................. 9 FUNDING RECOGNITION................................................................................................................... 9 GROWTH MANAGEMENT PLANNING.............................................................................................. 10 HOTEL AND MOTEL FIRE SAFETY ACT........................................................................................... 10 INCREASED OVERSIGHT (IF APPLICABLE)....................................................................................... 10 INTERIM REFINANCE (IF APPLICABLE)............................................................................................ 10 LOANREPAYMENT......................................................................................................................... 10 LOCAL LOAN FUND PROJECTS (IF APPLICABLE)............................................................................. 12 MODIFICATIONS TO AGREEMENT................................................................................................... 12 PAYMENT REQUEST SUBMITTALS.................................................................................................. 12 POST PROJECT ASSESSMENT SURVEY............................................................................................ 13 PREVAILINGWAGE........................................................................................................................ 14 PROCUREMENT............................................................................................................................... 14 PROGRESSREPORTS....................................................................................................................... 14 REPRESENTATIONS AND WARRANTIES........................................................................................... 15 SEWER -USER ORDINANCES AND USER -CHARGE SYSTEM (IF APPLICABLE) .................................... 15 SMALL COMMERCIAL ON -SITE SEWAGE SYSTEM REPAIR AND REPLACEMENT (IF APPLICABLE) ... 16 TERMINATION AND DEFAULT; REMEDIES...................................................................................... 17 WATER QUALITY MONITORING..................................................................................................... 18 ATTACHMENT 5: AGREEMENT DEFINITIONS............................................................................................. 1 ATTACHMENT 6: LOAN GENERAL TERMS AND CONDITIONS PERTAINING TO GRANT AND LOAN AGREEMENTS OF THE DEPARTMENT OF ECOLOGY..................................................................................... 1 ATTACHMENT 7: THE FEDERAL FUNDING ACCOUNTABILITY AND TRANSPARENCY ACT (FFATA) & EPA DATA REPORTING SHEET DATA REPORTING SHEET)................................................................................ 1 ATTACHMENT 8: ESTIMATED LOAN REPAYMENT SCHEDULE................................................................... 1 Page 2 Packet Page 111 of 340 WASHINGTON STATE WATER POLLUTION CONTROL REVOLVING FUND LOAN AGREEMENT BETWEEN THE STATE OF WASHINGTON DEPARTMENT OF ECOLOGY AND THE CITY OF EDMONDS FOR THE WASTEWATER TREATMENT PLANT ELECTICAL IMPROVEMENTS THIS is a binding loan [LOAN] agreement entered into by and between the state of Washington Department of Ecology [DEPARTMENT] and City of Edmonds [RECIPIENT]. The purpose of this LOAN agreement is to provide funds to the RECIPIENT to carry out the activities for the project [PROJECT] described in this LOAN agreement. This LOAN agreement consists of 12 pages and 8 attachments. Capitalized terms used, but not otherwise defined, in this LOAN agreement are defined in ATTACHMENT 5. PART I. GENERAL INFORMATION PROJECT Title: LOAN Number(s): Standard Interest LOAN Amount: Interest Rate: LOAN Term: Total LOAN Amount: State Fiscal Year: RECIPIENT Information RECIPIENT Name: Mailing Address: FEDERAL TAXPAYER ID NUMBER Data Universal Numbering System (DUNS) Number: Wastewater Treatment Plant Electrical Improvements Project L1400002 S1,312,603 2.3 Percent 20 Years $1,312,603 2014 City of Edmonds 121 5th Avenue Edmonds, WA 98020 91-6001244 040172827 Page 3 Packet Page 112 of 340 PROJECT Contact: Mailing Address: Email Address: Phone Number: PROJECT Manager: Mailing Address: Email Address: Phone Number: DEPARTMENT Protect Contact Information PROJECT Manager: Email Address: Phone Number: PROJECT Engineer (If different): Address Pamela Randolph 200 2nd Avenue S. Edmonds, WA 98020 pamela.randolph@edmondswa.gov (425) 771-0237 Curt Zuvela 200 2nd Avenue S. Edmonds, WA 98020 curt.zuvela@edmondswa.gov (425) 771-0237 Shawn McKone shawn.mckone@ecy.wa.gov (425) 649-7037 Same ® Northwest ❑ Central WA State Department of Ecology WA State Department of Ecology Northwest Regional Office Central Regional Office 3190 160th Ave SE 15 West Yakima Ave, Suite 200 Bellevue, WA 98008-5452 Yakima, WA 98902-3452 Fax (425) 649-7098 Fax (509) 575-2809 ❑ Southwest ❑ Eastern WA State Department of Ecology WA State Department of Ecology Southwest Regional Office Eastern Regional Office P.O. Box 47775 N. 4601 Monroe Olympia, WA 98504-7775 Spokane, WA 99205-1295 Fax (360) 407-6305 Fax (509) 329-3570 ❑ Bellingham WA State Department of Ecology Bellingham Field Office 1440 loth Street, Suite 102 Bellingham, WA 98225 Fax (360) 715-5225 Financial Manager: Email Address: Phone Number: Fax Number: Address Tammie McClure tammie.mcclure@ecy.wa.gov (360) 407-6410 (360) 407-7151 WA State Department of Ecology Water Quality Program, FMS P.O. Box 47600 Olympia, WA 98504-7600 Page 4 Packet Page 113 of 340 Funding Source(s) for This LOAN agreement: This LOAN agreement may be funded in part or in full with federal funds (Catalog of Federal Domestic Assistance Number 66.458) passed through to the RECIPIENT by the DEPARTMENT. As a "sub -recipient" of federal funds, the RECIPIENT may be subject to certain requirements contained in OMB Circular A-133. Specifically, if the RECIPIENT or sub -recipient has expended a cumulative total (direct or pass through) of $500,000 or more in federal awards in a fiscal year, an audit may be required in accordance with OMB Circular A-133. If the DEPARTMENT uses federal funds to reimburse eligible costs incurred for this PROJECT as part of this LOAN agreement, in January of each year, the DEPARTMENT's fiscal office will notify the RECIPIENT of the amount of federal funds that have been expended. (Federal funding for this AGREEMENT is provided from Capitalization Grants and state match for Clean Water State Revolving Funds; Environmental Protection Agency, Office of Water.) Specific Funding Categories: Standard Loan: ® Yes ❑ No Amount: $1,312,603 Loan for Green Project Reserves: ❑ Yes ® No Green Infrastructure Amount: $ Water Efficiency Amount: $ Energy Efficiency Amount: $ Innovative Amount: $ TOTAL Amount: $ Forgivable Principal Subsidy for Green Project Reserves: ❑ Yes ® No Green Infrastructure Amount: $ Water Efficiency Amount: $ Energy Efficiency Amount: $ Innovative Amount: $ TOTAL Amount: $ Forgivable Principal Subsidy (Hardship): ❑ Yes ® No Amount: $ State Centennial Loan Funds: ❑ Yes ® No Amount $ Page 5 Packet Page 114 of 340 GENERAL LOAN INFORMATION: Increased Oversight: ❑ Yes ® No Useful life of the PROJECT: 20 Years PROJECT TYPE: Check all that apply Facilities Project: ® Yes ❑ No Stormwater Project: ❑ Yes ® No Green Project Reserves: ❑ Yes ® No Activities Project: ❑ Yes ® No LOAN SECURITY: Check all that apply Does this LOAN agreement and the LOAN to be made constitute Revenue Secured Lien Obligation of the RECIPIENT? ® Yes ❑ No Does this LOAN agreement and the LOAN to be made constitute a general obligation debt of the RECIPIENT or the state of Washington? ❑ Yes ® No Does this LOAN agreement and the LOAN to be made constitute a valid general obligation of the RECIPIENT payable from special assessments? ❑ Yes ® No Is this LOAN secured with dedicated revenue through a Tribal Governmental Enterprise? ❑ Yes ® No IMPORTANT DATES: Estimated Project Start Date: May 20, 2012 Estimated Initiation of Operation I of O): ® Yes ❑ No If yes, Date: October 31, 2013 Estimated Project Completion Date: August 31, 2014 Other Milestone or Target Dates: ❑ Yes ® No Interim Refinance: ❑ Yes ® No If yes, Effective Date: Post Project Assessment Date (see Part IV and ATTACHMENT 4): August 31, 2017 Effective Date: May 20, 2012 Page 6 Packet Page 115 of 340 PART II. PROJECT SUMMARY This project consists of 1.) The replacement of the failing Automatic Transfer Switch, which is required to automatically switch to the emergency generator during power outages. This replacement ensures the emergency generator is operational when needed, thus reducing the risk of untreated wastewater overflowing creating public and environmental health concerns; 2.) The replacement of deteriorated electrical switchgear and ensuring switchgear enclosures are adequate for the harsh environment. The project will provide remote operating controls that allow operators the ability to manually manipulate electrical switchgear. This replacement will provide for public and personnel safety as well as enhanced efficient operation of the wastewater treatment plant; and 3.) The installation of electrical metering equipment designed to aid in the efficient operation of the facility and the ability to monitor via supervisory control and data acquisition (SCADA). This also includes the installation of a loadbank switchboard and receptacle to enable full load testing of the generator. The cities of Edmonds, Lynnwood, and Mountlake Terrace, King County, Olympic View Water and Sewer District, and the Ronald Wastewater District all rely on the Edmonds Wastewater Treatment Plant for safe and reliable wastewater treatment, solids handling and disposal. These jurisdictions combined serve approximately 75,000 residents and share in the financial obligations. The project eliminates critical vulnerabilities and, as a consequence, significantly bolsters the reliability and effectiveness of the regional facility, which has a direct impact on the water quality and public health in the region. PART III. PROJECT BUDGET *The Total Total Standard PROJECT Eligible Loan Elements (Tasks) Cost PROJECT Amount Cost 1. Project Administration/ Management $3,128 $3,128 $ 2. Design & Construction Support $113,702 $113,702 $111,658 3. Construction Management $5,775 $5,775 $0 4. Construction, Electrical Equipment & $1,183,425 $1,183,425 $1,170,945 Auto Transfer Switch 5. Change Order Allowance $30,000 $30,000 $30,000 Total $1,336,030 $1,336,030 *$1,312,603 DEPARTMENT'S Fiscal Office will track to the total eliLyible LOAN amount. However. the RECI] cannot deviate among elements without DEPARTMENT approval. Other Funding Sources: ❑ Yes (if Yes, list sources and amounts) ® No PART IV. GOALS, OUTCOMES, AND POST PROJECT ASSESSMENT (See Important Dates in Part I and Post Project Assessment in Attachment 4) ?IENT A. Financial Assistance Water Quality ject Goals: One or more of the selected following goals apply to this project: ❑ Severe Public Health Hazard or Public Health Emergency eliminated. ® Designated beneficial uses will be restored or protected, 303(d)-Listed water bodies restored to water quality standards, and healthy waters prevented from being degraded. ❑ Regulatory compliance with a consent decree, compliance orders, TMDL or waste load Page 7 Packet Page 116 of 340 allocation achieved. B. Water Quality Project Outcomes: The following are quantitative results anticipated from the project. 1. There will not be any sanitary sewage overflows during construction attributed to the PROJECT. 2. The switchgear can be remotely reset. 3. This PROJECT is a preventative measure, upgrading old and outdated equipment before there is a problem. C. Does this PROJECT address a TMDL: ❑ Yes ® No D. Environmental Mitigation: ❑ Yes ® No If Yes, list the environmental mitigation measures: PART V. SCOPE OF WORK Task 1 - Project Administration/Management A. The RECIPIENT will administer the project. Responsibilities will include, but not be limited to: maintenance of PROJECT records; submittal of payment vouchers, fiscal forms, progress reports, and the final report; compliance with applicable procurement, contracting, and interlocal agreement requirements; attainment of all required permits, licenses, easements, or property rights necessary for the PROJECT; and submittal of required performance items. B. The RECIPIENT will manage the PROJECT. Efforts will include: conducting, coordinating, and scheduling PROJECT activities and assuring quality control. Every effort will be made to maintain effective communication with the RECIPIENT's designees; the DEPARTMENT; all affected local, state, or federal jurisdictions; and any interested individuals or groups. The RECIPIENT will carry out this PROJECT in accordance with any completion dates outlined in this LOAN agreement. Required Performance: 1. Effective administration and management of this project. 2. Timely submittal of all required performance items, progress reports, financial vouchers and the final project report. Task 2 —Design & Construction Support A. The RECIPIENT will design the electrical and control system improvements for the its Wastewater Treatment Plant. The design must comply with the General Project Management Guidelines (Attachment 4). Elements of the design will include: 1. Technical specifications of electrical switchgear, automatic transfer switch, enclosures and other electrical components necessary to restore the facility's electrical feed system to original reliability standards. 2. Technical specifications of control system hardware and software necessary to restore or enhance process control monitoring and automation. 3. Engineering drawings showing the physical layout of components and one -line diagrams for all electrical and data signals impacted by the project. 4. Written plan describing the use of temporary power equipment for plant operations for the duration of the electrical supply upgrade work. Page 8 Packet Page 117 of 340 B. The RECIPIENT will complete the facility designs within one year after the execution of this AGREEMENT. C. The RECIPIENT will comply with federal cross cutting requirements, and assist the DEPARTMENT with any consultation required by federal resource protection agencies. The RECIPIENT will submit a final Cross Cutter Report to the DEPARTMENT for review and final determination of impacts for each of the required federal cross cutters. Costs incurred for construction activities that occur before federal cross cutter approval will not be eligible for reimbursement. Required Performance: 1. A copy of all executed contracts for engineering and design work to be performed under this task. The RECIPIENT must submit contracts before the DEPARTMENT will provide reimbursement for work performed under this task. 2. Documentation of the RECIPIENT's process for procuring engineering services. 3. Two copies of the draft and final design to the DEPARTMENT for review and approval. 4. Two copies of final Cross Cutter determination to DEPARTMENT's Project Manager for DEPARTMENT's review and concurrence. Task 3 —Construction Management A. The RECIPIENT will provide adequate and competent construction management and inspection for the PROJECT. This may involve procuring professional services. B. The RECIPIENT will develop a detailed Construction Quality Assurance Plan (WAC 173-240- 075) and submit it to the DEPARTMENT for approval. This plan must describe the activities which the RECIPIENT will undertake to achieve adequate and competent oversight of all construction work. C. The RECIPIENT will provide a plan of interim operation for the facility while under construction. The Temporary Power Plan developed under Task 2.A.4 above may serve as a plan of interim operation. D. The RECIPIENT will ensure construction progresses according to a timely schedule developed to meet completion dates indicated in the construction contract. The RECIPIENT will revise or update the schedule whenever major changes occur and resubmit to the DEPARTMENT. In the absence of any major changes, the RECIPIENT will describe progress of the construction in the quarterly progress reports. E. Upon completion of construction, the RECIPIENT will provide the DEPARTMENT's Project Manager with a set of "as -built" plans (i.e., record construction drawings which reflect changes, modifications, or other significant revisions made to the project during construction). F. The RECIPIENT will prepare an Operation and Maintenance (O&M) manual amendment that addresses the equipment installed under this PROJECT. The O&M amendment must be sufficient to allow the operator to operate the facility within the permit limits. G. Upon project completion, the RECIPIENT will submit the Declaration of Construction Completion form to the DEPARTMENT in accordance with WAC 173-240-090. The form, when signed by a professional engineer, indicates that the project was completed in accordance with the plans and specifications and major change orders approved by the DEPARTMENT, and is accurately shown on the as -built plans. Page 9 Packet Page 118 of 340 Required Performance: 1. Submittal of a copy of all executed contracts for engineering services and construction performed under this task. The RECIPIENT must submit executed contracts before the DEPARTMENT will provide reimbursement for work performed under this task. 2. Documentation of the RECIPIENT's process for procuring engineering services. 3. Submittal of a Construction Quality Assurance Plan. 4. Submittal of a plan of interim operation of the facility while under construction. 5. Submittal of "as -built" plans. 6. Submittal of an Operation and Maintenance Manual or amendment. 7. Submittal of a Declaration of Construction completion. Task 4 —Construction, Electrical Equipment & Auto Transfer Switch A. The RECIPIENT will include the DEPARTMENT's specification insert in the bid documents. The RECIPIENT will execute a contract with the low responsive responsible bidder to construct the PROJECT. B. The RECIPIENT will complete the construction in accordance with the approved Plans and Specifications. The construction project will include: 1. Purchase and install electrical switchgear, automatic transfer switch, electrical enclosures and other electrical supplies and materials necessary to complete the project. 2. Install and operate temporary power supply systems to provide electrical power to the treatment plant for the duration of the project. 3. Provide training and documentation to plant operations staff on the operation of all new or modified equipment. C. The RECIPIENT will conduct a pre -construction conference and invite DEPARTMENT staff. D. The RECIPIENT will obtain an investment grade efficiency audit (IGEA) for projects involving repair, replacement, or improvement of a wastewater treatment facility or other public works facility. The IGEA must include an analysis of potential energy and water efficiency measures and identify cost-effective measures for the RECIPIENT's facility. The RECIPIENT may use existing energy assessments or audits conducted by a qualified Energy Services Company within the last three years to fulfill this requirement. E. The RECIPIENT will negotiate any change orders to the construction contract, and submit the change orders to the DEPARTMENT for approval as described in the General Project Management Guidelines (Attachment 4). Required Performance: 1. Satisfactory completion of the PROJECT in conformance with the approved Plans and Specifications. 2. Investment Grade Efficiency Audit documentation. 3. The RECIPIENT will submit all required submittals as described in the General Project Management Guidelines (Attachment 4), including: a. Bid Tabs, the Notice of Award, and a copy of the executed contract. The RECIPIENT must submit Bid Tabs, the Notice of Award, and a copy of the executed contract before the DEPARTMENT will provide reimbursement for work performed under this task. b. Copy of the advertisement for bids and the affidavit of publication. C. Copy of the notice to proceed. Page 10 Packet Page 119 of 340 d. Minutes of the pre -construction meeting. Task 5 — Change Order Allowance A. The RECIPIENT will negotiate all change orders to the construction contract necessary for successful completion of the PROJECT. B. The RECIPIENT will submit the change orders to the DEPARTMENT for approval as described in the General Project Management Guidelines (Attachment 4). Required Performance: 1. Submittal of all change orders. Changes to the construction contract must be approved prior to reimbursement for work performed under this task. PART V(a). SPECIAL TERMS AND CONDITIONS None PART VI. LOAN INTEREST RATE AND TERMS Source and Availability; LOAN Amounts; LOAN Terms This LOAN agreement will remain in effect until the date of final repayment of the LOAN, unless terminated earlier according to the provisions herein. Subject to all of the terms, provisions, and conditions of this LOAN agreement, and subject to the availability of funds, the DEPARTMENT will loan to the RECIPIENT the sum of One Million Three Hundred Twelve Thousand Six Hundred Three dollars ($1,312,603) (Estimated LOAN Amount). When the PROJECT Completion Date has occurred, the DEPARTMENT and the RECIPIENT will execute an amendment to this LOAN agreement which details the final LOAN amount (Final LOAN Amount), and the DEPARTMENT will prepare a final LOAN repayment schedule, in the form of ATTACHMENT 8. The Final LOAN Amount will be the combined total of actual disbursements made on the LOAN and all accrued interest to the computation date. The Estimated LOAN amount and the Final LOAN amount (in either case, as applicable, a "LOAN Amount") will bear interest at the rate of 2.3 percent per annum, calculated on the basis of a 365 day year. Interest on the Estimated LOAN Amount will accrue from and be compounded monthly based on the date that each payment is mailed to the RECIPIENT. The Final LOAN Amount will be repaid in equal installments semiannually over a term of 20 years, as provided in ATTACHMENT 8. PART VII. ALL AGREEMENTS CONTAINED HEREIN The RECIPIENT will ensure this PROJECT is completed according to the details of this LOAN agreement. The RECIPIENT may elect to use its own forces or it may contract for professional services necessary to perform and complete project -related work, if approved by the DEPARTMENT. Webpage addresses may be provided throughout this LOAN agreement for your convenience, however, if any of these addresses do not work, it is the responsibility of the RECIPIENT to contact the DEPARTMENT for the updated webpage address or the necessary information. The following contain the entire understanding between the parties, and there are no other understandings or representations other than as set forth, or incorporated by reference, herein: • This LOAN agreement Page 11 Packet Page 120 of 340 • ATTACHMENT 1: Opinion of RECIPIENT's Legal Counsel • ATTACHMENT 2: Authorizing Ordinance or Resolution • ATTACHMENT 3: Preaward Compliance Review Report for All Applicants Requesting Federal Assistance • ATTACHMENT 4: General Project Management Requirements • ATTACHMENT 5: Agreement Definitions • ATTACHMENT 6: LOAN General Terms and Conditions (Pertaining to Grant and Loan Agreements) of the Department of Ecology • ATTACHMENT 7: The Federal Funding Accountability and Transparency Act (FFATA) & The Clean Water State Revolving Fund Initial Data Reporting Sheet • ATTACHMENT 8: Estimated LOAN Repayment Schedule • The effective edition, at the signing of this LOAN agreement, of the DEPARTMENT's "Administrative Requirements for Recipients of Ecology Grants and Loans" • The associated funding guidelines that correspond to the Fiscal Year in which the project is funded • The applicable statutes and regulations • As a subrecipient of federal funds (Catalogue of Federal Domestic Assistance Number 66.458) , the RECIPIENT must comply with the following federal regulations: OMB Circular A-133, Audits of States, Local Governments, and Non -Profit Organizations OMB Circular A-133, Compliance Supplement OMB Circular A-87, Cost Principles for State, Local, and Indian Tribal Governments OMB Circular A-102, Uniform Administrative Requirements No changes, additions, or deletions to this LOAN agreement will be authorized without a formal written amendment, EXCEPT that in response to a request from the RECIPIENT, the DEPARTMENT may redistribute the loan budget. The DEPARTMENT or the RECIPIENT may change their respective staff contacts without the concurrence of either party. By signing this LOAN agreement, the RECIPIENT acknowledges that opportunity to thoroughly review the terms of this LOAN agreement, the attachments, all incorporated or referenced documents, as well as all applicable statutes, rules, or guidelines mentioned in this LOAN agreement was given. IN WITNESS WHEREOF, the DEPARTMENT and the RECIPIENT have signed this LOAN agreement as of the dates set forth below, to be effective as provided above. STATE OF WASHINGTON DEPARTMENT OF ECOLOGY KELLY SUSEWIND, P.E., P.G. DATE WATER QUALITY PROGRAM MANAGER APPROVED AS TO FORM ONLY ASSISTANT ATTORNEY GENERAL (October 29, 2009) Boilerplate Update August 15, 2013 CITY OF EDMONDS DAVE EARLING MAYOR Page 12 DATE Packet Page 121 of 340 ATTACHMENT 1: OPINION OF RECIPIENT'S LEGAL COUNSEL I am an attorney at law admitted to practice in the state of Washington and the duly appointed attorney of the City of Edmonds [the RECIPIENT], and I have examined any and all documents and records pertinent to the LOAN agreement. Based on the foregoing, it is my opinion that: A. The RECIPIENT is a duly organized and legally existing municipal corporation or political subdivision under the laws of the state of Washington or a federally recognized Indian tribe; B. The RECIPIENT has the power and authority to execute and deliver and to perform its obligations under the LOAN agreement; C. The LOAN agreement has been duly authorized and executed by RECIPIENT's authorized representatives and, to my best knowledge and after reasonable investigation, all other necessary actions have been taken to make the LOAN agreement valid, binding, and enforceable against the RECIPIENT in accordance with its terms, except as such enforcement is affected by bankruptcy, insolvency, moratorium, or other laws affecting creditors' rights and principles of equity if equitable remedies are sought; D. To my best knowledge and after reasonable investigation, the LOAN agreement does not violate any other agreement, statute, court order, or law to which the RECIPIENT is a party or by which it or its properties are bound; E. There is currently no litigation seeking to enjoin the commencement or completion of the PROJECT or to enjoin the RECIPIENT from entering into the LOAN agreement or from accepting or repaying the LOAN. The RECIPIENT is not a party to litigation which will materially affect its ability to repay such LOAN on the terms contained in the LOAN agreement; and F. The LOAN agreement constitutes a valid obligation of the RECIPIENT payable from the Net Revenues of the Utility. Capitalized terms used herein will have the meanings ascribed thereto in the LOAN agreement between the RECIPIENT and the DEPARTMENT. RECIPIENT's Legal Counsel Date Page 1 of ATTACHMENT 1 Packet Page 122 of 340 ATTACHMENT 2: AUTHORIZING ORDINANCE OR RESOLUTION Page 1 of ATTACHMENT Packet Page 123 of 340 FORM Approved By OMB: No. 2030-0020 Expires 04-30-2012 ATTACHMENT 3: PREAWARD COMPLIANCE REVIEW REPORT FOR ALL APPLICANTS REQUESTING FEDERAL ASSISTANCE Form available electronically at: http://www.epa.gov/ogd/forms/forms.htm (Super crosscutter: required for all loans, except Centennial) Preaward Compliance Review Report for All Applicants and Recipients Requesting EPA Financial Assistance Note: Read instructions on page two of this attachment. I. Applicant/Recipient (Name, Address, State, Zip Code). DUNS No. II. Is the applicant currently receiving EPA assistance? III. List all civil rights lawsuits and administrative complaints pending against the applicant/recipient that allege discrimination based on race, color, national origin, sex, age, or disability. (Do not include employment complaints not covered by 40 C.F.R. Parts 5 and 7. See instructions on reverse side.) IV. List all civil rights lawsuits and administrative complaints decided against the applicant/recipient within the last year that allege discrimination based on race, color, national origin, sex, age, or disability and enclose a copy of all decisions. Please describe all corrective action taken. (Do not include employment complaints not covered by 40 C.F.R. Parts 5 and 7. See instructions on reverse side.) V. List all civil rights compliance reviews of the applicant/recipient conducted by any agency within the last two years and enclose a copy of the review and any decisions, orders, or AGREEMENTS based on the review. Please describe any corrective action taken. (40 C.F.R. § 7.80(c)(3)) VI. Is the applicant requesting EPA assistance for new construction? If no, proceed to VII; if yes, answer (a) and/or (b) below. _ a. If the grant is for new construction, will all new facilities or alterations to existing facilities be designed and constructed to be readily accessible to and usable by persons with disabilities? If yes, proceed to VII; if no, proceed to VI(b).b. If the grant is for new construction and the new facilities or alterations to existing facilities will not be readily accessible to and usable by persons with disabilities, explain how a regulatory exception (40 C.F.R. § 7.70) applies. VII.* Does the applicant/recipient provide initial and continuing notice that it does not discriminate on the basis of race, color, national origin, sex, age, or disability in its programs or activities? (40 C.F.R. § 5.140 and § 7.95) _ a. Do the methods of notice accommodate those with impaired vision or hearing? b. Is the notice posted in a prominent place in the applicant's offices or facilities or, for education programs and activities, in appropriate periodicals and other written communications? c. Does the notice identify a designated civil rights coordinator? VIII.* Does the applicant/recipient maintain demographic data on the race, color, national origin, sex, age, or handicap of the population it serves? (40 C.F.R. § 7.85(a)) IX.* Does the applicant/recipient have a policy/procedure for providing access to services for persons with limited English proficiency? (40 C.F.R. Part 7, E.O. 13166) X.* If the applicant/recipient is an education program or activity, or has 15 or more employees, has it designated an employee to coordinate its compliance with 40 C.F.R. Parts 5 and 7? Provide the name, title, position, mailing address, e-mail address, fax number, and telephone number of the designated coordinator. XI* If the applicant/recipient is an education program or activity, or has 15 or more employees, has it adopted grievance procedures that assure the prompt and fair resolution of complaints that allege a violation of 40 C.F.R. Parts 5 and 7? Provide a legal citation or Internet address for, or a copy of, the procedures. For the Applicant/Recipient _ I certify that the statements I have made on this form and all attachments thereto are true, accurate and complete. I acknowledge that any knowingly false or misleading statement maybe punishable by fine or imprisonment or both under applicable law. I assure that I will fully comply with all applicable civil rights statutes and A. Signature of Authorized Official =thorizedOfficial C. Date For the U.S. Environmental Protection Agency _ I have reviewed the information provided by the applicant/recipient and hereby certify that the applicant/recipient has submitted all preaward compliance information required by 40 C.F.R. Parts 5 and 7; that based on the information submitted, this application satisfies the preaward provisions of 40 C.F.R. Parts 5 and 7; and that the applicant has given assurance that it will fully comply with all applicable civil rights statutes and EPA regulations._ A. Signature of Authorized EPA Official _ See ** note on reverse side. B. Title of Authorized EPA Official C. Date Packet Page 124 of 340 Page 1 of ATTACHMENT 3 FORM Approved By OMB: No. 2030-0020 Expires 04-30-2012 General Recipients of Federal financial assistance from the U.S. Environmental Protection Agency must comply with the following statutes and regulations. Title VI of the Civil Rights Acts of 1964 provides that no person in the United States shall, on the grounds of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assistance. The Act goes on to explain that the statute shall not be construed to authorize action with respect to any employment practice of any employer, employment agency, or labor organization (except where the primary objective of the Federal financial assistance is to provide employment). Section 13 of the 1972 Amendments to the Federal Water Pollution Control Act provides that no person in the United States shall on the ground of sex, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under the Federal Water Pollution Control Act, as amended. Employment discrimination on the basis of sex is prohibited in all such programs or activities. Section 504 of the Rehabilitation Act of 1973 provides that no otherwise qualified individual with a disability in the United States shall solely by reason of disability be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assistance. Employment discrimination on the basis of disability is prohibited in all such programs or activities. The Age Discrimination Act of 1975 provides that no person on the basis of age shall be excluded from participation under any program or activity receiving Federal financial assistance. Employment discrimination is not covered. Age discrimination in employment is prohibited by the Age Discrimination in Employment Act administered by the Equal Employment Opportunity Commission. Title IX of the Education Amendments of 1972 provides that no person in the United States on the basis of sex shall be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any education program or activity receiving Federal financial assistance. Employment discrimination on the basis of sex is prohibited in all such education programs or activities. Note an education program or activity is not limited to only those conducted by a formal institution. 40 C.F.R. Part 5 implements Title IX of the Education Amendments of 1972. 40 C.F.R. Part 7 implements Title VI of the Civil Rights Act of 1964, Section 13 of the 1972 Amendments to the Federal Water Pollution Control Act, and Section 504 of The Rehabilitation Act of 1973. The Executive Order 13166 (E.O. 13166) entitled; "Improving Access to Services for Persons with Limited English Proficiency" requires Federal agencies work to ensure that recipients of Federal financial assistance provide meaningful access to their LEP applicants and beneficiaries. Items "Applicant" means any entity that files an application or unsolicited proposal or otherwise requests EPA assistance. 40 C.F.R. §§ 5.105,7.25. "Recipient" means any entity, other than applicant, which will actually receive EPA assistance. 40 C.F.R. §§ 5.105, 7.25. "Civil rights lawsuits and administrative complaints" means any lawsuit or administrative complaint alleging discrimination on the basis of race, color, national origin, sex, age, or disability pending or decided against the applicant and/or entity which actually benefits from the grant, but excluding employment complaints not covered by 40 C.F.R. Parts 5 and 7. For example, if a city is the named applicant but the grant will actually benefit the Department of Sewage, civil rights lawsuits involving both the city and the Department of Sewage should be listed. "Civil rights compliance review" means any review assessing the applicant's and/or recipient's compliance with laws prohibiting discrimination on the basis of race, color, national origin, sex, age, or disability. Submit this form with the original and required copies of applications, requests for extensions, requests for increase of funds, etc. Updates of information are all that are required after the initial application submission. If any item is not relevant to the project for which assistance is requested, write "NA" for "Not Applicable." In the event applicant is uncertain about how to answer any questions, EPA program officials should be contacted for clarification. * Questions VII — XI are for informational use only and will not affect an applicant's grant status. However, applicants should answer all questions on this form. (40 C.F.R. Parts 5 and 7). ** Note: Signature appears in the Approval Section of the EPA Comprehensive Administrative Review For Grants/Cooperative AGREEMENTS & Continuation/Supplemental Awards form. Approval indicates, in the reviewer's opinion, questions I — VI of Form 4700-4 comply with the preaward administrative requirements for EPA assistance. "Burden Disclosure Statement" EPA estimates public reporting burden for the preparation of this form to average 30 minutes per response. This estimate includes the time for reviewing instructions, gathering and maintaining the data needed and completing and reviewing the form. Send comments regarding the burden estimate, including suggestions for reducing this burden, to: U.S. EPA, Attn: Collection Strategies Division (MC 2822T), Office of Information Collection, 1200 Pennsylvania Ave., NW, Washington, D.C. 20460; and to the Office of Information and Regulatory Affairs, Office of Management and Budget, Washington, D.C. 20503. The information on this form is required to enable the U.S. Environmental Protection Agency to determine whether applicants and prospective recipients are developing projects, programs and activities on a nondiscriminatory basis as required by the above statutes and regulations. Packet Page 125 of 340 Page 2 of ATTACHMENT ATTACHMENT 4: GENERAL PROJECT MANAGEMENT REQUIREMENTS FOR THE WASHINGTON STATE WATER POLLUTION CONTROL REVOLVING FUND AND CENTENNIAL CLEAN WATER PROGRAM PROJECTS (UNLESS MODIFIED BY A SPECIAL TERM AND CONDITION IN PART V.) ACCOUNTING STANDARDS The RECIPIENT will maintain accurate records and accounts for the PROJECT ("PROJECT Records") in accordance with Chapter 43.09.200 RCW "Local Government Accounting - Uniform System of Accounting." These PROJECT Records will be separate and distinct from the RECIPIENT's other records and accounts (General Accounts). Eligible costs will be audited every other year or annually if more than $500,000 of federal funds are received in any given year. Audits will be performed by an independent, certified accountant or state auditor, which may be part of the annual audit of the General Accounts of the RECIPIENT. If the annual audit includes an auditing of this PROJECT, a copy of such audit, including all written comments, recommendations, and findings, will be furnished to the DEPARTMENT within 30 days after receipt of the final audit report. ACTIVITIES PROJECTS: TECHNICAL ASSISTANCE Technical assistance for agriculture activities provided under the terms of this LOAN will be consistent with the current U.S. Natural Resource Conservation Service ("NRCS") Field Office Technical Guide for Washington State. However, technical assistance, proposed practices, or PROJECT designs that do not meet these standards may be accepted if approved in writing by the NRCS and the DEPARTMENT. ACTIVITIES PROJECTS: BEST MANAGEMENT PRACTICES Best Management Practices (BMPs) intended primarily for production, operation, or maintenance are not eligible. BMPs must be pre approved by the DEPARTMENT. AUTHORITY Authority of RECIPIENT This LOAN agreement is authorized by the Constitution and laws of the state of Washington, including the RECIPIENT's authority, and by the RECIPIENT pursuant to the ordinance or resolution attached as ATTACHMENT 2. Opinion of RECIPIENT's Legal Counsel The DEPARTMENT has received an opinion of legal counsel to the RECIPIENT in the form and substance of Attachment 1. CERTIFICATIONS The RECIPIENT certifies by signing this LOAN agreement that all negotiated interlocal agreements necessary for the PROJECT are, or will be, consistent with the terms of this LOAN agreement and Chapter 39.34 RCW, "Interlocal Cooperation Act." The RECIPIENT will submit a copy of each interlocal agreement necessary for the PROJECT to the DEPARTMENT. The RECIPIENT certifies by signing this LOAN agreement that all applicable requirements have been satisfied in the procurement of professional services and that eligible and ineligible costs are separated and identifiable. The RECIPIENT will submit a copy of the final negotiated agreement to the DEPARTMENT for eligibility determination. The RECIPIENT certifies by signing this LOAN agreement that the requirements of Chapter 39.80 RCW, "Contracts for Architectural and Engineering Services," have been, or will be, met in procuring Packet Page 126 of 340 Page I of ATTACHMENT 4 qualified architectural/engineering services. The RECIPIENT will identify and separate eligible and ineligible costs in the final negotiated agreement and submit a copy of the agreement to the DEPARTMENT. CERTIFICATION REGARDING SUSPENSION, DEBARMENT, INELIGIBILITY OR VOLUNTARY EXCLUSION: The RECIPIENT, by signing this agreement, certifies that it is not suspended, debarred, proposed for debarment, declared ineligible or otherwise excluded from contracting with the federal government, or from receiving contracts paid for with federal funds. If the RECIPIENT is unable to certify to the statements contained in the certification, they must provide an explanation as to why they cannot. 2. The RECIPIENT will provide immediate written notice to the DEPARTMENT if at any time the RECIPIENT learns that its certification was erroneous when submitted or had become erroneous by reason of changed circumstances. 3. The terms covered transaction, debarred, suspended, ineligible, lower tier covered transaction, participant, person, primary covered transaction, principal, proposal, and voluntarily excluded, as used in this clause, have the meaning set out in the Definitions and Coverage sections of rules implementing Executive Order 12549. The RECIPIENT may contact the DEPARTMENT for assistance in obtaining a copy of those regulations. 4. The RECIPIENT agrees it will not knowingly enter into any lower tier covered transaction with a person who is proposed for debarment under the applicable Code of Federal Regulations, debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction. 5. The RECIPIENT further agrees by signing this agreement, that it will include this clause titled "CERTIFICATION REGARDING SUSPENSION, DEBARMENT, INELIGIBILITY OR VOLUNTARY EXCLUSION" without modification in all lower tier covered transactions and in all solicitations for lower tier covered transactions. 6. Pursuant to 2CFR180.330, the RECIPIENT is responsible for ensuring that any lower tier covered transaction complies with certification of suspension and debarment requirements. 7. The RECIPIENT acknowledges that failing to disclose the information required in the Code of Federal Regulations may result in the delay or negation of this funding agreement, or pursuance of legal remedies, including suspension and debarment. 8. The RECIPIENT agrees to keep proof in its agreement file, that it, and all lower tier recipients or contractors, are not suspended or debarred, and will make this proof available to the DEPARTMENT before requests for reimbursements will be approved for payment. The RECIPIENT must run a search in www.sam.gov and print a copy of completed searches to document proof of compliance. CLEAN WATER STATE REVOLVING FUND DATA REPORTING SHEET (DATA REPORTING SHEET) The RECIPIENT will submit the completed Data Reporting Sheet to the DEPARTMENT. The completed and signed Data Reporting Sheet will be included in this LOAN agreement as ATTACHMENT 7 (see ATTACHMENT 7 for further instructions). COMMENCEMENT OF WORK The DEPARTMENT reserves the right to terminate this LOAN agreement if work does not commence on the project within 4 months after the DEPARTMENT's deadline for signing this LOAN agreement. Packet Page 127 of 340 Page 2 of ATTACHMENT 4 COVENANTS AND AGREEMENTS Acceptance The RECIPIENT accepts and agrees to comply with all terms, provisions, conditions, and commitments of this LOAN agreement, including all incorporated and referenced documents, and to fulfill all assurances, declarations, representations, and commitments made by the RECIPIENT in its application, accompanying documents, and communications filed in support of its request for a LOAN. Accounts and Records The RECIPIENT will keep proper and separate accounts and records in which complete and separate entries will be made of all transactions relating to this LOAN agreement. The RECIPIENT will keep such records for six years after receipt of final LOAN disbursement. Alteration and Eligibility of PROJECT During the term of this LOAN agreement, the RECIPIENT (i) will not materially alter the design or structural character of the PROJECT without the prior written approval of the DEPARTMENT and (ii) will take no action which would adversely affect the eligibility of the PROJECT as defined by applicable funding program rules and state statutes, or which would cause a violation of any covenant, condition, or provision herein. Collection of ULID Assessments (if used to secure the repayment of this LOAN) All ULID Assessments in the ULID will be paid into the LOAN Fund and used to pay the principal of and interest on the LOAN. The ULID Assessments in the ULID may be deposited into the Reserve Account to satisfy a Reserve Requirement if a Reserve Requirement is applicable. Free Service The RECIPIENT will not furnish Utility service to any customer free of charge if providing that free service will affect the RECIPIENT's ability to meet the obligations of this LOAN agreement. Insurance The RECIPIENT will at all times carry fire and extended coverage, public liability and property damage, and such other forms of insurance with responsible insurers and with policies payable to the RECIPIENT on such of the buildings, equipment, works, plants, facilities, and properties of the Utility as are ordinarily carried by municipal or privately -owned utilities engaged in the operation of like systems, and against such claims for damages as are ordinarily carried by municipal or privately - owned utilities engaged in the operation of like systems, or it will self -insure or will participate in an insurance pool or pools with reserves adequate, in the reasonable judgment of the RECIPIENT, to protect it against loss. Levy and Collection of Taxes (if used to secure the repayment of this LOAN) For so long as the LOAN is outstanding, the RECIPIENT irrevocably pledges to include in its budget and levy taxes annually within the constitutional and statutory tax limitations provided by law without a vote of its electors on all of the taxable property within the boundaries of the RECIPIENT in an amount sufficient, together with other money legally available and to be used therefore, to pay when due the principal of and interest on the LOAN, and the full faith, credit and resources of the RECIPIENT are pledged irrevocably for the annual levy and collection of those taxes and the prompt payment of that principal and interest. Maintenance and Operation of a Funded Utility The RECIPIENT will at all times maintain and keep a funded Utility in good repair, working order and condition and also will at all times operate the Utility and the business in an efficient manner and at a reasonable cost. Pledge of Net Revenue and ULID Assessments in the ULID (if used to secure the repayment of this LOAN) For so long as the LOAN is outstanding, the RECIPIENT irrevocably pledges the Net Revenue of the Packet Page 128 of 340 Page 3 of ATTACHMENT 4 Utility, including applicable ULID Assessments in the ULID, to pay when due the principal of and interest on the LOAN. Reserve Requirement For loans that are Revenue -Secured Debt with terms greater than five years, the RECIPIENT must accumulate a reserve for the LOAN equivalent to at least the Average Annual Debt Service on the LOAN during the first five years of the repayment period of the LOAN. This amount will be deposited in a Reserve Account in the LOAN Fund in approximately equal annual payments commencing within one year after the Initiation of Operation or the PROJECT Completion Date, whichever comes first. "Reserve Account" means, for a LOAN that constitutes Revenue -Secured Debt, an account of that name created in the LOAN Fund to secure the payment of the principal and interest on the LOAN. The amount on deposit in the Reserve Account may be applied by the RECIPIENT (i) to make, in part or in full, the final repayment to the DEPARTMENT of the LOAN Amount or, (ii) if not so applied, for any other lawful purpose of the RECIPIENT once the LOAN Amount, plus interest and any other amounts owing to the DEPARTMENT, have been paid in full. Sale or Disposition of Utility The RECIPIENT will not sell, transfer, or otherwise dispose of any of the works, plant, properties, facilities or other part of the Utility, or any real or personal property comprising a part of the Utility unless one of the following applies: 1. The facilities or property transferred are not material to the operation of the Utility; or have become unserviceable, inadequate, obsolete, or unfit to be used in the operation of the Utility; or are no longer necessary, material, or useful to the operation of the Utility. 2. The aggregate depreciated cost value of the facilities or property being transferred in any fiscal year comprises no more than three percent of the total assets of the Utility. 3. The RECIPIENT receives from the transferee an amount which will be in the same proportion to the net amount of Senior Lien Obligations and this LOAN then outstanding (defined as the total amount outstanding less the amount of cash and investments in the bond and LOAN Funds securing such debt) as the Gross Revenue of the Utility from the portion of the Utility sold or disposed of for the preceding year bears to the total Gross Revenue for that period. The proceeds of any transfer under this paragraph will be used (i) to redeem promptly or irrevocably set aside for the redemption of, Senior Lien Obligations and to redeem promptly the LOAN, or (ii) to provide for part of the cost of additions to and betterments and extensions of the Utility. CULTURAL AND HISTORIC RESOURCES PROTECTION The RECIPIENT must comply with all requirements listed in Section 106 of the National Historic Preservation Act or Executive Order 05-05 prior to implementing any project that involves soil disturbing activity. The RECIPIENT must conduct and submit a cultural resources survey or complete and submit an EZ-1 Form to the DEPARTMENT's project manager prior to any soil disturbing activities. The EZ-1 Form must be submitted to the DEPARTMENT's Project Manager at lease eight weeks prior to the start of soil disturbing activity to prevent delays. The DEPARTMENT will contact the Department of Archaeology and Historic Preservation (DAHP) and affected tribes regarding the proposed project activities in order to fulfill Section 106 or Executive Order 05-05 requirements. Any prior communication between the RECIPIENT, the DAHP, and the tribes is not sufficient to meet requirements. Any mitigation measures as an outcome of this process will be requirements of this agreement. Any soil disturbing activities that occur prior to the completion of the Section 106 or Executive Order 05- 05 process will not be eligible for reimbursement. Activities associated with cultural resources review are Packet Page 129 of 340 Page 4 of ATTACHMENT 4 grant eligible and reimbursable. The Washington State Department of Archaeology and Historic Preservation provide guidance on-line. DISADVANTAGED BUSINESS ENTERPRISE (DBE) General Compliance, 40 CFR, Part 33. The RECIPIENT agrees to comply with the requirements of the Environmental Protection Agency's Program for Utilization of Small, Minority, and Women's Business Enterprises (MBE/WBE) 40CFR, Part 33 in procurement under this LOAN agreement. Non-discrimination Provision. The RECIPIENT will not discriminate on the basis of race, color, national origin or sex in the performance of this LOAN agreement. The RECIPIENT will carry out applicable requirements of 40 CFR part 33 in the award and administration of contracts awarded under EPA financial assistance agreements. Failure by the RECIPIENT to carry out these requirements is a material breach of this LOAN agreement which may result in the termination of this contract or other legally available remedies. The RECIPIENT will comply with all federal and state nondiscrimination laws, including, but not limited to Title VI and VII of the Civil Rights Act of 1964, Section 504 of the Rehabilitation Act of 1973, Title IX of the Education Amendments of 1972, the Age Discrimination Act of 1975, and Chapter 49.60 RCW, Washington's Law Against Discrimination, and 42 U.S.C. 12101 et seq, the Americans with Disabilities Act (ADA). In the event of the RECIPIENT's noncompliance or refusal to comply with any applicable nondiscrimination law, regulation, or policy, this LOAN agreement may be rescinded, canceled, or terminated in whole or in part, and the RECIPIENT may be declared ineligible for further funding from the DEPARTMENT. The RECIPIENT will, however, be given a reasonable time in which to cure this noncompliance. Fair Share Objective/Goals, 40 CFR, Part 33, Subpart D. If the dollar amount of this LOAN agreement or the total dollar amount of all of the RECIPIENT's financial assistance agreements in the current federal fiscal year from the Revolving Fund is over $250,000, the RECIPIENT accepts the applicable MBE/WBE fair share objectives/goals negotiated with EPA by the Office of Minority Women Business Enterprises as follows: Construction 10.00% MBE 6.00% WBE Supplies 8.00% MBE 4.00% WBE Services 10.00% MBE 4.00% WBE Equipment 8.00% MBE 8.00% WBE By signing this LOAN agreement the RECIPIENT is accepting the fair share objectives/goals stated above and attests to the fact that it is purchasing the same or similar construction, supplies, services and equipment, in the same or similar relevant geographic buying market as Office of Minority Women Business Enterprises. Six Good Faith Efforts, 40 CFR, Part 33, Subpart C. The RECIPIENT agrees to make the following good faith efforts whenever procuring construction, equipment, services and supplies under this LOAN agreement. Records documenting compliance with the following six good faith efforts will be retained: 1) Ensuring Disadvantaged Business Enterprises are made aware of contracting opportunities to the fullest extent practicable through outreach and recruitment activities. For Indian Tribal, State and Local and Government recipients, this will include placing Disadvantaged Business Enterprises on solicitation lists and soliciting them whenever they are potential sources. Qualified Women and Minority business enterprises may be found on the Internet at www.omwbe.wa.gov or by contacting the Washington State Office of Minority and Women's Enterprises at 360-704-1181. Packet Page 130 of 340 Page 5 of ATTACHMENT 4 2) Making information on forthcoming opportunities available to Disadvantaged Business Enterprises and arrange time frames for contracts and establish delivery schedules, where the requirements permit, in a way that encourages and facilitates participation by Disadvantaged Business Enterprises in the competitive process. This includes, whenever possible, posting solicitations for bids or proposals for a minimum of thirty (30) calendar days before the bid or proposal closing date. 3) Considering in the contracting process whether firms competing for large contracts could subcontract with Disadvantaged Business Enterprises. For Indian Tribal, State and local Government recipients, this will include dividing total requirements when economically feasible into smaller tasks or quantities to permit maximum participation by Disadvantaged Business Enterprises in the competitive process. 4) Encourage contracting with a consortium of Disadvantaged Business Enterprises when a contract is too large for one of these firms to handle individually. 5) Using services and assistance of the Small Business Administration and the Minority Business Development Agency of the Department of Commerce. 6) If the prime contractor awards subcontracts, requiring the subcontractors to take the five good faith efforts in paragraphs 1 through 5 above. MBE/WBE Reporting, 40 CFR, Part 33, Sections 33.302, 33.502 and 33.503. The RECIPIENT agrees to provide forms: EPA Form 6100-2 DBE Subcontractor Participation Form and EPA Form 6100-3 DBE Subcontractor Performance Form to all its DBE subcontractors, and EPA Form 6100-4 DBE Subcontractor Utilization Form to all its prime contractors. These forms may be obtained from the DEPARTMENT'S Water Quality Program financial assistance website. EPA Form 6100-2 — The RECIPIENT must document that this form was received by DBE subcontractor. DBE subcontractors may submit the completed form to the EPA Region 10 DBE coordinator in order to document issues or concerns with their usage or payment for a subcontract. EPA Form 6100-3 — This form must be completed by DBE subcontractor(s), submitted with bid, and kept with the contract. EPA Form 6100-4 — This form must be completed by the prime contractor, submitted with bid, and kept with the contract. The RECIPIENT also agrees to submit the DEPARTMENT'S MBE/WBE participation report - Form D with each payment request. Contract Administration Provisions, 40 CFR, Section 33.302. The RECIPIENT agrees to comply with the contract administration provisions of 40 CFR, Section 33.302. The RECIPIENT also agrees to ensure that recipients of identified loans also comply with provisions of 40CFR, Section 33.302. The RECIPIENT will include the following terms and conditions in contracts with all contractors, subcontractors, engineers, vendors, and any other entity for work or services pertaining to this LOAN agreement. "The Contractor will not discriminate on the basis of race, color, national origin or sex in the performance of this Contract. The Contractor will carry out applicable requirements of 40 CFR part 33 in the award and administration of contracts awarded under Environmental Protection Agency financial agreements. Failure by the Contractor to carry out these requirements is a material breach of this Contract which may result in termination of this Contract or other legally available remedies." Bidder List, 40 CFR, Section 33.501(b) and (c). The RECIPIENT agrees to create and maintain a bidders list. The bidders list will include the following information for all firms that bid or quote on prime contracts, or bid or quote subcontracts, including both MBE/WBEs and non-MBE/WBEs. Packet Page 131 of 340 Page 6 of ATTACHMENT 4 1. Entity's name with point of contact; 2. Entity's mailing address, telephone number, and e-mail address; 3. The procurement on which the entity bid or quoted, and when; and 4. Entity's status as an MBE/WBE or non-MBE/WBE. EFFECTIVE DATE: The effective date of this LOAN agreement is earliest date on which eligible costs can be incurred. ELECTRONIC AND INFORMATION TECHNOLOGY ACCESSIBILITY: RECIPIENTS will ensure that loan funds provided under this agreement for costs incurred in the development or purchase of EIT systems or products provide individuals with disabilities reasonable accommodations and an equal and effective opportunity to benefit from or participate in a program, including those offered through electronic and information technology as per Section 504 of the Rehabilitation Act, codified in 40 CFR Part 7. Systems or products funded under this agreement must be designed to meet the diverse needs of users without barriers or diminished function or quality. Systems will include usability features or functions that accommodate the needs of persons with disabilities, including those who use assistive technology. FACILITIES PROJECTS: DELIVERABLES (IF APPLICABLE) Planning documents developed by the RECIPIENT must meet the requirements of Chapter 173-240 WAC, "Submission of Plans and Reports for Construction of Wastewater Facilities" and incorporate the State Environmental Review Process (SERP) review. State Environmental Review Process (SERP) and Federal Cross -Cutters. The RECIPIENT must comply with applicable SERP and federal cross cutting requirements. Costs incurred for construction activities prior to DEPARTMENT concurrence are not eligible for reimbursement. Investment Grade Efficiency Audit (IGEA). For projects involving repair, replacement, or improvement of a wastewater treatment plant, or other public works facility for which an investment grade audit is obtainable, the RECIPIENT must undertake an investment grade audit. Costs incurred as part of the investment grade audit are eligible project costs. Plans and Specifications. Plans and specifications developed by the RECIPIENT must be reviewed and approved by Water Quality Program staff of the DEPARTMENT and be consistent with: 1. Requirements stated in Chapter 173-240 WAC, "Submission of Plans and Reports for Construction of Wastewater Facilities," as related to plans and specifications. 2. Good engineering practices and generally recognized engineering standards, including, but not limited to, the most recent versions of the State of Washington's Criteria for Sewage Works Design, the Stormwater Management Manual for Western Washington, the Stormwater Management Manual for Eastern Washington, and the Washington State Department of Transportation Hydraulics Manual. 3. The approved facilities plan. 4. Other reports approved by the DEPARTMENT which pertain to the facilities design. Specification Insert. The RECIPIENT will include the Washington State Department of Ecology Water Pollution Control Revolving Fund Specifications Insert as a special condition in the construction contract specifications. Contact the DEPARTMENT for the required specification inserts. RECIPIENT Approval. The plans, specifications, construction contract documents, and addenda must be approved by the RECIPIENT prior to submittal for DEPARTMENT review. Bid and Award Submittals (as applicable). The RECIPIENT will submit to the DEPARTMENT the following documents relating to bidding and award of any contract funded by this agreement: Packet Page 132 of 340 Page 7 of ATTACHMENT 4 1. A copy of the advertisement for bids. 2. A tabulation of all bids received, and a copy of the bid proposal from the successful bidder, 3. A copy of the Notice of Award, a copy of the executed contract, and a copy of the Notice to Proceed. Construction Cost Estimate. The RECIPIENT will submit to the DEPARTMENT a current, updated, detailed construction cost estimate along with each plan/specification submittal. The project manager may request a spreadsheet in electronic file format. Form of Plans. All construction plans submitted to the DEPARTMENT for review and approval will be reduced to no larger than I V x 17" in size. They may, at the RECIPIENT's option, be bound with the specifications or related construction contract documents or bound as a separate document. All reduced drawings must be completely legible. The project manager may request plans be submitted in either PDF or AutoCAD electronic format, and specifications in a searchable PDF or Microsoft Word electronic file. All PDF documents submitted will be at a resolution of 300 dpi or better. DEPARTMENT Approval. The RECIPIENT will not proceed with any construction -related activities until the DEPARTMENT approves in writing all necessary plans and specifications. Bids and Awards. DEPARTMENT approval of the plans, specifications, and construction documents authorizes the RECIPIENT to solicit bids and award the construction contract (or reject bids) without further DEPARTMENT authorization or approval. However, any additional costs resulting from successful bid protests or other claims due to improper bid solicitation and award procedures will not be considered eligible for LOAN participation. Plan of Interim Operation. The RECIPIENT must update the plan of interim operation, as appropriate, throughout the PROJECT. Construction Quality Assurance Plan. The RECIPIENT will submit to the DEPARTMENT a detailed construction quality assurance plan at least 30 days prior to the commencement of construction in compliance with WAC 173-240-075. This plan must describe how adequate and competent construction inspection will be provided for the PROJECT. Construction Schedule. The RECIPIENT will submit to the DEPARTMENT a construction schedule within 30 days of the start of construction. The RECIPIENT will revise and update the construction schedule whenever major changes occur and resubmit the schedule to the DEPARTMENT. When changes in the construction schedule affect previous cash flow estimates, the RECIPIENT will also submit to the DEPARTMENT a revised cash flow projection. The project manager may request this schedule in an electronic file format. Change Orders. Change orders that are a significant deviation from the approved plans/specifications must be submitted in writing for DEPARTMENT review and approval, prior to execution. The RECIPIENT will submit all other change orders to the DEPARTMENT within 30 days after execution. The DEPARTMENT may approve, through formal amendment to this LOAN agreement, funding for change orders for up to five percent of the eligible portion of the low responsive responsible construction bid(s). Adjusted Construction Budget. The construction budget, as reflected in the LOAN, will be adjusted once actual construction bids are received. If the low responsive responsible construction bid(s) exceed the engineer's estimate of construction costs, the DEPARTMENT may approve funding increases for up to ten percent of the engineer's original estimate. If the low responsive responsible construction bid(s) are lower than estimated the DEPARTMENT may reduce funding to reflect the low bid amount. The DEPARTMENT may also reassess the LOAN amount based on additional funding from other sources received by the RECIPIENT after negotiation of this LOAN agreement. All changes to the LOAN amount will be done by formal amendment to this LOAN agreement. Record Drawings. Upon completion of construction, the RECIPIENT will provide the Packet Page 133 of 340 Page 8 of ATTACHMENT 4 DEPARTMENT's Project Manager with a set of record drawings (i.e., record construction drawings which reflect changes, modifications, or other significant revisions made to the project during construction) in AutoCAD electronic format, and in reduced (I I "x 17") paper copy format. Declaration of Construction Completion. Along with the set of record drawings, the RECIPIENT will provide certification in the form contained in WAC 173-240-095, signed by a professional engineer, indicating that the PROJECT was completed in accordance with the plans and specifications and major change orders approved by the DEPARTMENT. Final Project Report. The RECIPIENT will complete and submit a Final Project Report upon completion of the PROJECT. A template is available on the DEPARTMENT's website.. Operations and Maintenance Manual. An Operations and Maintenance Manual ("O&M Manual") will be prepared in conformance with WAC 173-240-080, "Operation and Maintenance Manual" or other applicable guidance and submitted to the DEPARTMENT for approval. The O&M Manual will be updated as necessary following start-up to reflect actual operating experience. The DEPARTMENT's project manager may request the O&M Manual be submitted in either paper format, PDF format, Microsoft Word, or other electronic file format acceptable to the DEPARTMENT's project manager. All PDF documents submitted will be at a resolution of 300 dpi or better. FEDERAL FUNDING ACCOUNTABILITY AND TRANSPARENCY ACT (FFATA) REPORTING REQUIREMENTS: In order to comply with the FFATA, the RECIPIENT must complete the Data Reporting Form (see Attachment 7 for further instructions) and return it to the DEPARTMENT. The DEPARTMENT will report basic agreement information, including the required DUNS number, for all federally -funded agreements at www.fsrs.gov. This information will be made available to the public at www.usaspending_gov. RECIPIENTS who do not have a DUNS number can find guidance at www.grants.gov. Please note that the DEPARTMENT will not sign this LOAN agreement until it has received the completed FFATA Data Collection Form. The RECIPIENT will submit this form electronically as well as provide a hard copy to the DEPARTMENT (see ATTACHMENT 7 for detailed instructions). Any RECIPIENT that meets each of the criteria below must also report compensation for its five top executives, using the DEPARTMENT's Federal Funding Accountability and Transparency Act (FFATA) Data Collection Form. • Receives more than $25,000 in federal funds under this award; and • Receives more than 80 percent of its annual gross revenues from federal funds; and • Receives more than $25,000,000 in annual federal funds See www.fsrs.gov for details of this requirement. If your organization falls into this category, you must report the required information to Ecology. FORCE ACCOUNT Prior to using its own forces to accomplish eligible PROJECT work, the RECIPIENT must request DEPARTMENT approval. The request must include a dollar amount and general description of the force account work. The request must also include a certification that the RECIPIENT has the legal authority to perform the work and adequate and technically qualified staff to perform the work without compromising other government functions. The RECIPIENT agrees to track and report the force account work submitted to the DEPARTMENT for reimbursement. FUNDING RECOGNITION All site -specific projects must have a sign of sufficient size to be seen from nearby roadways acknowledging department financial assistance and left in place throughout the life of the project or facility. Department logos must be on all signs and documents. Logos will be provided as needed. Packet Page 134 of 340 Page 9 of ATTACHMENT 4 GROWTH MANAGEMENT PLANNING The RECIPIENT certifies by signing this LOAN agreement that it is in compliance with the requirements of Chapter 36.70A RCW, "Growth Management —Planning by Selected Counties and Cities." If the status of compliance changes, either through RECIPIENT or legislative action, the RECIPIENT will notify the DEPARTMENT in writing of this change within 30 days. HOTEL AND MOTEL FIRE SAFETY ACT The RECIPIENT agrees to ensure that all conference, meeting, convention, or training space funded in whole or part with federal funds, complies with the federal Hotel and Motel Fire Safety Act of 1990. INCREASED OVERSIGHT (IF APPLICABLE) The DEPARTMENT's Project Manager will establish a schedule for additional site visits to provide technical assistance to the RECIPIENT and verify progress or payment information. INTERIM REFINANCE (IF APPLICABLE) The RECIPIENT agrees to use the funding from this LOAN agreement to pay-off existing debt for eligible costs incurred to complete this PROJECT, and to fund all or part of the remaining tasks outlined for this PROJECT. The RECIPIENT will maintain clear documentation of the debt pay-off and make such documentation available to the DEPARTMENT upon request. LOAN REPAYMENT Sources of LOAN Repayment 1. Nature of RECIPIENT's Obligation. The obligation of the RECIPIENT to repay the LOAN from the sources identified below and to perform and observe all of the other agreements and obligations on its part contained herein will be absolute and unconditional, and will not be subject to diminution by setoff, counterclaim, or abatement of any kind. To secure the repayment of the LOAN from the DEPARTMENT, the RECIPIENT agrees to comply with all of the covenants, agreements, and attachments contained herein. 2. For General Obligation. _ This LOAN is a General Obligation Debt of the RECIPIENT. 3. For General Obligation Payable from Special Assessments. This LOAN is a General Obligation Debt of the RECIPIENT payable from special assessments to be imposed within the constitutional and statutory tax limitations provided by law without a vote of the electors of the RECIPIENT on all of the taxable property within the boundaries of the RECIPIENT. 4. For Revenue -Secured; Lien Position. This LOAN is a Revenue -Secured Debt of the RECIPIENT's Utility. This LOAN will constitute a lien and charge upon the Net Revenue junior and subordinate to the lien and charge upon such Net Revenue of any Senior Lien Obligations. In addition, if this LOAN is also secured by Utility Local Improvement Districts (ULID) Assessments, this LOAN will constitute a lien upon ULID Assessments in the ULID prior and superior to any other charges whatsoever. 5. Other Sources of Repayment. The RECIPIENT may repay any portion of the LOAN from any funds legally available to it. 6. Defeasance of the LOAN. So long as the DEPARTMENT will hold this LOAN, the RECIPIENT will not be entitled to, and will not affect, an economic Defeasance of the LOAN. The RECIPIENT will not advance refund the LOAN. If the RECIPIENT defeases or advance refunds the LOAN, it will be required to use the Packet Page 135 of 340 Page 10 of ATTACHMENT 4 proceeds thereof immediately upon their receipt, together with other available RECIPIENT funds, to repay both of the following: (i) the LOAN Amount with interest (ii) any other obligations of the RECIPIENT to the DEPARTMENT under this LOAN agreement, unless in its sole discretion the DEPARTMENT finds that repayment from those additional sources would not be in the public interest. Failure to repay the LOAN Amount plus interest within the time specified in the DEPARTMENT's notice to make such repayment will incur Late Charges and will be treated as a LOAN Default. 7. Refinancingor r Early Repayment of the PROJECT. So long as the DEPARTMENT will hold this LOAN, the RECIPIENT will give the DEPARTMENT thirty days written notice if the RECIPIENT intends to refinance or make early repayment of the LOAN. Method and Conditions on Repayments 1. Semiannual Payments. Notwithstanding any other provision of this LOAN agreement, the first semiannual payment of principal and interest on this LOAN will be paid no later than one year after the PROJECT Completion Date or Initiation of Operation Date whichever comes first. Equal payments will be due every six months thereafter. If the due date for any semiannual payment falls on a Saturday, Sunday, or designated holiday for Washington State agencies, the payment will be due on the next business day for Washington State agencies. Payments will be mailed to: Department of Ecology Cashiering Unit P.O. Box 47611 Olympia WA 98504-7611 In lieu of mailing payments, electronic fund transfers can be arranged by working with the DEPARTMENT's Financial Manager. No change to the amount of the semiannual principal and interest payments will be made without a formal amendment to this LOAN agreement. The RECIPIENT will continue to make semiannual payments based on this LOAN agreement until the amendment is effective, at which time the RECIPIENT's payments will be made pursuant to the amended LOAN agreement. 2. Late Charges. If any amount of the Final LOAN Amount or any other amount owed to the DEPARTMENT pursuant to this LOAN agreement remains unpaid after it becomes due and payable, the DEPARTMENT may assess a Late Charge. The Late Charge will be one percent per month on the past due amount starting on the date the debt becomes past due and until it is paid in full. 3. Repayment Limitations. Repayment of the LOAN is subject to the following additional limitations, among others: those on Defeasance, refinancing and advance refunding, termination, and default and recovery of payments. 4. Prepayment of LOAN. So long as the DEPARTMENT will hold this LOAN, the RECIPIENT may prepay the entire unpaid principal balance of and accrued interest on the LOAN or any portion of the remaining unpaid principal balance of the LOAN Amount. Any prepayments on the LOAN will be applied first to any accrued interest due and then to Packet Page 136 of 340 Page 11 of ATTACHMENT 4 the outstanding principal balance of the LOAN Amount. If the RECIPIENT elects to prepay the entire remaining unpaid balance and accrued interest, the RECIPIENT will first contact the DEPARTMENT's Revenue/Receivable Manager of the Fiscal Office. LOCAL LOAN FUND PROJECTS (IF APPLICABLE) Local Loan Fund. The RECIPIENT will use the funds received from the DEPARTMENT under this LOAN agreement to establish and administer a local loan fund. Local Loan Fund Servicing. The RECIPIENT will be responsible for local loan servicing and collecting and tracking local loan payments, but may contract for such services through a lending institution. The RECIPIENT will officially approve or deny the local loan request and will establish the local loan interest rate and the repayment period. Schedule. A schedule for PROJECT completion, including milestone dates for loan marketing activities, numbers of loan applications and closures, disbursements, application deadlines, etc., will be submitted by the RECIPIENT with each quarterly progress report. MODIFICATIONS TO AGREEMENT No subsequent amendments to this LOAN agreement will be of any force or effect unless reduced to a writing and signed by authorized representatives of the RECIPIENT and the DEPARTMENT, and made part hereof, except: Insubstantial modifications may be approved in writing by the Department's Project Manager without a formal amendment. Insubstantial changes include: • LOAN agreement contact • Contact for billing/invoice questions • The DEPARTMENT'S Project Manager or Financial Manager • Frequency and number of required submittals • Budget allocations not affecting the total LOAN Amount • Similar changes requested by the RECIPIENT No amendment to this LOAN agreement will be effective until accepted or affirmed in writing by the DEPARTMENT. In no event will any oral agreement or oral commitment be effective to amend this LOAN agreement. PAYMENT TO CONSULTANTS: The RECIPIENT will ensure that loan funds provided under this agreement to reimburse for costs incurred by individual consultants(excluding overhead) is limited to the maximum daily rate for Level IV of the Executive Schedule (formerly GS-18), to be adjusted annually. This limit applies to consultation services of designated individuals with specialized skills who are paid at a daily or hourly rate. This rate does not include transportation and subsistence costs for travel performed. Contracts for services awarded using the procurement requirements in 40 CFR Parts 30 or 31, as applicable, are not affected by this limitation unless the terms of the contract provide the RECIPIENT with responsibility for the selection, direction, and control of the individuals who will be providing services under the contract at an hourly or daily rate of compensation. See 40 CFR 30.27(b) or 40 CFR 31.360) for additional information. PAYMENT REQUEST SUBMITTALS Equipment Purchase Equipment not included in a construction plans and specification approval must be pre -approved by the DEPARTMENT's project manager. Requests for Reimbursement Packet Page 137 of 340 Page 12 of ATTACHMENT 4 Instructions for submitting payment requests are found in ADMINISTRATIVE REQUIREMENTS, PART IV available on the DEPARTMENT's website or in hard copy upon request. Procedure. Payment requests will be submitted by the RECIPIENT to the Financial Manager and the Project Manager of the DEPARTMENT no more that once a month unless allowed by the DEPARTMENT's Financial Manager. The DEPARTMENT's Financial Manager may require the RECIPIENT to submit regular payment requests to ensure efficient and timely use of funds. 2. Cost Reimbursable Basis: Payments to the RECIPIENT will be made on a "reimbursable basis." 3. Documentation: Each request for payment will include back-up documentation of the eligible expenses being requested for reimbursement and a progress report. 4. Required Forms: Invoice voucher submittals will include (forms available on our website): • State of Washington Invoice Voucher Form A19-1A • Form B2 (ECY 060-7) • Form C2 (ECY 060-9) • Form D (ECY 060-11) • Progress Report Form 5. Period of Payment. Payments will only be made for eligible costs of the PROJECT pursuant to the LOAN agreement and performed after the effective date and prior to the expiration date of the LOAN agreement, unless those dates are specifically modified in this LOAN agreement. 6. Ineligible Costs. Payments will be made only for eligible PROJECT costs incurred and will not exceed the Estimated LOAN Amount. If any audit identifies LOAN funds which were used to support ineligible costs, such funds may be immediately due and payable to the DEPARTMENT notwithstanding any provision to the contrary herein. 7. Overhead Costs. No payment for overhead costs in excess of 25 percent of salaries and benefits of the RECIPIENT will be allowed. 8. Certification. Each payment request will constitute a certification by the RECIPIENT to the effect that all representations and warranties made in this LOAN agreement remain true as of the date of the request and that no adverse developments, affecting the financial condition of the RECIPIENT or its ability to complete the PROJECT or to repay the principal of or interest on the LOAN, have occurred since the date of this LOAN agreement. Any changes in the RECIPIENT's financial condition will be disclosed in writing to the DEPARTMENT by the RECIPIENT in its request for payment. New Electronic System "Ecology Administration of Grants and Loans (EAGL)" The DEPARTMENT is currently developing a web -based grant and loan management system. The DEPARTMENT will be transitioning to this new web -based system in the future. Once the transition has taken place payment requests and progress reports will be submitted electronically. POST PROJECT ASSESSMENT SURVEY The RECIPIENT agrees to participate in a brief survey regarding the key PROJECT results or water quality PROJECT outcomes and the status of long-term environmental results or goals from the PROJECT approximately three years after PROJECT completion. A representative from the DEPARTMENT's Water Quality Program will contact the RECIPIENT to request this data. The DEPARTMENT may also conduct site interviews and inspections, and may otherwise evaluate the PROJECT, as part of this assessment. Packet Page 138 of 340 Page 13 of ATTACHMENT 4 PREVAILING WAGE Prevailing Wage (Davis -Bacon Act): The RECIPIENT agrees, by signing this LOAN agreement, to comply with the Davis -Bacon Act prevailing wage requirements. This applies to the construction, alteration, and repair of treatment works carried out in whole or in part with assistance made available by the State Revolving Fund as authorized by Section 513, title VI of the Federal Water Pollution Control Act (33 U.S.C. 1372). Laborers and mechanics employed by contractors and subcontractors will be paid wages not less often than once a week and at rates not less than those prevailing on projects of a character similar in the locality as determined by the Secretary of Labor. The RECIPIENT will obtain the wage determination for the area in which the PROJECT is located prior to issuing requests for bids, proposals, quotes or other methods for soliciting contracts (solicitation). These wage determinations will be incorporated into solicitations and any subsequent contracts. The RECIPIENT will ensure that the required EPA contract language regarding Davis - Bacon Wages is in all contracts and sub contracts in excess of $2,000. The RECIPIENT will maintain records sufficient to document compliance with the Davis -Bacon Act, and make such records available for review upon request. The RECIPIENT also agrees, by signing this LOAN agreement, to comply with State Prevailing Wages on Public Works, Chapter 39.12 RCW, as applicable. Compliance may include the determination whether the PROJECT involves "public work" and inclusion of the applicable prevailing wage rates in the bid specifications and contracts. The RECIPIENT agrees to maintain records sufficient to evidence compliance with Chapter 39.12 RCW, and make such records available for review upon request. PROCUREMENT The RECIPIENT is responsible for procuring professional, personal, and other services using sound business judgment and good administrative procedures. This includes issuance of invitation of bids, requests for proposals, selection of contractors, award of subagreements, and other related procurement matters. The RECIPIENT will follow State procurement laws. PROGRESS REPORTS The RECIPIENT will submit a progress report to the DEPARTMENT Financial Manager and Project Manager with each payment request or at least quarterly or such other schedule as set forth herein. Quarterly reports will cover the periods: January 1 through March 31 April 1 through June 30 July 1 through September 30 October 1 through December 31 Quarterly reports are due 15 days following the end of the quarter being reported. Payment requests will not be processed without a progress report. A progress report must be submitted at least quarterly even if no progress has occurred. A Progress Report Form is available on the DEPARTMENT's website. At a minimum, all progress reports must contain the items outlined in the DEPARTMENT's Progress Report Form. The DEPARTMENT may request additional information as necessary. The RECIPIENT will also report in writing to the DEPARTMENT any problems, delays, or adverse conditions which will materially affect its ability to meet PROJECT objectives or time schedules. This disclosure will be accompanied by a statement of the action taken or proposed and any assistance needed from the DEPARTMENT to resolve the situation. New Electronic System "Ecology Administration of Grants and Loans (EAGL)" Packet Page 139 of 340 Page 14 of ATTACHMENT 4 The DEPARTMENT is currently developing a web -based grant and loan management system. The DEPARTMENT will be transitioning to this new web -based system in the future. Once the transition has taken place payment requests and progress reports will be submitted electronically. REPRESENTATIONS AND WARRANTIES The RECIPIENT represents and warrants to the DEPARTMENT as follows: A. Existence; Authority. It is a duly formed and legally existing municipal corporation or political subdivision of the state of Washington or a federally recognized Indian tribe. It has full corporate power and authority to execute, deliver, and perform all of its obligations under this LOAN agreement and to undertake the PROJECT identified herein. B. Application; Material Information. All information and materials submitted by the RECIPIENT to the DEPARTMENT in connection with its LOAN application were, when made, and are, as of the date the RECIPIENT executes this LOAN agreement, true and correct. There is no material adverse information relating to the RECIPIENT, the PROJECT, the LOAN, or this LOAN agreement known to the RECIPIENT which has not been disclosed in writing to the DEPARTMENT. C. Litigation; Authority. No litigation is now pending or, to the RECIPIENT'S knowledge, threatened, seeking to restrain, or enjoin: (i) the execution of this LOAN agreement; or (ii) the fixing or collection of the revenues, rates, and charges or the formation of the ULID and the levy and collection of ULID Assessments therein pledged to pay the principal of and interest on the LOAN (for revenue secured lien obligations); or (iii) the levy and collection of the taxes pledged to pay the principal of and interest on the LOAN (for general obligation -secured loans and general obligation payable from special - assessment -secured loans); or (iii) in any manner questioning the proceedings and authority under which the LOAN agreement, the LOAN, or the PROJECT are authorized. Neither the corporate existence or boundaries of the RECIPIENT nor the title of its present officers to their respective offices is being contested. No authority or proceeding for the execution of this LOAN agreement has been repealed, revoked, or rescinded. D. Not an Excess Indebtedness For LOANS secured with a general obligation pledge or a general obligation pledge on special assessments: The RECIPIENT agrees that this LOAN agreement and the LOAN to be made do not create an indebtedness of the RECIPIENT in excess of any constitutional or statutory limitations. E. Due Regard For LOANS secured with a Revenue Obligation: The RECIPIENT has exercised due regard for Maintenance and Operation Expense and the debt service requirements of the Senior Lien Obligations and any other outstanding obligations pledging the Gross Revenue of the Utility, and it has not obligated itself to set aside and pay into the LOAN Fund a greater amount of the Gross Revenue of the Utility than, in its judgment, will be available over and above such Maintenance and Operation Expense and those debt service requirements. SEWER -USER ORDINANCES AND USER -CHARGE SYSTEM (IF APPLICABLE) Sewer -Use Ordinance or Resolution If not already in existence, the RECIPIENT will adopt and will enforce a sewer -use ordinance or resolution. The sewer use ordinance must include provisions to: 1) prohibit the introduction of toxic Packet Page 140 of 340 Page 15 of ATTACHMENT 4 or hazardous wastes into the RECIPIENT's sewer system; 2) prohibit inflow of stormwater; 3) require that new sewers and connections be properly designed and constructed; and 4) require all existing and future residents to connect to the sewer system. Such ordinance or resolution will be submitted to the DEPARTMENT upon request by the DEPARTMENT. User -Charge System The RECIPIENT certifies that it has the legal authority to establish and implement a user -charge system and will adopt a system of user -charges to assure that each user of the utility will pay its proportionate share of the cost of operation and maintenance, including replacement during the design life of the PROJECT. In addition, the RECIPIENT will regularly evaluate the user -charge system, at least annually, to ensure the system provides adequate revenues necessary to operate and maintain the utility, to establish a reserve to pay for replacement, to establish the required LOAN Reserve Account, and to repay the LOAN. SMALL COMMERCIAL ON -SITE SEWAGE SYSTEM REPAIR AND REPLACEMENT (IF APPLICABLE) On -site sewage system repair or replacement funding may be provided to eligible small commercial enterprises. The definition of "small commercial" requires that the average daily flows from any one single business cannot exceed 3,500 gallons per day. These enterprises may include public lodging (including motels, hotels, and bed and breakfast establishments), rentals (apartments, duplexes, or houses), small restaurants, stores, or taverns. The DEPARTMENT may adjust interest rates to below 2.3 percent based on evaluation of the RECIPIENT's total portfolio of local on -site sewage system loans issued to homeowners and small commercial enterprises. The following is the Revolving Fund interest rate schedule for loans targeted to homeowners at three levels of county median household income: Revolving fund Adjustable Interest Rate Schedule County Median Household Income* 5-Year Term 20-Year Term Above 80% 1.14% 2.3 % 50 — 80% 0.6% 1.14% Below 50% 0% 0.6% The following is the Revolving Fund interest rate schedule for loans targeted to small commercial enterprises at three levels of annual gross revenue: Revolving Fund Adjustable Interest Rate Schedule Small Commercial Enterprise Annual Gross Revenue 5-Year Term 20-Year Term Above $100,000 1.14% 2.3 % $50,000 - $100,000 0.6% 1.14% Below $50,000 0% 0.6% In order for a small commercial enterprise to be considered for extreme hardship, the business must provide documentation to substantiate that annual gross revenue is less than $100,000. The RECIPIENT agrees to submit a final compilation of the local loans provided to homeowners and small commercial enterprises throughout the duration of the PROJECT. The list will include information provided by the RECIPIENT regarding the number and final dollar amounts of loans funded in the following respective homeowner income and small commercial enterprise revenue levels: Packet Page 141 of 340 Page 16 of ATTACHMENT 4 • County Median Household Income ■ Above 80 % ■ 50to80% ■ Below 50 % • Small Commercial Enterprise Annual Gross Revenue ■ Above $100,000 ■ $50,000 to $100,000 ■ Below $50,000 TERMINATION AND DEFAULT; REMEDIES A. Termination and Default Events For Insufficient DEPARTMENT or RECIPIENT Funds. This LOAN agreement may be terminated by the DEPARTMENT for insufficient DEPARTMENT or RECIPIENT funds. 2. For Failure to Commence Work. This LOAN agreement may be terminated by the DEPARTMENT for failure of the RECIPIENT to commence PROJECT work. 3. Past Due Payments. The RECIPIENT will be in default of its obligations under this LOAN agreement when any LOAN repayment becomes 60 days past due. 4. Other Cause. The obligation of the DEPARTMENT to the RECIPIENT is contingent upon satisfactory performance in full by the RECIPIENT of all of its obligations under this LOAN agreement. The RECIPIENT will be in default of its obligations under this LOAN agreement if, in the opinion of the DEPARTMENT, the RECIPIENT has unjustifiably failed to perform any obligation required of it by this LOAN agreement. B. Procedures for Termination If this LOAN agreement is terminated prior to PROJECT completion, the DEPARTMENT will provide to the RECIPIENT a written notice of termination at least five working days prior to the effective date of termination (the "Termination Date"). The written notice of termination by the DEPARTMENT will specify the Termination Date and, when applicable, the date by which the RECIPIENT must repay any outstanding balance of the LOAN and all accrued interest (the "Termination Payment Date"). C. Termination and Default Remedies 1. No Further Payments. On and after the Termination Date, or in the event of a default event, the DEPARTMENT may, in its sole discretion, withdraw the LOAN and make no further payments under this LOAN agreement. 2. Repayment Demand. In response to a DEPARTMENT initiated termination event, or in response to a LOAN default event, the DEPARTMENT may in its sole discretion demand that the RECIPIENT repay the outstanding balance of the LOAN Amount and all accrued interest. 3. Interest after Repayment Demand. From the time that the DEPARTMENT demands repayment of funds, amounts owed by the RECIPIENT to the DEPARTMENT will accrue additional interest at the rate of one percent per month, or fraction thereof. 4. Accelerate Repayments. In the event of a default, the DEPARTMENT may in its sole discretion declare the principal of and interest on the LOAN immediately due and payable, subject to the prior lien and charge of any outstanding Senior Lien Obligations upon the Net Revenue. Repayments not made immediately upon such acceleration will incur Late Charges. 5. Late Charges. All amounts due to the DEPARTMENT and not paid by the RECIPIENT by the Termination Payment Date or after acceleration following a default event, as applicable, Packet Page 142 of 340 Page 17 of ATTACHMENT 4 will incur Late Charges. 6. Intercept State Funds. In the event of a default event and in accordance with RCW 90.50A.060, "Defaults," any state funds otherwise due to the RECIPIENT may, in the DEPARTMENT's sole discretion, be withheld and applied to the repayment of the LOAN. 7. Property to DEPARTMENT. In the event of a default event and at the option of the DEPARTMENT, any property (equipment and land) acquired under this LOAN agreement may, in the DEPARTMENT's sole discretion, become the DEPARTMENT's property. In that circumstance, the RECIPIENT's liability to repay money will be reduced by an amount reflecting the fair value of such property. Documents and Materials. If this LOAN agreement is terminated, all finished or unfinished documents, data studies, surveys, drawings, maps, models, photographs, and reports or other materials prepared by the RECIPIENT will, at the option of the DEPARTMENT, become DEPARTMENT property. The RECIPIENT will be entitled to receive just and equitable compensation for any satisfactory work completed on such documents and other materials. 9. Collection and Enforcement Actions. In the event of a default event, the state of Washington reserves the right to take any actions it deems necessary to collect the amounts due, or to become due, or to enforce the performance and observance of any obligation by the RECIPIENT, under this LOAN agreement. 10. Fees and Expenses. In any action to enforce the provisions of this LOAN agreement, reasonable fees and expenses of attorneys and other reasonable expenses (including, without limitation, the reasonably allocated costs of legal staff) will be awarded to the prevailing party as that term is defined in RCW 4.84.330, "Actions on contract or lease ...—Waiver prohibited." 11. Damages. Notwithstanding the DEPARTMENT's exercise of any or all of the termination or default remedies provided in this LOAN agreement, the RECIPIENT will not be relieved of any liability to the DEPARTMENT for damages sustained by the DEPARTMENT and/or the state of Washington because of any breach of this LOAN agreement by the RECIPIENT. The DEPARTMENT may withhold payments for the purpose of setoff until such time as the exact amount of damages due the DEPARTMENT from the RECIPIENT is determined. WATER QUALITY MONITORING Quality Assurance Project Plan QAPPJ. Prior to initiating water quality monitoring activities, the RECIPIENT must prepare a Quality Assurance Project Plan (QAPP). The QAPP must follow Ecology's Guidelines for Preparing Quality Assurance Project Plans for Environmental Studies (Guidelines), July 2004 (Ecology Publication No. 04-03-030). The applicant may also reference the Technical Guidance for Assessing the Quality of Aquatic Environments, revised February 1994 (Ecology Publication No. 91-78) or more current revision, in developing the QAPR The RECIPIENT must submit the QAPP to the DEPARTMENT's Project Manager for review, comment, and must be approved before starting the environmental monitoring activities. The RECIPIENT must use an environmental laboratory accredited by Ecology to analyze water samples for all parameters to be analyzed that require bench testing. Information on currently accredited laboratories and the accreditation process is provided on the Department of Ecology's Environmental Assessment Program's website. The RECIPIENT should manage all monitoring data collected or acquired under this agreement in order to be available to secondary users and meet the "ten-year rule." The ten-year rule means that Packet Page 143 of 340 Page 18 of ATTACHMENT 4 data documentation is sufficient to allow an individual not directly familiar with the specific monitoring effort to understand the purpose of the data set, methods used, results obtained, and quality assurance measures taken ten years after data are collected. Monitoring Data Submittal/Environmental Information Management System. Funding RECIPIENTS that collect water quality monitoring data must submit all data to the DEPARTMENT through the Environmental Information Management System (EIM). Data must be submitted by following instructions on the EIM website. The data submittal portion of the EIM website provides information and help on formats and requirements for submitting tabular data. Specific questions about data submittal may be directed to the EIM Data Coordinator. If GIS data is collected, DEPARTMENT data standards are encouraged. Common standards must be used for infrastructure details, such as geographic names, Geographic Information System (GIS) coverage, list of methods, and reference tables. Packet Page 144 of 340 Page 19 of ATTACHMENT 4 ATTACHMENT 5: AGREEMENT DEFINITIONS Unless otherwise provided, the following terms will have the respective meanings for all purposes of this LOAN agreement: "Administrative Requirements" means the effective edition of DEPARTMENT's ADMINISTRATIVE REQUIREMENTS FOR ECOLOGY GRANTS AND LOANS at the signing of this LOAN. "Annual Debt Service" for any calendar year means for any applicable bonds or loans including the LOAN, all interest plus all principal due on such bonds or loans in such year. "Average Annual Debt Service" means, at the time of calculation, the sum of the Annual Debt Service for the remaining years of the LOAN to the last scheduled maturity of the LOAN divided by the number of those years. "Contract Documents" means the contract between the RECIPIENT and the construction contractor for construction of the PROJECT. "Cost Effective Analysis" means a comparison of the relative cost -efficiencies of two or more potential ways of solving a water quality problem as described in WAC 173-98-730. "Defease" or "Defeasance" means the setting aside in escrow or other special fund or account of sufficient investments and money dedicated to pay all principal of and interest on all or a portion of an obligation as it comes due. "DEPARTMENT" means the state of Washington, Department of Ecology, or any successor agency or department. "Estimated LOAN Amount" means the initial amount of funds loaned to the RECIPIENT. "Final LOAN Amount" means all principal of and interest on the LOAN from the PROJECT Start Date through the PROJECT Completion Date. "General Obligation Debt" means an obligation of the RECIPIENT secured by annual ad valorem taxes levied by the RECIPIENT and by the full faith, credit, and resources of the RECIPIENT. "General Obligation Payable from Special Assessments Debt" means an obligation of the RECIPIENT secured by a valid general obligation of the Recipient payable from special assessments to be imposed within the constitutional and statutory tax limitations provided by law without a vote of the electors of the RECIPIENT on all of the taxable property within the boundaries of the RECIPIENT. "Gross Revenue" means all of the earnings and revenues received by the RECIPIENT from the maintenance and operation of the Utility and all earnings from the investment of money on deposit in the LOAN Fund, except (i) Utility Local Improvement Districts (ULID) Assessments, (ii) government grants, (iii) RECIPIENT taxes, (iv) principal proceeds of bonds and other obligations, or (v) earnings or proceeds (A) from any investments in a trust, Defeasance, or escrow fund created to Defease or Page 1 of ATTACHMENT 5 Packet Page 145 of 340 refund Utility obligations or (B) in an obligation redemption fund or account other than the LOAN Fund until commingled with other earnings and revenues of the Utility or (C) held in a special account for the purpose of paying a rebate to the United States Government under the Internal Revenue Code. "Guidelines" means the DEPARTMENT'S Funding Guidelines that that correlate to the State Fiscal Year in which the PROJECT is funded. "Initiation of Operation Date" is the actual date the Water Pollution Control Facility financed with proceeds of the LOAN begins to operate for its intended purpose. "LOAN" means the Washington State Water Pollution Control Revolving Fund Loan or Centennial Clean Water Fund (Centennial) Loan made pursuant to this LOAN agreement. "LOAN Amount" means either an Estimated LOAN Amount or a Final LOAN Amount, as applicable. "LOAN Fund" means the special fund of that name created by ordinance or resolution of the RECIPIENT for the repayment of the principal of and interest on the LOAN. "Maintenance and Operation Expense" means all reasonable expenses incurred by the RECIPIENT in causing the Utility to be operated and maintained in good repair, working order, and condition including payments to other parties, but will not include any depreciation or RECIPIENT levied taxes or payments to the RECIPIENT in lieu of taxes. "Net Revenue" means the Gross Revenue less the Maintenance and Operation Expense. "Principal and Interest Account" means, for a LOAN that constitutes Revenue -Secured Debt, the account of that name created in the LOAN Fund to be first used to repay the principal of and interest on the LOAN. "PROJECT" means the PROJECT described in this LOAN agreement. "PROJECT Completion Date" is the date specified in the LOAN agreement as that on which the Scope of Work will be fully completed. "PROJECT Schedule" is that schedule for the PROJECT specified in the LOAN agreement. "Reserve Account" means, for a LOAN that constitutes Revenue -Secured Debt, the account of that name created in the LOAN Fund to secure the payment of the principal of and interest on the LOAN. "Revenue -Secured Debt" means an obligation of the RECIPIENT secured by a pledge of the revenue of a utility and one not a general obligation of the RECIPIENT. "Scope of Work" means the tasks and activities constituting the PROJECT. "Senior Lien Obligations" means all revenue bonds and other obligations of the RECIPIENT outstanding on the date of execution of this LOAN agreement (or subsequently issued on a parity therewith, including refunding obligations) or issued after the date of execution of this LOAN Page 2 of ATTACHMENT 5 Packet Page 146 of 340 agreement having a claim or lien on the Gross Revenue of the Utility prior and superior to the claim or lien of the LOAN, subject only to Maintenance and Operation Expense. "State Water Pollution Control Revolving Fund (Revolving Fund)" means the water pollution control revolving fund established by RCW 90.50A.020. "Termination Date" means the effective date of the DEPARTMENT's termination of the LOAN agreement. "Termination Payment Date" means the date on which the RECIPIENT is required to repay to the DEPARTMENT any outstanding balance of the LOAN and all accrued interest. "Total Eligible PROJECT Cost" means the sum of all costs associated with a water quality project that have been determined to be eligible for DEPARTMENT grant or loan funding. "Total PROJECT Cost" means the sum of all costs associated with a water quality project, including costs that are not eligible for DEPARTMENT grant or loan funding. "ULID" means any utility local improvement district of the RECIPIENT created for the acquisition or construction of additions to and extensions and betterments of the Utility. "ULID Assessments" means all assessments levied and collected in any ULID. Such assessments are pledged to be paid into the LOAN Fund (less any prepaid assessments permitted by law to be paid into a construction fund or account). ULID Assessments will include principal installments and any interest or penalties which may be due. "Utility" means the sewer system, stormwater system, or the combined water and sewer system of the RECIPIENT, the Net Revenue of which is pledged to pay and secure the LOAN. (Revised September 2007) Page 3 of ATTACHMENT 5 Packet Page 147 of 340 ATTACHMENT 6: LOAN GENERAL TERMS AND CONDITIONS PERTAINING TO GRANT AND LOAN AGREEMENTS OF THE DEPARTMENT OF ECOLOGY A. RECIPIENT PERFORMANCE All activities for which grant/loan funds are to be used shall be accomplished by the RECIPIENT and RECIPIENT's employees. The RECIPIENT shall only use contractor/consultant assistance if that has been included in the agreement's final scope of work and budget. B. SUBGRANTEE/CONTRACTOR COMPLIANCE The RECIPIENT must ensure that all subgrantees and contractors comply with the terms and conditions of this agreement. C. THIRD PARTY BENEFICIARY The RECIPIENT shall ensure that in all subcontracts entered into by the RECIPIENT pursuant to this agreement, the state of Washington is named as an express third -party beneficiary of such subcontracts with full rights as such. D. CONTRACTING FOR SERVICES (BIDDING) Contracts for construction, purchase of equipment and professional architectural and engineering services shall be awarded through a competitive process, if required by State law. RECIPIENT shall retain copies of all bids received and contracts awarded, for inspection and use by the DEPARTMENT. E. ASSIGNMENTS No right or claim of the RECIPIENT arising under this agreement shall be transferred or assigned by the RECIPIENT. F. COMPLIANCE WITH ALL LAWS 1. The RECIPIENT shall comply fully with all applicable Federal, State and local laws, orders, regulations and permits. Prior to commencement of any construction, the RECIPIENT shall secure the necessary approvals and permits required by authorities having jurisdiction over the project, provide assurance to the DEPARTMENT that all approvals and permits have been secured, and make copies available to the DEPARTMENT upon request. 2. Discrimination. The DEPARTMENT and the RECIPIENT agree to be bound by all Federal and State laws, regulations, and policies against discrimination. The RECIPIENT further agrees to affirmatively support the program of the Office of Minority and Women's Business Enterprises to the maximum extent possible. If the agreement is federally -funded, the RECIPIENT shall report to the DEPARTMENT the percent of grant/loan funds available to women or minority owned businesses. 3. Wages And Job Safety. The RECIPIENT agrees to comply with all applicable laws, regulations, and policies of the United States and the State of Washington which affect wages and job safety. 4. Industrial Insurance. The RECIPIENT certifies full compliance with all applicable state industrial insurance requirements. If the RECIPIENT fails to comply with such laws, the DEPARTMENT Page 1 of ATTACHMENT 6 Packet Page 148 of 340 shall have the right to immediately terminate this agreement for cause as provided in Section K.1, herein. G. KICKBACKS The RECIPIENT is prohibited from inducing by any means any person employed or otherwise involved in this project to give up any part of the compensation to which he/she is otherwise entitled or, receive any fee, commission or gift in return for award of a subcontract hereunder. H. AUDITS AND INSPECTIONS The RECIPIENT shall maintain complete program and financial records relating to this agreement. Such records shall clearly indicate total receipts and expenditures by fund source and task or object. All grant/loan records shall be kept in a manner which provides an audit trail for all expenditures. All records shall be kept in a common file to facilitate audits and inspections. Engineering documentation and field inspection reports of all construction work accomplished under this agreement shall be maintained by the RECIPIENT. 2. All grant/loan records shall be open for audit or inspection by the DEPARTMENT or by any duly authorized audit representative of the State of Washington for a period of at least three years after the final grant payment/loan repayment or any dispute resolution hereunder. If any such audits identify discrepancies in the financial records, the RECIPIENT shall provide clarification and/or make adjustments accordingly. 3. All work performed under this agreement and any equipment purchased, shall be made available to the DEPARTMENT and to any authorized state, federal or local representative for inspection at any time during the course of this agreement and for at least three years following grant/loan termination or dispute resolution hereunder. 4. RECIPIENT shall meet the provisions in OMB Circular A-133 (Audits of States, Local Governments & Non Profit Organizations), including the compliance Supplement to OMB Circular A-133, if the RECIPIENT expends $500,000 or more in a year in Federal funds. The $500,000 threshold for each year is a cumulative total of all federal funding from all sources. The RECIPIENT must forward a copy of the audit along with the RECIPIENT'S response and the final corrective action plan to the DEPARTMENT within ninety (90) days of the date of the audit report. I. PERFORMANCE REPORTING The RECIPIENT shall submit progress reports to the DEPARTMENT with each payment request or such other schedule as set forth in the Special Conditions. The RECIPIENT shall also report in writing to the DEPARTMENT any problems, delays or adverse conditions which will materially affect their ability to meet project objectives or time schedules. This disclosure shall be accompanied by a statement of the action taken or proposed and any assistance needed from the DEPARTMENT to resolve the situation. Payments may be withheld if required progress reports are not submitted. Quarterly reports shall cover the periods January 1 through March 31, April 1 through June 30, July 1 through September 30, and October 1 through December 31. Reports shall be due within thirty (30) days following the end of the quarter being reported. J. COMPENSATION Method of compensation. Payment shall normally be made on a reimbursable basis as specified in the grant agreement and no more often than once per month. Each request for payment will be submitted by the RECIPIENT on State voucher request forms provided by the DEPARTMENT along with documentation of the expenses. Payments shall be made for each task/phase of the Page 2 of ATTACHMENT 6 Packet Page 149 of 340 project, or portion thereof, as set out in the Scope of Work when completed by the RECIPIENT and approved as satisfactory by the Project Officer. The payment request form and supportive documents must itemize all allowable costs by major elements as described in the Scope of Work. Instructions for submitting the payment requests are found in "Administrative Requirements for RECIPIENTS of Ecology Grants and Loans", part IV, published by the DEPARTMENT. A copy of this document shall be furnished to the RECIPIENT. When payment requests are approved by the DEPARTMENT, payments will be made to the mutually agreed upon designee. Payment requests shall be submitted to the DEPARTMENT and directed to the Project Officer assigned to administer this agreement. 2. Period of Compensation. Payments shall only be made for actions of the RECIPIENT pursuant to the grant/loan agreement and performed after the effective date and prior to the expiration date of this agreement, unless those dates are specifically modified in writing as provided herein. 3. Final Request(s) for Payment. The RECIPIENT should submit final requests for compensation within forty-five (45) days after the expiration date of this agreement and within fifteen (15) days after the end of a fiscal biennium. Failure to comply may result in delayed reimbursement. 4. Performance Guarantee. The DEPARTMENT may withhold an amount not to exceed ten percent (10%) of each reimbursement payment as security for the RECIPIENT' performance. Monies withheld by the DEPARTMENT may be paid to the RECIPIENT when the project(s) described herein, or a portion thereof, have been completed if, in the DEPARTMENT's sole discretion, such payment is reasonable and approved according to this agreement and, as appropriate, upon completion of an audit as specified under section J.5. herein. 5. Unauthorized Expenditures. All payments to the RECIPIENT may be subject to final audit by the DEPARTMENT and any unauthorized expenditure(s) charged to this grant/loan shall be refunded to the DEPARTMENT by the RECIPIENT. 6. Mileage and Per Diem. If mileage and per diem are paid to the employees of the RECIPIENT or other public entities, it shall not exceed the amount allowed under state law for state employees. 7. Overhead Costs. No reimbursement for overhead costs shall be allowed unless provided for in the Scope of Work hereunder. K. TERMINATION 1. For Cause. The obligation of the DEPARTMENT to the RECIPIENT is contingent upon satisfactory performance by the RECIPIENT of all of its obligations under this agreement. In the event the RECIPIENT unjustifiably fails, in the opinion of the DEPARTMENT, to perform any obligation required of it by this agreement, the DEPARTMENT may refuse to pay any further funds there under and/or terminate this agreement by giving written notice of termination. A written notice of termination shall be given at least five working days prior to the effective date of termination. In that event, all finished or unfinished documents, data studies, surveys, drawings, maps, models, photographs, and reports or other materials prepared by the RECIPIENT under this agreement, at the option of the DEPARTMENT, shall become Department property and the RECIPIENT shall be entitled to receive just and equitable compensation for any satisfactory work completed on such documents and other materials. Despite the above, the RECIPIENT shall not be relieved of any liability to the DEPARTMENT for damages sustained by the DEPARTMENT and/or the State of Washington because of any breach of agreement by the RECIPIENT. The DEPARTMENT may withhold payments for the purpose of Page 3 of ATTACHMENT 6 Packet Page 150 of 340 setoff until such time as the exact amount of damages due the DEPARTMENT from the RECIPIENT is determined. 2. Insufficient Funds. The obligation of the DEPARTMENT to make payments is contingent on the availability of state and federal funds through legislative appropriation and state allotment. When this agreement crosses over state fiscal years the obligation of the DEPARTMENT is contingent upon the appropriation of funds during the next fiscal year. The failure to appropriate or allot such funds shall be good cause to terminate this agreement as provided in paragraph K.1 above. When this agreement crosses the RECIPIENT's fiscal year, the obligation of the RECIPIENT to continue or complete the project described herein shall be contingent upon appropriation of funds by the RECIPIENT's governing body; provided, however, that nothing contained herein shall preclude the DEPARTMENT from demanding repayment of ALL funds paid to the RECIPIENT in accordance with Section O herein. 3. Failure to Commence Work. In the event the RECIPIENT fails to commence work on the project funded herein within four months after the effective date of this agreement, or by any date agreed upon in writing for commencement of work, the DEPARTMENT reserves the right to terminate this agreement. L. WAIVER Waiver of any RECIPIENT default is not a waiver of any subsequent default. Waiver of a breach of any provision of this agreement is not a waiver of any subsequent breach and will not be construed as a modification of the terms of this agreement unless stated as such in writing by the authorized representative of the DEPARTMENT. M. PROPERTY RIGHTS Copyrights and Patents. When the RECIPIENT creates any copyrightable materials or invents any patentable property, the RECIPIENT may copyright or patent the same but the DEPARTMENT retains a royalty -free, nonexclusive and irrevocable license to reproduce, publish, recover or otherwise use the material(s) or property and to authorize others to use the same for federal, state or local government purposes. Where federal funding is involved, the federal government may have a proprietary interest in patent rights to any inventions that are developed by the RECIPIENT as provided in 35 U.S.C. 200-212. 2. Publications. When the RECIPIENT or persons employed by the RECIPIENT use or publish information of the DEPARTMENT; present papers, lectures, or seminars involving information supplied by the DEPARTMENT; use logos, reports, maps or other data, in printed reports, signs, brochures, pamphlets, etc., appropriate credit shall be given to the DEPARTMENT. 3. Tangible Property Rights. The DEPARTMENT's current edition of "Administrative Requirements for Recipients of Ecology Grants and Loans", Part V, shall control the use and disposition of all real and personal property purchased wholly or in part with funds furnished by the DEPARTMENT in the absence of state, federal statute(s), regulation(s), or policy(s) to the contrary or upon specific instructions with respect thereto in the Scope of Work. 4. Personal Property Furnished by the DEPARTMENT. When the DEPARTMENT provides personal property directly to the RECIPIENT for use in performance of the project, it shall be returned to the DEPARTMENT prior to final payment by the DEPARTMENT. If said property is lost, stolen or damaged while in the RECIPIENT's possession, the DEPARTMENT shall be reimbursed in cash or by setoff by the RECIPIENT for the fair market value of such property. Page 4 of ATTACHMENT 6 Packet Page 151 of 340 5. Acquisition Projects. The following provisions shall apply if the project covered by this agreement includes funds for the acquisition of land or facilities: a. Prior to disbursement of funds provided for in this agreement, the RECIPIENT shall establish that the cost of land/or facilities is fair and reasonable. b. The RECIPIENT shall provide satisfactory evidence of title or ability to acquire title for each parcel prior to disbursement of funds provided by this agreement. Such evidence may include title insurance policies, Torrens certificates, or abstracts, and attorney's opinions establishing that the land is free from any impediment, lien, or claim which would impair the uses contemplated by this agreement. 6. Conversions. Regardless of the contract termination date shown on the cover sheet, the RECIPIENT shall not at any time convert any equipment, property or facility acquired or developed pursuant to this agreement to uses other than those for which assistance was originally approved without prior written approval of the DEPARTMENT. Such approval may be conditioned upon payment to the DEPARTMENT of that portion of the proceeds of the sale, lease or other conversion or encumbrance which monies granted pursuant to this agreement bear to the total acquisition, purchase or construction costs of such property. N. SUSTAINABLE PRODUCTS In order to sustain Washington's natural resources and ecosystems, the RECIPIENT is encouraged to implement sustainable practices where and when possible. These practices include use of clean energy, and purchase and use of sustainably produced products (e.g., recycled paper). For more information, see http://www.ecy.wa.gov/sustainability/. O. RECOVERY OF PAYMENTS TO RECIPIENT The right of the RECIPIENT to retain monies paid to it as reimbursement payments is contingent upon satisfactory performance of this agreement including the satisfactory completion of the project described in the Scope of Work. In the event the RECIPIENT fails, for any reason, to perform obligations required of it by this agreement, the RECIPIENT may, at the DEPARTMENT's sole discretion, be required to repay to the DEPARTMENT all grant/loan funds disbursed to the RECIPIENT for those parts of the project that are rendered worthless in the opinion of the DEPARTMENT by such failure to perform. Interest shall accrue at the rate of twelve percent (12%) per year from the time the DEPARTMENT demands repayment of funds. If payments have been discontinued by the DEPARTMENT due to insufficient funds as in Section K.2 above, the RECIPIENT shall not be obligated to repay monies which had been paid to the RECIPIENT prior to such termination. Any property acquired under this agreement, at the option of the DEPARTMENT, may become the DEPARTMENT'S property and the RECIPIENT'S liability to repay monies shall be reduced by an amount reflecting the fair value of such property. P. PROJECT APPROVAL The extent and character of all work and services to be performed under this agreement by the RECIPIENT shall be subject to the review and approval of the DEPARTMENT through the Project Officer or other designated official to whom the RECIPIENT shall report and be responsible. In the event there is a dispute with regard to the extent and character of the work to be done, the determination of the Project Officer or other designated official as to the extent and character of the work to be done shall govern. The RECIPIENT shall have the right to appeal decisions as provided for below. Page 5 of ATTACHMENT 6 Packet Page 152 of 340 Q. DISPUTES Except as otherwise provided in this agreement, any dispute concerning a question of fact arising under this agreement which is not disposed of in writing shall be decided by the Project Officer or other designated official who shall provide a written statement of decision to the RECIPIENT. The decision of the Project Officer or other designated official shall be final and conclusive unless, within thirty days from the date of receipt of such statement, the RECIPIENT mails or otherwise furnishes to the Director of the DEPARTMENT a written appeal. In connection with appeal of any proceeding under this clause, the RECIPIENT shall have the opportunity to be heard and to offer evidence in support of this appeal. The decision of the Director or duly authorized representative for the determination of such appeals shall be final and conclusive. Appeals from the Director's determination shall be brought in the Superior Court of Thurston County. Review of the decision of the Director will not be sought before either the Pollution Control Hearings Board or the Shoreline Hearings Board. Pending final decision of dispute hereunder, the RECIPIENT shall proceed diligently with the performance of this agreement and in accordance with the decision rendered. R. CONFLICT OF INTEREST No officer, member, agent, or employee of either party to this agreement who exercises any function or responsibility in the review, approval, or carrying out of this agreement, shall participate in any decision which affects his/her personal interest or the interest of any corporation, partnership or association in which he/she is, directly or indirectly interested; nor shall he/she have any personal or pecuniary interest, direct or indirect, in this agreement or the proceeds thereof. S. INDEMNIFICATION I . The DEPARTMENT shall in no way be held responsible for payment of salaries, consultant's fees, and other costs related to the project described herein, except as provided in the Scope of Work. 2. To the extent that the Constitution and laws of the State of Washington permit, each party shall indemnify and hold the other harmless from and against any liability for any or all injuries to persons or property arising from the negligent act or omission of that party or that party's agents or employees arising out of this agreement. T. GOVERNING LAW This agreement shall be governed by the laws of the State of Washington. U. SEVERABILITY If any provision of this agreement or any provision of any document incorporated by reference shall be held invalid, such invalidity shall not affect the other provisions of this agreement which can be given effect without the invalid provision, and to this end the provisions of this agreement are declared to be severable. V. PRECEDENCE In the event of inconsistency in this agreement, unless otherwise provided herein, the inconsistency shall be resolved by giving precedence in the following order: (a) applicable Federal and State statutes and regulations; (b) Scope of Work; (c) Special Terms and Conditions; (d) Any terms incorporated herein by reference including the "Administrative Requirements for Recipients of Ecology Grants and Loans"; and (e) the General Terms and Conditions. W. SUSPENSION The obligation of the DEPARTMENT to make payments is contingent on the availability of funds. In Page 6 of ATTACHMENT 6 Packet Page 153 of 340 the event funding from state, federal, or other sources is withdrawn, reduced, or limited in any way after the effective date and prior to completion or expiration date of this agreement, the DEPARTMENT may elect to renegotiate the agreement subject to new funding limitations and conditions or terminate the agreement, in whole or part. The DEPARTMENT may also elect to suspend performance of the agreement until such time as the DEPARTMENT determines that the funding insufficiency is resolved in lieu of terminating the agreement. The DEPARTMENT will provide written notice to RECIPIENT if funding is not available. SS-010 Rev. 04/04 Page 7 of ATTACHMENT 6 Packet Page 154 of 340 ATTACHMENT 7: THE FEDERAL FUNDING ACCOUNTABILITY AND TRANSPARENCY ACT (FFATA) & EPA DATA REPORTING SHEET (DATA REPORTING SHEET) Instructions The RECIPIENT is required to complete and submit the Data Reporting Sheet to the DEPARTMENT as ATTACHMENT 7 of this LOAN agreement. The information provided in the Data Reporting Sheet 1) fulfills the FFATA reporting requirements (see FFATA Reporting Requirements, ATTACHMENT 4); and 2) gathers additional information required to be reported to the Environmental Protection Agency (EPA) The RECIPIENT will: 1. Access the Data Reporting Sheet Form on the DEPARTMENT's Water Quality Program financial management website. 2. Fill out the form completely, including compensation information (if all FFATA criteria are met). 3. Print a copy of the completed form. 4. Get the appropriate signature on the form and submit as ATTACHMENT 7 of this LOAN agreement. S. Send the electronic copy to the DEPARTMENT's Project Manager and Financial Manager. Page 1 of ATTACHMENT 7 Packet Page 155 of 340 ATTACHMENT 8: ESTIMATED LOAN REPAYMENT SCHEDULE Page 1 of ATTACHMENT Packet Page 156 of 340 AM-6324 City Council Meeting Meeting Date: 11/19/2013 Time: Consent Submitted For: Phil Williams Department: Committee: Public Works Finance Submitted By: Kody McConnell Type: Action Information Subiect Title Authorization for Mayor to Sign HGAC Interlocal Contract for Cooperative Purchasing Agreement Recommendation It is recommended that City Council authorize the Mayor to sign the Interlocal Contract for Cooperative Purchasing. Previous Council Action None. Narrative The HGAC Cooperative Purchasing Program is a nationwide, government -to -government cooperative purchasing program that for more than thirty-six (36) years has been helping government entities and non -profits purchase products and services needed by their organizations through a complete competitive bid/proposal process as required by law. The program is dedicated and committed to providing end users with a service that allows for the purchase of products and services without having to bid it themselves. No annual renewal actions are required and the contract covers all departments within the municipality. It is activated only by the issuance of purchase orders. There is no cost of membership. Attachments Resolution ILA HGAC Attachment 1 - Interlocal Cooperative Purchasing Agreement HGAC Inbox City Clerk Mayor Finalize for Agenda Form Started By: Kody McConnell Final Approval Date: 11/14/2013 Form Review Reviewed By Date Scott Passey 11/14/2013 09:39 AM Dave Earling 11/14/2013 09:52 AM Scott Passey 11/14/2013 09:55 AM Started On: 11/13/2013 03:29 PM Packet Page 157 of 340 RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EDMONDS, WASHINGTON, AUTHORIZING THE MAYOR TO SIGN AN INTERLOCAL CONTRACT FOR COOPERATIVE PURCHASING WITH THE HOUSTON-GALVESTON AREA COUNCIL WHEREAS, the Interlocal Cooperation Act, as amended, and codified in Chapter 39.34 of the Revised Code of Washington provided for interlocal cooperation between government agencies; and WHEREAS, the parties desire to utilize each other's procurement agreements when it is in their mutual interest; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF EDMONDS, WASHINGTON HEREBY RESOLVES AS FOLLOWS: Section 1 The City Council hereby authorizes by resolution the Mayor to sign an interlocal contract for cooperative purchasing with the Houston -Galveston Area Council. RESOLVED this 19th day of November, 2013. MAYOR, DAVE O. ARLNG ATTEST/AUTHENTICATED : CITY CLERK, SCOTT PASSEY FILED WITH THE CITY CLERK: PASSED BY THE CITY COUNCIL: RESOLUTION NO. APPROVED AS TO FORM: City Attorney Packet Page 158 of 340 VqA;PYY INTERLOCAL CONTRACT FOR COOPERATIVE PURCHASING ILC S cf w 5 a No.. Permanent Number assigned by H-GAC THIS INTERLOCAL CONTRACT ("Contract"), made and entered into pursuant to the Texas Interlocal Cooperation Act,Chapter 791, Texas Government Code (the "Act"), by and between the Houston -Galveston Area Council, hereinafter referred to as "H-GAC," having its principal place of business at 3555 Timmons Lane, Suite 120, Houston, Texas 77027, and * City of Edmonds a local government, a state agency, or a non-profit corporation created and operated to provide one or more governmental functions and services, hereinafter referred to as "End User," having its principal place of business at *12.9-5ti.-Aye_bLF_d_monds 1L�I Q$�2Q WITNESSETH WHEREAS, H-GAC is a regional planning commission and political subdivision of the State of Texas operating under Chapter 391, Texas Local Government Code; and WHEREAS, pursuant to the Act, H-GAC is authorized to contract with eligible entities to perform governmental functions and services, including the purchase of goods and services; and WHEREAS, in reliance on such authority, H -GAC has instituted a cooperative purchasing program under which it contracts with eligible entities under the Act; and WHEREAS, End User has represented that it is an eligible entity under the Act, that its governing body has authorized this Contract on * Mar 15, 2012 (Date), and that it desires to contract with H-GAC on the terms set forth below. NOW, THEREFORE, H-GAC and the End User do hereby agree as follows: ARTICLE 1: LEGAL AUTHORITY The End User represents and warrants to H-GAC that (1) it is eligible to contract with H GAC under the Act because it is one of the following: a local government, as defined in the Act (a county, a municipality, a special district, or other political subdivision of the State of Texas or any other state), or a combination of two or morcof those entities, a state agency (an agency of the State of Texas as defined in Section 771,002 of the Texas Government Code, or a similar agency of another state), or a non-profit corporation created and operated to provide one or more governmental functions and services, and (2) it possesses adequate legal authority to enter into this Contract. ARTICLE 2: APPLICABLE LAWS H-GAC and the End User agree to conduct all activitiesunder this Contract in accordance with all applicable rules, regulations,and ordinances and laws in effect or promulgated during the tern of this Contract. ARTICLE 3: WHOLE AGREEMENT This Contract and any attachments, as provided herein, constitute the complete contract between the parties hereto, and supersede any and all oral and written agreements between the parties relating to matters herein. ARTICLE 4: PERFORMANCE PERIOD The period of this Contract shall be for the balance of the fiscal year of the End User, which began * Jan 01, 2012 and ends* Dec 31, 2012 . This Contract shall thereafter automatically be renewed annually for each succeeding fiscal year, provided that such renewal shall not have the effect of extending the period in which the End User nnay make any payment due an H- GAC contractor beyond the fiscal year in which such obligation was incurred under this Contract. ARTICLE 5: SCOPE OF SERVICES The End User appoints H-GAC its true and lawful purchasing agent for the purchase of certain products and services through the H- GAC Cooperative Purchasing Program. End User will access the Program through HGACBu, .corn and by submission of any duly executed purchase order, in the form prescribed by H-GAC to a contractor having a valid contract with H-GAC. All purchases hereunder shall be in accordance with specifications and contract terns and pricing established by H-GAC. Ownership (title) to products purchased flu-ough H-GAC shall transfer directly from the contractor to the End User. (over) Packet Page 159 of 340 ARTICLE 6: PAYMENTS H-GAC will confirm each order and issue notice to contractor to proceed. Upon delivery of goods or services purchased, and presentation of a properly documented invoice, the End User shall promptly, and in any case within thirty (30) days, pay H-GAC's contractor the full amount of the invoice. All payments for goods or services will be made from current revenues available to the paying party. In no event shall H GAC have any financial liability to the End User for any goods or services End User procures from an H- GAC contractor. ARTICLE 7: CHANGES AND AMENDMENTS This Contract may be amended only by a written amendment executed by both parties, except that any alterations, additions, or deletions to the terms of this Contract which are required by changes in Federal and State law or regulations are automatically incorporated into this Contract without written amendtnent hereto and shall become effective on the date designated by such law or regulation. H-GAC reserves the right to make changes in the scope of products and services offered through the H-GAC Cooperative Purchasing Program to be perfonned hereunder, ARTICLE 8: TERMINATION PROCED13RES H-GAC or the End User may cancel this Contract at any time upon thirty (30) days written notice by certified mail to the other party to this Contract. The obligations of the End User, including its obligation to pay H-GACs contractor for all costs incurred under this Contract prior to such notice shall survive such cancellation, as well as any other obligation incurred under this Contract, until performed or discharged by the End User. ARTICLE 9: SEVERABILITY All parties agree that should any provision of this Contract be determined to be invalid or unenforceable, such determination shall not affect any other term of this Contract, which shall continue in full force and effect. ARTICLE 10: FORCE MAJEURE To the extent that either party to this Contract shall be wholly or partially prevented from the perfonnance within the term specified of any obligation or duty placed on such party by reason of or through strikes, stoppage of labor, riot, fire, Flood, acts of war, insurrection, accident, order of any court, act of God, or specific cause reasonably beyond the party' s control and not attributable to its neglect or nonfeasance, in such event, the time for the performance of such obligation or duty shall be suspended until such disability to perform is removed; provided, however, force majeure shall not excuse an obligaion solely to pay funds. Determination of force majeure shall rest solely with H-GAC. ARTICLE 11: VENUE Disputes between procuring party and Vendor are to be resolved in accord with the law and venue rules of the State of purchase. THIS INSTRUMENT HAS BEEN EXECUTED IN TWO ORIGINALS BY THE PARTIES HERETO AS FOLLOWS: * City Of Edmonds Name of End User (local government, agency, or non-profit corporation) * 121 5th Ave N Mailing Address * Edmonds WA 98020 City State ZIP Code *Uy: Signature of chief elected or appointed official * Typed Name & Title of Signatory Date Houston -Galveston Area Council 3555 Timmons Lanr, to 120, Houston, TX 77027 Isy• Executive Director eitlCsr• - Manngur Date: *Denotes required fields rev. 03/11 Packet Page 160 of 340 AM-6326 City Council Meeting Meeting Date: 11/19/2013 Time: Consent Submitted For: Dave Earling Department: Mayor's Office Review Committee: Type: Action Information Submitted By: Committee Action: 3. J. Carolyn LaFave Subject Title Approval of Edmonds businesses applying for renewal of their Washington State Liquor Control Board liquor license for the months of October and November 2013. Recommendation Please approve the list of Edmonds businesses applying for renewal of their WSLCB liquor licenses for the months of October and November 2013. Previous Council Action Narrative The City Clerk's Office, the Police Department, and the Mayor's Office have reviewed the attached lists and have no concerns with the Washington State Liquor Control Board renewing the liquor licenses for the listed businesses. WSLCB Oct13 WSLCB Nov13 Inbox City Clerk Mayor Finalize for Agenda Form Started By: Carolyn LaFave Final Approval Date: 11/14/2013 AttarhmPntc Form Review Reviewed By Date Scott Passey 11/14/2013 09:32 AM Dave Earling 11/14/2013 09:38 AM Scott Passey 11/14/2013 09:39 AM Started On: 11/14/2013 09:25 AM Packet Page 161 of 340 Washington State - Liquor Control Board PO Box 43098, 3000 Pacific Ave. SE, Olympia WA 98504-3098, (360) 664-1600 RECEIVED OCT 1 1 2013 OFFICE OF THE MAYOR MAYOR OF EDMONDS 121 5TH AVE NORTH EDMONDS, WA 98020 0 v c7 0 N N 0_ N Y U d Washington State Liquor Control Board PO Box 43098, 3000 Pacific Ave. SE, Olympia WA 98504-3098, (360) 664.1600 www.liq.wa.gov Fax 9: (360) 753-2710 October 06, 2013 Dear Local Authority: RE: Liquor License Renewal Applications in Your Jurisdiction - Your Objection Opportunity Enclosed please find a list of liquor -licensed premises in your jurisdiction whose liquor licenses will expire in about 90 days. This is your opportunity to object to these license renewal requests as authorized by RCW 66.24.010 (8). 1) Objection to License Renewal To object to a liquor license renewal: fax or mail a letter to the Washington State Liquor Control Board (WSLCB) Licensing Division. This letter must: o Detail the reason(s) for your objection, including a statement of all the facts upon which your objection or objections are based. You may include attachments and supporting documents which contain or confirm the facts upon which your objections are based. o Please note that whether a hearing will be granted or not is within the Board's discretion per RCW 66.24.010 (8)(d). Your letter or fax of objection must be received by the Board's Licensing Division at least 30 days prior to the license expiration date. If you need additional time you must ro Uest that in writing. Please be aware, however, that it is Within the Board's discretion to grant or deny any requests for extension of time to submit objections. Your request for extension will be granted or denied in writing. If objections are not timely received, they will not be considered as part of the renewal process. A copy of your objection and any attachments and supporting materials will be made available to the licensee, therefore, it is the Local Authority's responsibility to redact any confidential or non-disclosable information (see RCW 42.56) prior to submission to the WSLCB. 2) Status of License While Objection Pending During the time an objection to a renewal is pending, the permanent liquor license is placed on hold. However, temporary licenses are regularly issued to the licensee until a final decision is made by the Board. 3) Procedure Following Licensing Division Receipt of Objection After we receive your objection, our licensing staff will prepare a report for review by the Licensing Director. The report will include your letter of objection, as well as any attachments and supporting documents you send. The Licensing Director will then decide to renew the liquor license, or to proceed with non -renewal. 4) Procedure if Board Does Not Renew License If the Board decides not to renew a license, we will notify the licensee in writing, stating the reason for this decision. The licensee also has the right to request a hearing to contest non -renewal of their liquor license. RCW 66.24.010 (8)(d). If the licensee makes a timely request for a hearing, we will notify you. The Board's Licensing Division will be required to present evidence at the hearing before an administrative law judge to support the non -renewal recommendation. You may present evidence in support of your objection or objections. The administrative law judge will consider all of the evidence and issue an initial order for the Board's review. The Board members have final authority to renew the liquor license and will enter a final order announcing their decision. 5) Procedure if Board Renews License Over Your Objection If the Board decides to renew the license over your objection, you will be notified in writing. At that time, you may be given an opportunity to request a hearing. An opportunity for a hearing is offered at the Board's discretion. If a hearing is held, you will be responsible for presenting evidence before an Administrative Law Judge in support of your objection to license renewal. The Board's Licensing Division will present evidence in support of license renewal. The Licensee may also participate and present evidence if the licensee desires. The administrative law judge will consider all of the evidence, and issue an initial order for the Board's review. The Board members have final authority to renew the liquor license and will enter a final order announcing their decision. For questions about this process, contact the WSLCB Licensing Division at (360) 664-1600 or email us at wslcb@liq.wa.gov. Sincerely, Atan E. Rathbun Alan E. Rathbun, Director, Licensing and Regulation Division LIO 664 07110 C091080-2 WASHINGTON STATE LIQUOR CONTROL BOARD DATE: 10/06/2013 LICENSED ESTABLISHMENTS IN INCORPORATED AREAS CITY OF EDMONDS (BY ZIP CODE) FOR EXPIRATION DATE OF 20140131 LICENSE LICENSEE BUSINESS NAME AND ADDRESS NUMBER PRIVILEGES 1. ARNIE'S RESTAURANTS NORTHWEST, ARNIE'S AT THE LANDING 365533 SPIRITS/BR/WN REST LOUNGE + 300 ADMIRAL WAY EDMONDS WA 98020 0000 CATERING 2 . PATTHANA CO., LLC THAI COTTAGE RESTAURANT 352530 BEER/WINE REST - BEER/WINE 417 MAIN ST EDMONDS WA 98020 0000 3 . JLM, INC. THE CHANNEL MARKER 401279 SPIRITS/BR/WN REST LOUNGE - 170 SUNSET AVE S EDMONDS WA 98020 3140 4 . KOVACH, TIMOTHY A MILLTOWN LOUNGE 406712 SPIRITS/BR/WN REST LOUNGE + 203 5TH AVE S # 4 EDMONDS WA 98020 3424 5 . THE BARTELL DRUG COMPANY BARTELL DRUG COMPANY # 58 406477 GROCERY STORE - BEER/WINE 23028 100TH AVE W SPIRITS RETAILER EDMONDS WA 98020 5080 6 . CARAVAN KEBAB LLC POMEGRANAT 084944 SEER/WINE REST - BEER/WINE 9711 FIRDALE AVE EDMONDS WA 98020 6520 7 . JBR CORP. EDMONDS TEXACO & CARWASH 082785 GROCERY STORE - BEER/WINE 21412 HWY 99 EDMONDS WA 98026 0000 8 . HAGGEN, INC. TOP FOOD & DRUG #45 077458 SPIRITS RETAILER 21900 HWY 99 EDMONDS WA 98026 8038 O V M w O N O) @ a U ` a C091080-2 WASHINGTON STATE LIQUOR CONTROL BOARD DATE: 10/06/2013 LICENSED ESTABLISHMENTS IN INCORPORATED AREAS CITY OF EDMONDS (BY ZIP CODE) FOR EXPIRATION DATE OF 20140131 LICENSE LICENSEE BUSINESS NAME AND ADDRESS NUMBER PRIVILEGES 9 HAN AND BAE CORPORATION BCD TOFU HOUSE 087337 BEER/WINE REST - BEER/WINE 22511 HWY 99 # 102 EDMONDS WA 98026 8398 10 . IMLAND, LLC. BCD SUN & MOON CAFE 082584 SPIRITS/BR/WN REST SERVICE BAR 22929 HIGHWAY 99 A G-1 EDMONDS WA 98026 8468 Washington State - Liquor Control Board PO Box 43098, 3000 Pacific Ave. SE, Olympia WA 98504-3098, (360) 664-1600 RECEIVED NOV 0 7 2013 OFFICE OF THE MAYOR MAYOR OF EDMONDS 121 5TH AVE NORTH EDMONDS. WA 98020 Washington State - Liquor Control Board PO Box 43098, 3000 Pacific Ave. SE, Olympia WA 98504-3098, (360) 664-1600 www.liq.wa.gov Fax #: (360) 753-2710 November 07, 2013 Dear Local Authority: RE: Liquor License Renewal Applications in Your Jurisdiction - Your Objection Opportunity Enclosed please find a list of liquor -licensed premises in your jurisdiction whose liquor licenses will expire in about 90 days. This is your opportunity to object to these license renewal requests as authorized by RCW 66.24.010 (8). 1) Objection to License Renewal To object to a liquor license renewal: fax or mail a letter to the Washington State Liquor Control Board (WSLCB) Licensing Division. This letter must: o Detail the reason(s) for your objection, including a statement of all the facts upon which your objection or objections are based. You may include attachments and supporting documents which contain or confirm the facts upon which your objections are based. o Please note that whether a hearing will be granted or not is within the Board's discretion per RCW 66.24.010 (8)(d). Your letter or fax of objection must be received by the Board's Licensing Division at least 30 dsy_s prior to the license expiration date. If you needadditional time ou must re uest that io writin Please be aware, however, that it is within the Board's discretion to grant or deny any requests for extension of time to submit objections. Your request for extension will be granted or denied in writing. If objections are not timely received, they will not be considered as part of the renewal process. A copy of your objection and any attachments and supporting materials will be made available to the licensee, therefore, it is the Local Authority's responsibility to redact any confidential or non-disclosable information (see RCW 42.56) prior to submission to the WSLCB. 2) Status of License While Objection Pending During the time an objection to a renewal is pending, the permanent liquor license is placed on hold. However, temporary licenses are regularly issued to the licensee until a final decision is made by the Board. 3) Procedure Following Licensing Division Receipt of Objection After we receive your objection, our licensing staff will prepare a report for review by the Licensing Director. The report will include your letter of objection, as well as any attachments and supporting documents you send. The Licensing Director will then decide to renew the liquor license, or to proceed with non -renewal. 4) Procedure if Board Does Not Renew License If the Board decides not to renew a license, we will notify the licensee in writing, stating the reason for this decision. Tho licensee also has the right to request a hearing to contest non -renewal of their liquor license. RCW 66.24,010 (8)(d). If the licensee makes a timely request for a hearing, we will notify you. The Board's Licensing Division will be required to present evidence at the hearing before an administrative law judge to support the non -renewal recommendation. You may present evidence in support of your objection or objections. The administrative law judge will consider all of the evidence and issue an initial order for the Board's review. The Board members have final authority to renew the liquor license and will enter a final order announcing their decision. 5) Procedure if Board Renews License Over Your Objection If the Board decides to renew the license over your objection, you will be notified in writing. At that time, you may be given an opportunity to request a hearing. An opportunity for a hearing is offered at the Board's discretion. If a hearing is held, you will be responsible for presenting evidence before an Administrative Law Judge in support of your objection to license renewal. The Board's Licensing Division will present evidence in support of license renewal. The Licensee may also participate and present evidence if the licensee desires. The administrative law judge will consider all of the evidence, and issue an initial order for the Board's review. The Board members have final authority to renew the liquor license and will enter a final order announcing their decision. For questions about this process, contact the WSLCB Licensing Division at (360) 664-1600 or email us at wslcb@liq.wa.gov. Sincerely, AP -an E. Rathbun Alan E. Rathbun, Director, Licensing and Regulation Division LIO 864 07110 C ,It c7 0 rn m D_ Y U D- C091080-2 WASHINGTON STATE LIQUOR CONTROL BOARD DATE: 11/07/2013 LICENSED ESTABLISHMENTS IN INCORPORATED AREAS CITY OF EDMONDS (BY ZIP CODE) FOR EXPIRATION DATE OF 20140228 LICENSE LICENSEE BUSINESS NAME AND ADDRESS NUMBER PRIVILEGES 1 . BHM CORPORATION FAMILY PANCAKE HOUSE A5 073192 BEER/WINE REST — BEER/WINE 23725 HWY 99 EDMONDS WA 98020 0000 2 . STRATUS LLC KEBELLA'S PIZZA & PASTA 356355 BEER/WINE REST — BEER/WINE 630 EDMONDS WAY EDMONDS WA 98020 0000 3 . MVP'S LLC MVP'S 082771 SPIRITS/BR/WN REST LOUNGE — 22921 HWY 99 STE K EDMONDS WA 98020 0000 4 . DAPHNES CAFE INC. DAPHNES CAFE 401671 SPIRITS/BR/WN REST LOUNGE — 415 1/2 MAIN ST EDMONDS WA 98020 3137 5 . OLLILA GROUP, INC. LA GALLERIA 073514 SPIRITS/BR/WN REST SERVICE BAR • 546 5TH AVE S EDMONDS WA 98020 3403 6 . RED TWIG, LLC RED TWIG BAKERY CAFE 086446 BEER/WINE REST — BEER/WINE 117 5TH AVE S EDMONDS WA 98020 3423 7 . RESIDENT CHEESEMONGER, LLC CHEESEMONGER'S TABLE 409214 BEER/WINE REST — BEER/WINE 203 5TH AVE S STE 1 EDMONDS WA 98020 3638 OFF PREMISES 8 . ABRAHAM PHILIMON ABLE, INC STAR MINI MART & DELI 364931 GROCERY STORE — BEER/WINE 7533 OLYMPIC VIEW DR STE A EDMONDS WA 98026 5524 C091080-2 WASHINGTON STATE LIQUOR CONTROL BOARD DATE: 11/07/2013 LICENSED ESTABLISHMENTS IN INCORPORATED AREAS CITY OF EDMONDS (BY ZIP CODE) FOR EXPIRATION DATE OF 20140228 LICENSE LICENSEE BUSINESS NAME AND ADDRESS NUMBER PRIVILEGES 9 _ CORNER COFFEE BAR & CAFE, INC. CORNER COFFEE BAR & CAFE 088870 BEER/WINE REST - BEER/WINE 18401 76TH AVE W # 103 OFF PREMISES EDMONDS WA 98026 5826 10 . BOO HAN MARKET III, LLC BOO HAN ORIENTAL MARKET 082426 GROCERY STORE - BEER/WINE 22618 HWY 99 EDMONDS WA 98026 8395 O V cM O r N m D_ N Y U d AM-6314 City Council Meeting Meeting Date: 11/19/2013 Time: Consent Submitted For: Council President Petso Department: City Council Committee: Submitted By: Jana Spellman Type: Action Information Subiect Title 2014 Employment Agreement for Executive Assistant to City Council Recommendation Council President Petso is in agreement with updates and recommends that it be approved. Previous Council Action 11/12/13 Finance and Public Safety/Personnel Committee: Action: Schedule on Consent Agenda Narrative 3. K. This agreement was brought before both the Finance and Public Safety/Personnel Committee. Both Committees agreed that this employment agreement be put on this Consent Agenda for approval. Attachments Attach 1 - 2014 DRAFT Employment Agreement Exec Asst to Edmonds City Council Attach 2 -2014 Executive Assistant to Council Duties Inbox City Clerk Mayor Finalize for Agenda Form Started By: Jana Spellman Final Approval Date: 11/14/2013 Form Review Reviewed By Date Scott Passey 11/14/2013 10:27 AM Dave Earling 11/14/2013 10:34 AM Scott Passey 11/14/2013 10:45 AM Started On: 11/13/2013 11:25 AM Packet Page 172 of 340 EMPLOYMENT AGREEMENT ADMINISTRATIVE ASSISTANT TO CITY COUNCIL WHEREAS, the City Council of the City of Edmonds, Washington (hereinafter "City Council") utilizes the services of an Administrative Assistant to perform a variety of confidential tasks related to its legislative functions; and WHEREAS, the Mayor of the City of Edmonds is by state statute the chief administrative officer of the City, invested with the power to hire and fire employees and to direct their day-to-day activities; and WHEREAS, in the interest of fostering an appropriate working relationship between the Administrative Assistant and the City Council, the Mayor wishes to delegate the day-to-day responsibility for the direction of said person to the City Council's President; and WHEREAS, the City Council and Mayor wish to fill the position of Administrative Assistant with an employee, specifically answerable to the Council, under specific, limited terms and conditions governed by the provisions of this employment agreement and not subject to the general personnel policies of this City; NOW, THEREFORE, the City of Edmonds, Washington, acting by and through its Mayor, and Jana Spellman (hereinafter "Employee"), do hereby enter into this agreement for employment services ("Agreement"). The Employee's employment shall be governed exclusively by the provisions of this Agreement unless otherwise provided herein. Term of Employment: This Agreement will take effect January 1, 2013 and will expire on December 31, 2013, unless extended pursuant to its terms. Thereafter, this Agreement may be extended for an unlimited number of terms of one calendar year duration at the sole discretion of the City Council. The purpose of this term is to permit an annual review of the performance of the Employee by the outgoing City Council President in order that the City Council President may determine whether or not it is appropriate to renew this Agreement for an additional term. It is one of the basic understandings of this Agreement that the Employee will work closely with the City Council President and the City Council. As such, this position shall be one in which the confidence of the City Council President and City Council shall be essential to the proper performance of the Employee's duties. Therefore, the City Council reserves the right not to renew this Agreement, or to terminate this Agreement as herein provided in order to preserve that confidence and a feeling of confidentiality between the City Council President, the City Council and the Employee as Administrative Assistant. Duties: The Employee shall serve as the Administrative Assistant for the City Council. The Employee shall be under the general day-to-day direction of the City Council President and shall provide such assistance as may be necessary to 1 Packet Page 173 of 340 2 individual members of the City Council. In the event of a conflict in such directions, the Employee shall rely upon the direction of the City Council President. A generalized description of the duties of this position is attached hereto as Exhibit A and incorporated herein by this reference. The listing of duties in Exhibit A is intended as a descriptive tool only, and shall not limit the City Council President or City Council to make task assignments; provided, however, that such duties be linked to the City Council President's Office and the legislative function of the City Council and shall, in all respects, be governed by statutory, constitutional and ordinance limitations on the duties of public employees. The Mayor of the City of Edmonds, by his/her signature below, specifically acknowledges that he/she has delegated his/her statutory authority to direct the day-to-day duties of this Employee, and this Employee alone, to the City Council to be exercised by and through the City Council President. This delegation is revocable and shall not be binding on subsequent elected or appointed mayors unless ratified by them. 3. Hours of Work: The employee shall work regular office hours as assigned and directed by the City Council through the City Council President. Such hours may normally be worked between 8:00 a.m. and 5:00 p.m., Monday through Friday, and generally, every Tuesday night until 10:00 p.m. In addition, the Employee may perform assigned work off site. Such hours shall be within prescribed limits and approved by the City Council President. It is anticipated that the Employee shall work up to 20 hours per week. NOTE: The level of the Employee's benefits is based upon a proration of hours worked. This general description of working hours shall not limit the ability of the City Council President to change the working schedule or adjust it from time to time. 4. Wages and Benefits: The wages set forth in Section 4 hereby provides for a base rate of $29.60 per hour. The Employee shall be paid a special hourly wage of $44.40 for hours worked videotaping Edmonds City Council meetings that go beyond 10:OOPM. The City will pay the applicable employer's portion of Medicare, PERS retirement, Municipal Employee Benefit Trust (MEBT), Washington State Industrial Taxes, and such other payments or benefits as may be required under the provisions of state and federal law based upon the number of hours worked. MEBT benefits shall be provided as required by law or by the provisions of a plan document. "Plan Document" shall mean for the purposes of this Agreement the MEBT or other contract, or policy documents which require, by their terms, the participation of all qualified employees. The benefits to be paid to the Employee shall be governed solely by this Agreement. No benefit not specifically addressed or listed herein shall be granted to the Employee. The provisions of this Agreement shall control over any conflicting provision of the City ordinances, City Personnel Policy Manual, any collective bargaining agreement or any other general grant of benefits to City employees. The benefits which the Employee shall receive are limited to the following: 2 Packet Page 174 of 340 3 4.1 Insurance Benefits: The City will allow the Employee to participate in the City's group employee insurance programs listed below. The City will pay the insurance premiums in accordance with the following schedule: INSURANCE BENEFIT/PREMIUM PAID Dental (WDS) family coverage / 45% Vision / 45% Medical / 45% Medicare /As per Federal law Industrial Accident /As per State law Public Employees Retirement /As per State law Unemployment Insurance /As per State law MEBT /As per City ordinance The City will allow the Employee to use payroll deduction (Premium Only Plan) to pay for the Employee's cost of the above -listed insurance benefits. The City's payment is contingent on the Employee's qualification for such insurance program in accordance with Plan Documents and does not constitute an obligation to pay a sum in lieu of insurance or premium. 4.2 Vacation: Annual vacation is earned at the rate of 7 hours per month. Earned vacation can be carried over into the next calendar year, provided the amount carried over does not exceed 168 hours total as of January 1st of any year. Unused, accrued vacation shall be paid upon termination of employment. 4.3 Sick Leave: Sick leave is earned at the rate of 40 hours per year. Earned sick leave can be accumulated up to a maximum of 500 hours. Unused, accrued sick leave shall be forfeited upon termination of employment. 4.4 Holiday Pay: The employee shall receive a pro -rated pay for all holidays during which City offices are closed. 5. Confidentiality: One of the basic purposes of this Agreement is to provide an employee who serves in a confidential capacity to the City Council and its City Council President. The Employee acknowledges that she has been informed of the necessity for confidentiality and understands that she shall report directly to the City Council President any matter which she feels would breach such confidence or confidentiality. In the event of any apparent conflict between the needs of the City Council and that of the City in general, the Employee shall report such matter to the City Council President and rely on his/her direction. In keeping with this confidential relationship, the Administrative Assistant position shall not be a part of a collective bargaining unit or subject to any collective bargaining agreement. 6. Termination of Agreement: The City, by its Mayor and City Council, and the Employee acknowledge that this employment agreement creates an at -will employment relationship which may be terminated any time with or without cause 3 Packet Page 175 of 340 E by either party. This paragraph shall control and supersede any portion of this Agreement that might otherwise be construed as in any way altering the Employee's at -will status. 7. Indemnification: As an employee of the City, the Employee shall have the right to indemnification by and on behalf of the City for actions taken in the scope of her employment in accordance with the provisions of Chapter 2.06 of the Edmonds City Code as same exists or is hereafter amended. B. Entire Written Agreement: This document represents the entire agreement, written or oral, between the parties. No representative or other oral agreement by either party shall survive the execution of this document. This document shall be amended only upon the expressed written agreement of both parties. The City Council President shall confer with the Mayor regarding any change. 9. Severability: The provisions of this Agreement shall be severable. In the event that any provision hereof is held to be void, illegal, or unenforceable, the remaining provisions shall survive, PROVIDED, however, that in the event the provisions of paragraph 5, relating to the exclusion of this position from any collective bargaining unit, or of paragraph 6, relating to this Agreement as one of at -will employment, are/is held to be unenforceable, invalid, or void, this Agreement shall immediately be at an end. DONE THIS day of , 2012. CITY OF EDMONDS: EMPLOYEE: Dave Earling, Mayor Jana Spellman ATTEST/AUTHENTICATED: Sandra S. Chase, City Clerk APPROVED AS TO FORM: Office of the City Attorney M Packet Page 176 of 340 eitp of (ftmonbo CLASS TITLE; SENIOR EXECUTIVE ASSISTANT TO THE CITY COUNCIL BASIC FUNCTION: Under the direction of the President of the City Council, perform responsible and sole administrative and secretarial support for the Council President and City 'Councilmembers; coordinate office functions and serve as liaison between City administrators, Councilmembers and staff; exercise independent judgment and confidentiality in assisting with administrative details requiring considerable knowledge and interpretation of City policies and procedures, REPRESENTATIVE DUTIES: Perform responsible and sole administrative and secretarial support for the Council President and City Councilmembers; coordinate office functions and serve as liaison between City administrators, Councilmembers and staff. E Exercise independent judgment and confidentiality in assisting with administrative details requiring considerable knowledge and interpretation of City policies and procedures. E Oversee and administer day-to-day activities and functions of the City Council's office; exercise independent judgment and initiative in coordinating and performing technical and responsible secretarial functions of the office. E Type letters, memos, correspondence and reports, including information regarding confidential matters as required; respond to requests and inquiries as appropriate; prepare status reports from local area newspapers pertinent to the Council. E Greet visitors to the City Council's office; answer phones, provide routine information and direct to appropriate individual; open (at individual Councilmember's discretion), sort and distribute incoming mail; receive citizen complaints and concerns; resolve complaints or refer situation to appropriate individual. E Research special projects at the request of Councilmembers. E Prepare council budget for approval; monitor and control expenditures and budgets; forecast expenditures and incorporate into the budget; submit budget to Council President for review and amendments. E Prepare payroll records; prepare and submit Council member timesheets; requisitions and purchase orders and order office supplies as needed. E Prepare Council meeting agenda memos; draft resolutions to be presented to Ceuncii; read Council minutes for content and maintain working knowledge of Council meeting; respond to requests of Councilmembers. E Exercise discretion in disseminating information, explaining policies and procedures and speaking as directed for the City Council President and members in personal and telephone contacts and meetings. E Serve as liaison between the President and Council; prepare press releases and submit to the Council President for approval. E . Oversee Student Council Program. E Operate a computer and assigned software systems to maintain records and generate lists, reports and other materials; operate other standard office equipment as assigned. E Organize, attend and record various City Council functions including meetings and retreats; take/transcribe minutes as required, E Perform related duties as assigned. January 1997 Ewing & Company Packet Page 177 of 340 Duties Added in 2000: Videotape Council Meetings Program government access channels Additional Duties Added: Maintain Council Web Pages Maintain Tree Board Web Page Support Tree Board (web page - uploading agenda to agenda quick - waiting for Members to arrive for meetings - posting special meeting notices when necessary, booking room and any subsequent changes in KNOWLEDGE AND ABILITIES. meeting location, securing proper equipment (projector or laptop). KNOWLEDGE OF: Principles, practices and procedures utilized in an administrative office. Office management techniques. City organization, operations, policies and objectives. Applicable sections of City Codes and other applicable laws. Operation of office machines including computer equipment. Basic budget preparation and control techniques. Modern office practices, procedures and equipment. Telephone techniques and etiquette. Record -keeping techniques. Correct English usage, grammar, spelling, punctuation and vocabulary. Oral and written communication skills. Interpersonal skills using tact, patience and courtesy. Working knowledge of video equipment. Maintain video equipment. Working knowledge of Leightronix equipment for Channel 21 C:v ABILITY TO: Perform responsible secretarial and administrative assistance duties in support of the City Council President and members. Exercise independent judgment in assisting the Councilmembers in administrative details, requiring knowledge and interpretation of City policies and procedures. Read, interpret, explain and follow rules, regulations, policies and procedures. Establish and maintain a confidentlaf filing system. Compose effective correspondence independently. Operate a variety of office equipment including a personal computer. Establish and maintain cooperative and effective working relationships with others. Type at an acceptable rate of speed. Determine appropriate action within clearly defined guidelines. Make arithmetic calculations with speed and accuracy. Work independently with little direction. Meet schedules and time lines. Work confidentially with discretion. Communicate effectively both orally and in writing. EDUCATION AND EXPERIENCE: Any combination equivalent to: two years college -level course work in secretarial science or related field and five years increasingly responsible secretarial and administrative support experience. WORKING CONDITIONS: ENVIRONMENT: Office environment. PHYSICAL ABILITIES: Hearing and speaking to exchange information in person and on the telephone. Dexterity of hands and fingers to operate a computer keyboard. Seeing to read a variety of materials. Sitting for extended periods of time. Bending at the waist, kneeling and crouching to retrieve files. January 1997 Ewing & Company Packet Page 178 of 340 AM-6334 City Council Meeting Meeting Date: 11/19/2013 Time: Consent Submitted By: Rob Chave Department: Planning Review Committee: Parks/Planning/Public Works Type: Action "information 3. L. Committee Action: Approve for Consent Agenda Subject Title Authorization of Letter of Support for potential solar grant partnership. Recommendation Authorize the Mayor to send a letter supporting the grant partnership. Previous Council Action The Parks/Planning/Public Works Committee reviewed this item on November 12, 2013, and recommended approval, subject to future Council review of any memorandum of understanding. Narrative The City has been approached by a non-profit organization, NW SEED, to act as a community partner in a grant application to PUD for money to support an initiative in the Edmonds area. NW SEED (Solar Energy for Economic Development) has extensive experience in community -based solar initiatives, and has a record of success with similar initiatives in other communities in King and Snohomish Counties. In the program, NW SEED handles the education and works with the community partner and contractor to guarantee lowered -cost solar installations in a particular neighborhood or community. The community partner helps get the word out to the community. Local residents need not use the contractor offered via the NW SEED program, but the program normally provides information and an incentive to actually undertake a residential solar project. All contracting is done between the actual contractor and the home owner. If the grant application is successful, NW SEED would normally follow up with a memorandum of understanding laying out the program and indicating the City's willingness to participate. Any memorandum of understanding will require review by the City Attorney and approval by the City Council. In any case, the project would not impact the City's budget since no additional City expenditures will be required. The request at this time is to authorize the Mayor to send a letter supporting the program/grant application. Timing is important, since NW SEED's grant application is due to PUD by November 21 st. Attachments Exhibit 1: NW SEED program materials Form Review Packet Page 179 of 340 Inbox Reviewed By City Clerk Scott Passey Mayor Dave Earling Finalize for Agenda Scott Passey Fonn Started By: Rob Chave Final Approval Date: 11/15/2013 Date 11/14/2013 04:31 PM 11/14/2013 05:25 PM 11/15/2013 06:04 AM Started On: 11/14/2013 04:04 PM Packet Page 180 of 340 solarize washington Program Background Local nonprofit Northwest SEED (www.nwseed.org) brought the Solarize program to Washington in 2011. Since then, Northwest SEED has worked with utilities, community groups, and installers around the state to launch 7 successful Solarize campaigns, resulting in more than 350 solar installations and spurring investment of more than $8 million in our local solar economy. Northwest SEED has run campaigns in partnership with both Snohomish PUD and Seattle City Light. Snohomish PUD has recently made new funding available for 1-2 Solarize campaigns in 2014. Key elements of a Solarize campaign include: • Community leadership through grassroots outreach and engagement • Competitively selected contractors with set prices, chosen by the community • Limited time, geographically limited campaigns to motivate neighbors to Solarize together Community Partners • Community groups and city staff collectively organize to host Solarize campaign • Volunteers lead contractor selection and community engagement • Act as "boots on the ground" to spread the word about Solarize Installation Partner • Competitively selected through a community -led RFP process • Selected process driven by volunteers from community hosting campaign • Offers same prices, service, and warrantees to all Solarize participants — plus a group discount! Why Solarize Now? • Federal tax credits, state sales tax credits, the state production incentive, and utility net metering help bring the cost down. However, these programs all have expiration dates, so the sooner you install solar the better. (Details available at www.solarizewa.org) • Banks and credit unions offer low -interest loans to green up your home with solar. • Two companies are making solar panels and equipment right here in Washington, and there are many local installation companies, so these projects can support local jobs and our economy. • Typical payback time for a solar installation is 6-15 years. • There is mounting research that shows solar increases home value and resale price. Participant Process (TBD for potential Edmonds campaign) 1. Register online at www.solarizewa.org/registration (once registration period opens). 2. Attend a free informational workshop. Full workshop schedule available online at www.solarizewa.org/workshops. 3. Once you've attended a workshop, you're eligible for a free site assessment and discounted pricing. The installation team will work with you to schedule home visit and draw up a bid specific to your budget, roof, and goals. 4. Decide whether you want to join the momentum by going solar through Solarize WA. 5. Spread the word to friends and neighbors! Packet Page 181 of 340 Letter of Commitment Template, to be printed on letterhead November 7, 2013 Leslie Moynihan Customer Renewables Program Manager Public Utility District No. 1 of Snohomish Country 2320 California Street, M/S E2 Everett, WA 98206-1107 Dear Leslie, I am writing to express the City of Edmonds' commitment to partnering with Northwest SEED as a Community Partner in the Solarize Edmonds campaign. We look forward to working with Snohomish PUD and Northwest SEED to encourage solar adoption by deploying a group purchase campaign that will feature competitive contractor selection, grassroots education and outreach, and accelerated installation of solar PV systems on local residences and small businesses. Our participation on the Solarize Edmonds team will be spearheaded by <insert staff lead> in our <insert department name> Department. In recent years, the City of Edmonds has made significant strides towards making solar energy more accessible to local residents. In 2011, the City supported the installation of a 4.2 kilowatt community solar project on the roof of the Frances Anderson Center. Since 2012, the City has worked with Northwest SEED and other jurisdictions across the region on the Evergreen State Solar Partnership and Pacific Northwest Solar Partnership, with a goal to streamline solar permitting and interconnection processes. As a member of the Solarize Edmonds team, the City of Edmonds will work alongside Snohomish PUD and Northwest SEED to make solar more affordable and accessible to our local community. Thank you for making this important opportunity available to us. Sincerely, < ChiefElected Official of the City or Executive Director of Organization> Packet Page 182 of 340 What Does Solar Cost? Solarize Seattle Page 1 of 1 You are here: Home » Attend a Workshop » What Does Solar Cost? What Does Solar Cost? Solarize Washington allows homeowners and businesses to tap into lowered upfront costs through program participation. Solarize Washington packages existing federal and state incentives with a unique Solarize discount. With this discount, most program participants are able to recoup approximately 50% of their cost within one year! Here's how it breaks down: The Solarize Discount: group purchase brings down the cost of a solar system The Solarize discount is a result of the installation efficiencies made possible by Solarize Washington. Solar installers are able to offer significant group discounts on the purchase and installation of solar systems through the program's focus on increased participant education, neighborhood outreach, and economies of scale. Solarize discounts average between 10-20%, depending on the campaign. Washington State Sales Tax Exemption: no sales tax on purchase + installation of solar system When you purchase a solar system sized below 10 kilowatts (most residential systems), your purchase is exempt from state sales tax. This incentive expires June 30, 2013 -- making now the time to Solarize your home or business! Federal Tax Credit: 30% off total system cost The federal government provides a tax credit to cover 30% of the total installed cost of your solar system. If you do not have the tax appetite to take the entire 30% credit in the first year, the remaining credit can be rolled over to your next tax return. This incentive expires December 31, 2016. Washington State Production Incentive: $0.15-54 per kilowatt-hour produced by your solar system Washington State has established an annual production incentive that pays you for every kilowatt-hour of energy your solar system produces, regardless of how much of that energy you use in your home. Through the production incentive, you receive $0.15 per kilowatt-hour produced if your system is manufactured outside of Washington, and $0.54 per kilowatt-hour if your system is fully manufactured within Washington. If you're a Seattle City Light customer, that means you're getting paid up to six times more to produce energy than you would otherwise be paying to purchase energy from the utility. This annual incentive expires June 30, 2020. Net Metering: retail value for the energy you send into the grid When your home isn't using the energy that your solar system is producing, that energy flows into the electric grid, spinning your meter backwards and thereby lowering your electric bill. Your utility keeps track of your "net" energy use -- that is, how much you pull out of the grid compared to how much you put back into it. At the end of a billing period, if your production exceeds your consumption, the utility credits your account accordingly at retail value. This incentive does not expire. So, what does this all mean? When combined with the federal tax credit, the state production incentive, and utility net metering, the Solarize discount allows most participants to recoup approximately 50% of the cost of their solar system within one year! After year one, your solar system continues to pay itself back through the annual benefit accrued via the state production incentive and utility net metering. Solarize Seat le by Northwest SEED is licensed under a Creative Commons Attribution-NonCommercial-NoDerivs 3.0 United States License. Based on a work at solarizeseattle.org. Permissions beyond the scope of this license may be available at nwseed.org. Packet Page 183 of 340 http://solarizewa.org/workshops/what-it-costs 11/7/2013 Frequently Asked Questions Solarize Seattle Page 1 of 2 You are here: Home » Attend a Workshop » Frequently Asked Questions Frequently Asked Questions What is Solarize Washington? Solarize Washington, an initiative of Northwest SEED, is an innovative program designed to bring solar energy to Washington homes. This is a community -led effort that empowers you and your neighbors to get educated about solar, select an installer, and leverage group buying power. By partnering with grassroots sustainability groups and local installers in your community, Northwest SEED helps neighbors come together to enjoy significant discounts through the group purchase of solar systems. Key features of Solarize Washington include: • Grassroots outreach and promotion by neighborhood volunteers • Competitively selected contractors with set prices • Free educational workshops for all participants • Free site assessments for all participants to determine solar suitability • A limited time offer to get the best deal on solar around! Do you intend to roll the project out citywide? Yes! We've already received interest from several neighborhood groups and businesses that want to Solarize their community. We intend to roll the program out neighborhood -by -neighborhood -- let us know if you want to be next! We look forward to unleashing the demand for solar in Washington. How are Solarize neighborhoods selected? Northwest SEED is excited to bring the power of the Solarize model to neighborhoods and communities across Washington. When we wrap up our current Solarize Washington campaigns, we will release a Call for Partners for the next campaign. If you would like to be kept up-to-date on the next Call for Partners and make your neighborhood the next to Solarize, please contact us. How are solar installers selected for a Solarize campaign? The installer selection process is led by the neighborhood group spearheading each Solarize campaign. With support from Northwest SEED, the neighborhood group develops and circulates a Request for Proposals to local installers. Upon receipt of proposals, the neighborhood group evaluates and interviews the top proposers. After a rigorous and competitive selection process, the neighborhood group selects a solar installer to partner on the Solarize campaign. What is the process to go solar through a Solarize campaign? 1. Get registered. Register in our system so we can keep you up-to-date on workshops and schedule individual site assessments. 2. Get educated. Attend a free Solarize Washington workshop to learn about solar energy and this limited time opportunity. Workshop attendance will put you on the fast track to receive a free site assessment. 3. Get evaluated. Once you've attended a workshop, you're eligible to receive a free site assessment! Through a competitive RFP process, the neighborhood and Northwest SEED will choose a solar installer to provide installation services and group pricing discounts for the neighborhood's Solarize participants. The selected installer will come to your home and see if solar is right for you, and work with you to determine the best system for your needs and budget. 4. Sign your contract. Decide whether you want to install solar on your home and sign your contract with the selected installer. Until this point, you're under no obligation to go solar. 5. Get solarized! Join the Solarize Washington movement! Once your contract is signed, the selected installer will work with you to schedule your discounted solar installation. Does solar energy work in Washington? Absolutely! In fact, more and more people are opting to install solar systems every year in Washington. Although many think of Washington (at least Western Washington) as gray and rainy, we actually receive 15% more annual sunlight than Germany, the world's leading solar market. How does solar PV work? Packet Page 184 of 340 http://solarizewa.org/workshops/frequently-asked-questions 11/7/2013 Frequently Asked Questions — Solarize Seattle Page 2 of 2 A solar PV system generates electricity by converting sunlight into electricity that can be used in your home or business. This reduces the amount of electricity you need to purchase from your utility. If your system produces more electricity than you need at any given time, it will actually spin your meter backwards to supply the grid. Your utility keeps track of how much electricity you supply to the grid as well as how much you purchase, and bills you only for your net electricity consumption (via net metering.) At the end of any billing period, if overall electricity production exceeds consumption (indicated by a negative meter read) a billing credit is applied to your next bill. PV ARRAY Dc DC`AC PRODUCTION ❑ISCONNECT INVERTER METER :BUILDING :BREAKER _..... ...........s 6OK STANDARD UTILITY 81LUN0 W-TER UTILITY GRID The size of a solar PV system is often described in watts (W) or kilowatts (kW). 1,000 W = one kW. Watts are a unit of power, just like the horsepower of an engine. They express the maximum possible output of energy the system can produce at any point in time. When sunlight strikes solar PV panels, they produce electricity that is measured in kilowatt hours (kWh). Kilowatt hours are the units of energy you buy from your utility and use in your home to run your appliances, lighting and electronics. What kinds of incentives are available? • Net Metering - When you install your solar electric system in compliance with utility interconnection standards and sign an Interconnection Agreement, any unused solar electricity goes back into the grid, spinning the meter backwards and lowering your electric bill. Meter readings by the utility record a customer's "net" electricity use. At the end of any billing period, if overall electricity production exceeds consumption (indicated by a negative meter read) a billing credit at current retail rates is applied to your next bill. • Federal Tax Incentives - The federal Energy Policy Act of 2005, as amended by the Emergency Economic Stabilization Act of 2008, includes provisions for individuals and businesses to claim a 30% federal income tax credit for the cost of solar technology installations. Credit applies to the basis remaining after any utility or state incentives have been taken. Contact the U.S. Internal Revenue Service for further information. • Washington State Sales Tax Exemption - The sale of solar electric systems under 10 kilowatts is exempt from state sales taxes. • Renewable Energy Production Incentives - In May 2005, the Governor of Washington signed Senate Bill 5101, and in August 2006 the Washington Department of Revenue issued rules (updated in 2009) that established a base -level production incentive of 15 cents per kilowatt-hour (kWh) capped at $5,000 per year, for individuals, businesses, or local governments that generate electricity from solar power, wind power or anaerobic digesters. Higher incentive levels are available (up to 54 cents per kilowatt-hour) if the solar electric (PV) panels and/or inverter are manufactured in the State of Washington. If the system is a community -solar system the base rate is 30 cents per kilowatt-hour with higher incentive levels if system components are made in -state. The program runs from July 1, 2005 through June 30, 2020. Ownership of the renewable energy credits or "green tags" remains with the customer -generator. Your solar electric system must be certified by the State Department of Revenue. [mil® o ariS ize Seattle by Northwest SEED is licensed under a Creative Commons Attribution-NonCommercial-NoDerivs 3.0 United States License. Based on a work at solarizeseattle.org. Permissions beyond the scope of this license may be available at nwseed.org. Packet Page 185 of 340 http://solarizewa.org/workshops/frequently-asked-questions 11 /7/2013 AM-6247 City Council Meeting Meeting Date: 11/19/2013 Time: Submitted For: Phil Williams Department: Public Works Committee: Parks, Planning, Public Works Finance Submitted By: Kody McConnell Type: Action Information Subject Title Public Hearing and potential action on the 2014-2016 Utility Rates Ordinance. Recommendation 5. It is recommended that this item be forwarded for review and action by the City Council following previous presentations and discussions of the agenda item by the Finance and Parks, Planning, and Public Works Committees. Previous Council Action On June 11, 2013, the Finance and Planning, Parks and Public Works committees reviewed this item and recommended it be reviewed by the City Council. On July 23, 2013, staff made a presentation on options to increase utility rates to the City Council. On August 13, 2013, staff provided additional information and a recommendation on the proposed utility rate adjustments at the Council Committee meetings. The recommendation included rate comparisons with other cities. Narrative The City of Edmonds operates and maintains potable water distribution, sewer conveyance and wastewater treatment, and storm and surface water utilities. Staff will review the present and future challenges of operating and maintaining each system and discuss strategies regarding future rate adjustments to support each program. A draft ordinance will be provided. Council instructed staff to note this item for official public hearing to receive additional citizen input. AttnehmPnte Draft Rate Ordinance Form Review Inbox Reviewed By Date Public Works Phil Williams 10/25/2013 01:53 PM City Clerk Scott Passey 11/12/2013 08:49 AM Public Works Kody McConnell 11/12/2013 09:35 AM City Clerk Scott Passey 11/12/2013 02:57 PM Mayor Dave Earling 11/14/2013 09:05 AM Finalize for Agenda Scott Passey 11/14/2013 09:09 AM Form Started By: Kody McConnell Started On: 10/21/2013 08:42 AM Packet Page 186 of 340 Final Approval Date: 11/14/2013 Packet Page 187 of 340 ORDINANCE No. AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON, AMENDING THE PROVISIONS OF SECTION 7.30.030 WATER RATES - METER INSTALLATION CHARGES, RELATING TO UTILITY RATES OF WATER SUPPLIED THROUGH METERS, THE PROVISIONS OF SECTION 7.30.040 UTILITY CHARGES - SANITARY SEWER, RELATING TO UTILITY RATES OF UNMETERED SANITARY SEWER SERVICES, AND THE PROVISIONS OF SECTION 7.50.050 RATES AND CHARGES, RELATING TO UTILITY RATES FOR STORM AND SURFACE WATER MANAGEMENT SERVICES, IN ORDER TO INCREASE SUCH RATES AND FIXING A TIME WHEN THE SAME SHALL BECOME EFFECTIVE. WHEREAS, the City of Edmonds operates three enterprise utility operations which incorporate potable water distribution, sanitary sewer conveyance and wastewater treatment, and storm and surface water management functions; and WHEREAS, the Engineering Division of the Public Works & Utilities Department commissioned a utility rate analysis of its three enterprise utility operations by FCS Group of Redmond, Washington; and WHEREAS, the City Council has received utility rate study reports of the consultants recommending increases in potable water, sanitary sewer, and storm and surface water management utility rates to address rising operating and maintenance costs including but not limited to wholesale cost increases for potable water acquisition and needed replacement of failing utility infrastructure; and WHEREAS, the City Council deems it to be in the public interest to increase rates finding that such increases are justified on a cost -to -service basis; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF EDMONDS, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. The Edmonds City Code Section 7.30.030 Water rates — Meter installation charges, Sections A and B, are hereby amended to read as follows: Packet Page 188 of 340 7.30.030 Water rates - Meter installation charges. A. Base Rate. The bimonthly rates of water supplied through meters shall be fixed at the following levels: Effective Dates 1/1/2014 1/1/2015 1/1/2016 1. Single-family residence (per unit) $24.14 $26.31 $28.68 2. Duplex, apartment houses, $21.26 $23.17 $25.26 condominiums and other multi -unit residences (per unit) 3. All other customers: Meter 1/1/2014 1/1/2015 1/1/2016 3/4" $29.19 $31.82 $34.68 1" $59.42 $64.77 $70.60 1'/2" $109.88 $119.77 $130.55 2" $167.53 $182.61 $199.04 3" $361.40 $393.93 $429.38 4" $511.93 $558.00 $608.22 6" $1,038.26 $1,131.70 $1,233.55 B. Variable Rate. In addition to the base rate set forth above, the customer shall be charged the following rate per 100 cubic feet of water consumed: Effective Dates 1/1/2014 1/1/2015 1/1/2016 $2.51 $2.74 $2.99 All water Base Rate and Variable Rate charges on water utility bills mailed on or after January 1 s` of each year shall be based on rates as reflected in this section corresponding with said time period. Section 2. The Edmonds City Code Section 7.30.040 Utility charges - Sanitary sewer, Section A is hereby amended to read as follows: Packet Page 189 of 340 7.30.40 Utility charges - Sanitary sewer. A. The following rates shall be charged on all billings after the effective date shown with respect to the following customers and/or service: Effective Dates 1/1/2014 1/1/2015 1/1/2016 1. Single-family residence (bimonthly per unit) Connected $55.45 $60.72 $66.49 Unconnected $8.96 $9.80 $10.74 2. Duplex, apartment houses, condominiums and other multi -unit residences (bimonthly per unit) Connected $44.54 $48.78 $53.42 Unconnected $8.96 $9.80 $10.74 3. Duplex, apartment houses, condominiums and other multi -unit residences (monthly per unit) Connected $22.27 $24.39 $26.71 Unconnected $4.48 $4.90 $5.37 3. All other customers (monthly) 1/1/2014 1/1/2015 1/1/2016 Fixed rate $3.15 $3.45 $3.78 Volume charge (per ccf)* $3.57 $3.91 $4.28 *per 100 cubic feet (1 unit) of metered water consumption Section 3. The Edmonds City Code Section 7.50.050 Rates and charges, Section A, is hereby amended to read as follows: 7.50.050 Stormwater rates and charges. A. The following rates shall be charged on all billings with respect to the following customers and/or service: CATEGORY EFFECTIVE DATE 1/1/2014 1/1/2015 1/1/2016 Single-family residential and multi -family residential Bimonthly billing cycle $23.64 $24.70 $25.81 Monthly billing cycle $11.82 $12.35 $12.91 All other resident customers per ESU (monthly cycle) $11.82 $12.35 $12.91 Packet Page 190 of 340 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 five (5) days after passage and publication of an approved summary thereof consisting of the title. APPROVED: MAYOR DAVID O. EARLING ATTEST/AUTHENTICATED: CITY CLERK, SANDRA S. CHASE APPROVED AS TO FORM: OFFICE OF THE CITY ATTORNEY: JEFFREY B. TARADAY, WSBA# 28182 FILED WITH THE CITY CLERK: PASSED BY THE CITY COUNCIL: PUBLISHED: EFFECTIVE DATE: ORDINANCE NO. Packet Page 191 of 340 SUMMARY OF ORDINANCE NO. of the City of Edmonds, Washington On the day of , 201, the City Council of the City of Edmonds passes Ordinance No. . A summary of the content of said ordinance, consisting of the title, provides as follows: AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON, AMENDING THE PROVISIONS OF SECTION 7.30.030 WATER RATES — METER INSTALLATION CHARGES, RELATING TO UTILITY RATES OF WATER SUPPLIED THROUGH METERS, THE PROVISIONS OF SECTION 7.30.040 UTILITY CHARGES — SANITARY SEWER, RELATING TO UTILITY RATES OF UNMETERED SANITARY SEWER SERVICES, AND THE PROVISIONS OF SECTION 7.50.050 RATES AND CHARGES, RELATING TO UTILITY RATES FOR STORM AND SURFACE WATER MANAGEMENT SERVICES, IN ORDER TO INCREASE SUCH RATES AND FIXING A TIME WHEN THE SAME SHALL BECOME EFFECTIVE. The full text of this Ordinance will be mailed upon request. DATED this day of 5201 CITY CLERK, SANDRA S. CHASE Packet Page 192 of 340 AM-6320 6 City Council Meeting Meeting Date: 11/19/2013 Time: 45 Minutes Submitted For: Stephen Clifton Submitted By: Stephen Clifton Department: Community Services Committee: Type: Action Information Subject Title Presentation and Potential Action on the Proposed Edmonds Downtown Business Improvement District Work Program and Budget for Year 2014. Recommendation The Edmonds Downtown Business Improvement District Interim Members Advisory Board is requesting the City Council approve the attached proposed work program and budget for year 2014. Previous Council Action November 13, 2012 - The City Council Finance Committee expressed support for, and recommended the City Council approve, a resolution initiating a proposal for a business improvement district within a portion of the City of Edmonds. November 27, 2012 - The City Council voted to approve a resolution initiating a proposal for a business improvement district within a portion of the City of Edmonds (see attached). December 18, 2012 - The City Council voted to approve a resolution declaring the City's intent to establish a business improvement district within a portion of the City of Edmonds and setting the public hearing date for January 15, 2013 (see attached). January 15, 2013 - The City Council voted to approve Ordinance 3909 establishing a business improvement district within a portion of the City of Edmonds. March 12, 2013 - The City Council confirmed the appointment of eleven Edmonds Downtown Business Improvement District Interim Members Advisory Board members. March 12, 2013 - The City Council approved Ordinance 3914 amending Edmonds City Code 3.75.120 relating to bringing consistency between the timelines established for preparing bylaws/policy guidelines and a work program/budget for year 2013. June 11, 2013 - The City Council Finance Committee recommended that this item be placed on the City Council agenda as a 30 minute item. During the June 25, 2013 City Council meeting, members of the Edmonds Downtown Business Improvement District (EDBID) Interim Members Advisory Board will present information on proposed EDBID work program and budget for year 2013 in addition to bylaws. A question and answer session may follow. June 25, 2013 - The City Council approved Edmonds Downtown Business Improvement District Year 2013 Work Program and Budget. June 25, 2013 - The City Council approved Ordinance 3929 - Amending ECC Section 3.75.060, 3.75.070, 3.75.080, 3.75.090 and 3.75.100 clarifying terminology within these code sections. Packet Page 193 of 340 July 23, 2013 - The City Council approved Edmonds Downtown Business Improvement District Bylaws. August 6, 2013 - The City Council approved Ordinance 3941 amending Edmonds City Code Section 3.75.120 changing the date that recommended annual work programs and budgets be submitted to the City Council each year from September 1 st to October 1, unless otherwise agreed to by the City Council. The Edmonds Business Business Improvement District Interim Advisory Board requested a submittal date of October 31, 2013 for submitting a work program and budget for year 2014. Narrative Edmonds City Code Section 3.75.120 requires the Edmonds Downtown Business Improvement District (EDBID) Interim Members Advisory Board to recommend and submit annual work programs and budgets to the City Council for review and consideration by October 1st of each year, unless otherwise agreed to by the City Council. One exception is the required submittal date for the proposed 2014 work plan and budget which is October 31, 2013; the EDBID met this required deadline by providing Attachment 1 to the City on October 30, 2013. Edmonds Downtown Business Improvement District Interim Members Advisory Board members will be attending the November 19, 2013 City Council meeting to present the 2014 work program and budget. Background Business Improvement Districts (BIDS), also known as Business Improvement Areas (BIAS), are designed to aid general economic development and to facilitate merchant and service business cooperation. A BID is a local self-help funding mechanism that allows businesses and/or property owners within a defined area to establish a special assessment district. In Washington State, BIDS are authorized by statute, i.e., the Revised Code Washington. More specifically, the above referenced funding mechanism is an assessment collected from businesses and/or properties within defined geographic boundaries where BID sponsored/supported activities are financed through a special assessment. There are many reasons to create a BID. The most common motivations are that BIDs are conceived, designed, and managed locally by those who are paying the assessments, and everyone in the district will contribute toward funding BID activities. In other words, business owners pool their money to do things they want to do and that are best done collectively. Funds collected are used to provide services for the mutual benefit of businesses and/or properties being assessed and can be used to provide marketing, public area maintenance, security, parking, streetscape improvements, and professional management/services. Each BID typically has a member advisory board made up of members within the BID boundary. The concept of business district management funded through business community supported assessments has been around for many years and gained wide popularity during the 1990s. Under one name or another, well over 1,000 such districts exist throughout the United States, with many more in Canada and throughout the world (Business Improvement Districts in the United States - Rutgers University, 2011). In Washington State, Parking and/or Business Improvement Districts/Areas exist in Olympia, Poulsbo, Richland, Seattle (eight currently active), Spokane, Tacoma, Yakima, Auburn, Everett, Burien and Port Angeles; the City of Longview is currently in the process of working to create a BID. January 15, 2013 City Council meeting link (Agenda Item #4): http://agenda.ci.edmonds.wa.us/agenda publish.cfm?mt=ALL&get month=l&get year=2013&dsp=ag&seq=767 March 12, 2013 City Council meeting link (Agenda Item #5): http://agenda.ci.edmonds.wa.us/agenda publish.cfmn?mt=ALL&get month=3&get year=2013&dsp=ag&seq=795 June 25, 2013 City Council meeting link (Agenda Item #12): http://agenda.ci.edmonds.wa.us/agenda publish.cfm?mt=ALL&get month=6&get year=2013&dsp=ag&seq=831 July 23, 2013 City Council meeting link (Agenda Item Packet Page 194 of 340 #7):http://agenda.ci.edmonds.wa.us/agenda publish.cfm?mt=ALL&get month=7&get year=2013&dsp=ag&seq=849 August 6, 2013 City Council meeting link (Agenda Item #6): http://agenda.ci.edmonds.wa.us/agenda publish.cfm?mt=ALL&get month=8&get year=2013&dsp=ag&seq=854 Attachments Attachment 1 - EDBID Proposed Draft 2014 Work Program and Budget Attachment 2 - Ordinance 3909 Attachment 3 - Ordinance 3914 - Amending ECC Section 3.75.120 Attachment 4 - Ordinance 3929 - Amending ECC Section 3.75.060, 3.75.070, 3.75.080, 3.75.090 and 3.75.100 Attachment 5 - Ordinance 3941 - Amending ECC Section 3.75.120 Inbox Reviewed By City Clerk Scott Passey Mayor Dave Earling Finalize for Agenda Scott Passey Form Started By: Stephen Clifton Final Approval Date: 11/14/2013 Form Review Date 11/14/2013 08:08 AM 11/14/2013 09:07 AM 11/14/2013 09:09 AM Started On: 11/13/2013 02:54 PM Packet Page 195 of 340 EDMONDS DOWNTOWN BUSINESS IMPROVEMENT DISTRICT PROPOSED 2014 WORK PROGRAM & PLAN Edmonds, Washington Prepared pursuant to Edmonds City Ordinance 3909, Section 3.75.120 Packet Page 196 of 340 The mission of the Edmonds Downtown Business Improvement District is to encourage, promote and participate in activities enhancing the general economic conditions for the mutual benefit of businesses in the district and the city of Edmonds. Per Ordinance 3909, the scope of work includes: A. Marketing & Hospitality: may include maps/brochures/kiosks/directories, web site, social media, marketing/advertising campaigns, holiday decorations, street performers/artists, historic education/heritage advocacy, special public events B. Safety & Cleanliness: may include maintenance, security, pedestrian environment enhancements C. Appearance & Environment: may include design enhancements, neighborhood advocacy & communication, streetscapes/lighting/furniture D. Transportation: may include transportation alternatives, directional signage, parking management & mitigation E. Business Recruitment & Retention: may include education/seminars, market research, business recruitment F. Organization: may include contract staff & professional services, administration costs PROPOSED 2014 SERVICES The services to be provided in this plan include items required for the promotion and enhancement of the EDBID and to meet the needs identified by members of the District. The services are not intended to take the place of, but add to or supplement those services provided by the City. The services will be executed under the direction of the EDBID Members Advisory Board. A. Non-profit Organization The Members Advisory Board is in the process of forming a non-profit organization incorporated under Washington law. This non-profit organization will be established for the purpose of contracting with the City of Edmonds and executing the responsibilities of the EDBID and will carry out the activities prescribed in the EDBID bylaws, pursuant to ECC 3909, section 3.175.140, and will promote and support the EDBID. The Members Advisory Board has adopted Edmonds Downtown Business District Association, the "District Association" as the name of the organization. The District Association will administer the programs and work plan on behalf of the EDBID in 2014. In addition, the District Association will engage the services of a local attorney, pro bono and partially compensated, to assist with legal matters, including filing of taxes and filing for Section 501(c)(3) status with the Internal Revenue Service. Packet Page 197 of 340 The Board of Directors and Officers of the District Association will be made up of the same members as the EDBID Members Advisory Board, as appointed and under the same terms, as proposed in the EDBID Bylaws. B. Administration The District Association Board may contract with an individual(s) to provide accounting expertise regarding our financials, as well as administer member mailings and maintain the District's webpage. The Board will continue to be responsible for the research and implementation of the proposed professional services listed herein. Operating expenses will include supplies and insurance, post office box rental, mailings to members, and web domain and hosting fees. Legal, accounting and professional services will be contracted on an as -needed basis. When appropriate, pro-bono services will be used. C. Assessment and Evaluation The District Association recognizes the important responsibility it has to its members to demonstrate effective and efficient use of EDBID resources. As such, the District Association will include reasonable and appropriate program assessment and evaluation efforts within its work plans. This may include internal and external initiatives such as member surveys, market research, third party or independent impact analysis, etc. D. Member Engagement and Outreach Creating a collaborative and effective business district is a high priority for the District Association. Communications to members will take place regularly and in a cost- effective manner. A member meeting will be held in April 2014 to elect board members and will serve as a forum to seek input into the mission and activities of the EDBID. E. Business and Civic Collaboration and Outreach Partnering with existing organizations in Edmonds will help to strengthen the mission of the EDBID. The District Association will create and maintain a comprehensive list of organizations and follow up with outreach to each. Outreach will be extended to the Downtown Edmonds Merchants Association, Chamber of Commerce, arts organizations, City of Edmonds, education partners, service clubs, business organizations and other community groups. Packet Page 198 of 340 F. Branding, Identity and Marketing Currently, the District Association is reviewing proposals and finalizing selection of a design firm for branding and identity initiatives, including logo design, web design and promotional materials. In 2014, the District Association anticipates finalizing branding and logo design and creation of a website, stationery package, newsletter template and press organization kit. Additional services under consideration in 2014 include: print ads, way finding signage, digital kiosks, and a specific targeted marketing campaign for "local first" advertising. G. Professional Business Resources Being mindful of by -appointment members' needs, the District Association will offer services as determined to be beneficial to the members. Examples include, but are not limited to, business directories, professional services, assistance with social media, search engine optimization, etc. In 2014, we will begin planning, research and implementation of a downtown directory, physical and online, to include all member businesses. H. Parking Members of the EDBID parking committee will continue to attend City of Edmonds parking committee meetings to ensure we are working in concert with city efforts. The committee will survey the available parking on both public and private property. The goal is to identify areas of underutilized parking spaces and areas where parking is particularly difficult. Once those areas are identified solutions will be explored. Education of business owners regarding the employee permit parking areas will target those businesses whose employees repeatedly park in the 3 hour limit areas. We plan outreach education to commuters who park in the downtown areas in the hopes of moving them out of the neighborhood and into available parking closer to the ferry. I. Appearance and Environment Research the costs of ideas to enhance the appearance of the EDBID, including adding additional garbage/recycling cans, contributing to ongoing City -sponsored programs such as art -topped flower poles and programs to encourage building owners to think beyond beige -based color palettes for their buildings. Input will be requested at the annual meeting to see which projects matter most to members. Packet Page 199 of 340 J. 2015 Work Plan and Budget The EDBID will prepare a 2015 work program, plan and annual budget to present to Edmonds City Council in October 2014. II. PROPOSED SOURCES OF FUNDING The District Association will enter into an agency agreement or contract with the City of Edmonds for the purpose of having the City levy and collect, and then disburse to the District Association, assessments with respect to the EDBID businesses subject to such assessment pursuant to Ordinance 3909. A. Assessments Assessments will be collected in accordance with Ordinance 3909. B. Grants and Donations The District Association may pursue and accept grants and donations from private institutions, the City, other public entities or individuals and other non-profit organizations, in accordance with State and Federal law. III. ANNUAL BUDGET A. Budgeted Revenue The projected assessments collected for 2014 will be approximately $89,000. B. Budgeted Expenditures In accordance with the scope of work in Ordinance 3909, budgeted expenditures for the 2014 operating year of the EDBID will be as follows: District Association Administration $ 10,000 District Association Insurance & Licensing $ 3,000 Marketing & Branding/Identity $ 50,000 Member Engagement and Outreach $ 5,000 Professional Business Resources $ 12,000 Appearance & Environment $ 5,000 TOTAL 2014 REVENUE $ 85,000 Packet Page 200 of 340 C. Unallocated Funds An unallocated fund balance is projected. The EDBID reserves the right to use unallocated funds as necessary. D. Subsequent Budgets The EDBID Board shall establish for each fiscal year after the first year a proposed budget for expenditures. Such proposed budgets shall: i) reasonably itemize the purpose for which monies are proposed to be expended by the EDBID; and (ii) set forth the total amount proposed to be expended. A proposed budget, whether for the first year or for subsequent years, shall be referred to as the "Budget." E. General Provisions i. The District Association shall make no expenditures other than in accordance with and pursuant to a Budget for which a total Annual Budget amount has been approved by the City and the EDBID Board. ii. In the event that in any given fiscal year the sources of funding and/or reserves held over from the previous year do not equal the total annual budget amount, the EDBID Board may choose to eliminate some expenditures in order to balance the budget. iii. The District Association, at the conclusion of the fiscal year, will provide a detailed financial report in accordance with Ordinance 3909, as amended. Packet Page 201 of 340 ORDINANCE NO. 3909 AN ORDINANCE ESTABLISHING AN EDMONDS DOWNTOWN BUSINESS IMPROVEMENT DISTRICT; LEVYING ASSESSMENTS UPON BUSINESS OWNERS; PROVIDING FOR THE DEPOSIT OF REVENUES IN A SPECIAL ACCOUNT AND EXPENDITURES THEREFROM; PROVIDING FOR COLLECTION OF AND PENALTIES FOR DELINQUENCIES; PROVIDING FOR THE ESTABLISHMENT OF A MEMBERS ADVISORY BOARD; AND PROVIDING FOR AN IMPLEMENTATION AGREEMENT WITH A PROGRAM ADMINISTRATOR. WHEREAS, the owners and operators of businesses located within the area and representing approximately sixty percent (60%) or more of the assessments levied by this ordinance signed a petition in support of establishing an Edmonds Downtown Business Improvement District; and WHEREAS, pursuant to RCW 35.87A.030, the City Council on November 27, 2012 adopted Resolution 1284 entitled "A Resolution of the City Council of the City of Edmonds, Washington, initiating a proposal for a Business Improvement District within a portion of the City of Edmonds"; WHEREAS, pursuant to RCW 35.87A.040, the City Council on December 18, 2012 adopted Resolution 1285 entitled, "A Resolution of the City Council of the City of Edmonds, Washington, Declaring the City's Intent to Establish a Business Improvement District Within a Portion of the City of Edmonds and Setting a Public Hearing Date Regarding the Same"; and WHEREAS, the Edmonds Downtown Business Improvement District established herein is for the purpose of enhancing conditions for the owners and operators of businesses;; and {ERZ699840.DOC;2/00006.080052/1 I Packet Page 202 of 340 WHEREAS, as provided by Resolution 1285, the City Council, held a public hearing on the Edmonds Downtown Business Improvement District on January 15, 2013 in the City Council Chambers, City Hall, 250 Fifth Avenue North, Edmonds, Washington; and WHEREAS, the testimony received at that hearing resulted in the Council determining that establishing an Edmonds Downtown Business Improvement District is in the best interest of the owners and operators of businesses within its boundaries and the public generally; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF EDMONDS, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. A new chapter 3.75 of the Edmonds City Code entitled "Business Improvement District," is hereby adopted to read as follows: Chapter 3.75 BUSINESS IMPROVEMENT DISTRICT Sections: 3.75.010 Area Established. 3.75.020 Levy of Assessments. 3.75.030 Programs. 3.75.040 Assessment Methodology. 3.75.050 Rate Changes. 3.75.060 Deposit of Revenues. _ 3.75.070 Collection Schedule. 3.75.080 Delinquent Payments. 3.75.090 Notices. 3.75.100 Disputes. 3.75.110 Expenditures. 3.75.120 Members Advisory Board. 3.75.130 Business Improvement District Fund Oversight. 3.75.140 Contract for Program Management. ECC 3.75.010. Area Established. As authorized by Chapter 35.87A RCW, there is hereby established an Edmonds Downtown Business Improvement District ("EDBID") within the following boundaries as shown on the map attached as "Exhibit A"(when a street or alley is named, {ERZ699840.DOC;2/00006.080052/} 2 Packet Page 203 of 340 the area boundary is the centerline of the right-of-way_ including vacated portions unless otherwise specified in the description). The EDBID includes the parcels with the tax ID numbers set forth in Attachment B hereto, which is incorporated herein as set forth in full (for additional detail, please see the attached map). In case of a conflict between the list of parcels Exhibit B and the ma (Exhibit A), the map shall control. ECC 3.75.020. Levy of Assessments. To finance the programs authorized in Section 030, the owners and operators of businesses (collectively, "Members") in the EDBID described in Section I shall pay and be subject to a special assessment in the amount listed in Table 1 below. The Assessment shall be measured by the type and square footage of the business, subject to calculations and limitations in Section 040. Residential properties and the residential component of mixed -use properties shall not be subject to the special assessments. Commercial properties. or the portions thereof, that are vacant (do not contain a business) shall not be assessed. ECC 3.75.030. Programs. Assessment revenues may be used for any combination of the following component programs, but not for any other purpose: A. Marketing & Hospitality a. Maps/Brochures/Kiosks/Directories b. Web Site c. Social Media d. Marketing/Advertising Campaigns e. Holiday Decorations f. Street Performers/Artists g. Historic Education/Heritage Advocacy h. Special Public Events { ERZ699840.DOC;2/00006.080052/} Packet Page 204 of 340 B. Safety & Cleanliness a. Maintenance b. Securijy c. Pedestrian Environment Enhancements C. Appearance & Environment a. Design Enhancements b. Neighborhood Advocacy & Communication c. Streetscapes/Lightin • urniture D. Transportation a. Transportation Alternatives b. Directional Signage c. Parking Management & Miti ag tion E. Business Recruitment & Retention a. Education/Seminars b. Market Research c. Business Recruitment F. Organization a. Contract Staff & Professional Services b. Administration Costs. ECC 3.75.040. Assessment Methodoloay. The special assessment amount shall be based on the type of business multiplied by the square footage of a business. There shall be two business classifications for the purposes of calculating the assessment: "open door" businesses (e.p., restaurants, retailers, banks, etc.), and "by appointment" businesses (e.g., hair {ERZ699840.DOC;2/00006.080052/} 4 Packet Page 205 of 340 salons, doctors, lawyers, nail salons, insurance providers counselors, financial advisors, etc.). Open door establishments are assessed at a higher rate than by appointment businesses due to the relatively higher benefit that open door businesses are expected to receive from the programs, Table I shows the annual assessment for both classifications of businesses based on theirs ware footage within the EDBID. Table 1 Square footage Assessment for "Open Door" Assessment for "By Appointment" 0-499 $90 quarter ($30 per month) $30 quarter ($10 per month) 500-999 $105 quarter ($35 per month) $45 quarter ($15 per month) 1000-1999 $120 quarter ($40 per month) $60 quarter ($20 per month) 2000-4999 $135 quarter ($45 per month) $75 quarter ($25 per month) 5000 and over $150 quarter ($50 per month) $90 quarter ($30 per month) The initial assessment calculation shall be based on the City of Edmonds' business license records for year 2012. Governmental entities, public utilities, nonprofits operating under Internal Revenue Code section 501 c 3 shall not be assessed. ECC 3.75.050. Rate Changes. Changes in the assessment rate shall only be made by ordinance and as authorized by state law. ECC 3.75.060. Deposit of Revenues. The City of Edmonds will create a Business Improvement District Fund within the City of Edmonds budget; a separate subaccount designated as the Edmonds Downtown Business Improvement District Account (called "the Account"). The following monies shall be deposited in the Account: (a) All revenues from assessments levied under this ordinance; (b) Gifts, grants and donations; (c) Interest and all other income from the investment of Account deposits; 1 ERZ699840. DOC;2/00006.080052/1 Packet Page 206 of 340 (d) Reimbursements due to the Account; (e) Interest and/or penalties from delinquent accounts; and (f) Transfers from other city funds, PROVIDED THAT liabilities of the EDBID shall not be an obligation of the general fund or any other special fund of the city ECC 3.75.070. Collection Schedule. Assessments shall be paid and collected on a quarterly basis, PROVIDED THAT Members may opt to pay the full yearly assessment at the time of the billing for the first quarter. ECC 3.75.080. Delinquent Payments. If the assessment is not paid within sixty 60 days after its due date a delinquency charize shall be added at the rate of twelve percent (12%) per annum. The Finance Director is authorized to use a City of Edmonds approved collection agency to collect any unpaid assessments. Use of a collection agency will result in a business pgyigg the a enc 's fee on top of the amount of the BID assessment plus interest and penalties. ECC 3.75.090. Notices. Notices of assessment, installment_ payments, or delinquency. and all other notices contemplated by this ordinance shall be sent to the EDBID Member by ordinary mail to the mailing address shown on the Business License as maintained by the CiV Clerk. Failure of the Member to receive gny mailed notice shall not release the Member from the duty to pay the assessment and any interest and delinquency charges on the due date. ECC 3.75.100. Disputes. Any Member seeking to challenge the amount of an assessment or delinquency charge may submit additional information concerning the classification and/or square footage of the business to the Finance Director or designee, who may { ERZ699840. DOC;2/00006.080052/ } Packet Page 207 of 340 adiust the assessment based on Table 1 if he determines that the original classification and/or square footage was erroneous. The Finance Director shall provide a written detennination to the Member, which may be appealed to the City's Hearing Examiner within ten days of the Finance Director's determination bypaying an appeal fee in the amount of $250.00 and filing a notice of appeal with the city clerk that sets forth the alleged error in the Finance Director's determination. The Member has the burden of proof before the Hearing Examiner to show that the assessment or delinquency fee is incorrect. ECC 3.75.110. Expenditures. Expenditures from the Account shall be made Uon vouchers drawn by the Finance Director and shall be used exclusively for the purposes defined in Section 030. ECC 3.75.120. Members Advisory Board. The Mayor shall appoint, subject to confirmation by the City Council, an interim Members Advisory Board comprised of Members from the EDBID within sixty dais of the effective date of this ordinance. The Mayor shall appoint at least seven and no more than eleven interim board members. The interim Board shall be composed of both open door and by appointment EDBID Members, respectively, in rough proportion to the dollar value of assessments to be levied on each classification of businesses. In addition., the Finance Director and the Community Services / Economic Development Director shall be non-votiniz, ex officio members of the interim board. The interim Members Advisory Board shall be responsible for proposing bylaws and policy guidelines to the City Council that will address, among other matters, the composition and method ofa ointin or electing future board members. The initial Member Advisory Board shall submit their proposed bylaws to the city council within 90 days of the city council's confirmation of the mayor's initial appointments. The interim Members Advisory Board shall { ERZ699840.DOC;2/00006.080052/} Packet Page 208 of 340 also provide advice and consultation to the Finance Director, and to any individual or agrench that mqy be hired to manse the day-to-day operations of the Business Improvement District program, on all matters related to the operation of the program. The interim Members Advisory Board shall recommend a work program and budget for 2013 no later than 90 days after the effective date of this ordinance and shall recommend a work program and budget for all subsequent years no later than September 1 St of the ear before. The board shall address and discuss Member concerns and questions reizardin the EDBID and program; review all reports submitted to the Finance Department by the Member's Advisory Board or Program Administrator, if hired,• and sponsor the initial annual Members meeting. ECC 3.75.130. Business Improvement District Fund Oversight. The Finance Director shall administer the BID Fund for the City with authority to: (a) Consider adjusting the assessment amount based on an erroneous classification or square footage; (b) Collect the assessments; refund assessments when overpaid or otherwise improperly collected; extend the deadline for payment; and waive delinquenccharges and interest whenever the delinquency results from extenuating circumstances beyond the Member's control, such as a casualty loss causing premature closure of the business, bankruptcy, or the total principal payment due to the City (exclusive of penally and interest is Ten Doltars $10.U0 or less; (c) Calculate and collect the interest for late payments: and (d) Accept and deposit advance payment of assessments by Members,_ accept donations from governmental a mendpublic, and owners and operators of businesses. { ERZ699840. DOC ;2/00006.080052/ } Packet Page 209 of 340 ECC 3.75.140. Contract. for Program Management. The Community_ Services! Economic Development Director andlor Finance Director shall serve as the Program Administrator until permanent provisions are made pursuant to adopted bylaws. Section 2. Commencement of Assessments. Assessments shall commence at the beginning of the month following effective date of this ordinance. Section 3. Effective Date. This ordinance shall take effect five (5) days after passage and publication of an approved summary consisting of the title. ATTEST/AUTHENTICATED: CITY CLERK, SANDRA S. CHASE APPROVED AS TO FORM: OFFICE OF THE CITY ATTORNEY: BY JEFF TA DAY FILED WITH THE CITY CLERK: 01-11-2013 PASSED BY THE CITY COUNCIL: 01-15-2013 PUBLISHED: 01-20-2013 EFFECTIVE DATE: 01-25-2013 ORDINANCE NO. 3909 {ERZ699840.DOC;2/00006.080052/} 9 Packet Page 210 of 340 SUMMARY OF ORDINANCE NO.3909 of the City of Edmonds, Washington On the 151h day of January, 2013, the City Council of the City of Edmonds, passed Ordinance No. 3909. A summary of the content of said ordinance, consisting of the title, provides as follows: AN ORDINANCE ESTABLISHING AN EDMONDS DOWNTOWN BUSINESS IMPROVEMENT AREA; LEVYING ASSESSMENTS UPON BUSINESS OWNERS; PROVIDING FOR THE DEPOSIT OF REVENUES IN A SPECIAL ACCOUNT AND EXPENDITURES THEREFROM; PROVIDING FOR COLLECTION OF AND PENALTIES FOR DELINQUENCIES; PROVIDING FOR THE ESTABLISHMENT OF A MEMBERS ADVISORY BOARD; AND PROVIDING FOR A BUSINESS IMPROVEMENT DISTRICT PROGRAM ADMINISTRATOR. The full text of this Ordinance will be mailed upon request. DATED this 161h day of January, 2013 z. " . C �' CITY CLERK, SANDRA S. CHASE {ERZ699840. DOC;2/00006.080052/} Packet Page 211 of 340 Attachment A {ERZ699840.DOC;2/00006.080052/1 11 Packet Page 212 of 340 �y .S !1 D Boul 1 Iz - i Ul L �n Cr 4 CL J 0 IN 2m 3a r.� ncr {ERZ699840.DOC;2/00006.080052/} 12 Packet Page 213 of 340 aQ R rf� A f A A 209 N wn t3�A►7+1 , 146 � U; W G lse Ala LAM } Downtown Business Improvement District QtY of Edmonds - In Sth Ave N k tOalge2 Udfiia6ftWA �+$6k101,ee9Qh finch = M feet x A Attachment B Parcel IDs Associated with Edmonds Downtown Business Improvement District 00434400100601 00830800020500 27032300407700 27032300406500 00434202101600 00871500010000 00434209703702 27032300405800 00434202101800 00871500010100 00434209703700 00434212003900 00434202101900 00787600010000 00952100010100 00434212003700 00434202102100 00787600020100 00952100000201 00434212003800 00434202102300 00787600020200 00952100000301 27032300404400 00434202102600 00787600020300 00952100000001 27032300405400 00434202102800 00863300010100 00952100000002 27032300405600 00434202102900 00863300020100 00952100000003 27032300405500 00434202103000 00863300020200 00952100000004 00434401500601 00434202103100 00863300020300 00952100000005 00434401500602 00434212000302 00434401200300 00952100000006 00454800102000 00434212000500 00858900120100 00952100000007 27032300408500 00434212000600 00858900120200 00952100000008 00678200010100 00434212000700 00858900120400 00952100000009 00678200010200 00434212000900 00858900120300 00952100000010 00678200010300 00434212001100 00434400700402 00952100000011 00678200010400 00434212001200 00434400700500 00952100000012 00678200010500 00434212001500 00434400700700 00952100000013 00678200010600 00434212001700 00434400700800 00952100000014 00678200010700 00434212002100 00434400700300 00952100000015 00678200010800 00434212002400 00434400700401 00952100000016 00678200020100 00434212002600 00434400600100 00952100000017 00678200020200 00434212002800 00434400600300 00952100000018 00678200020300 00434212003300 00434400600400 00952100000019 00678200020400 00434212100100 00434400600500 00952100000020 00678200020500 00434212103700 00434400600701 00952100000021 00678200020600 00434212200100 00434400600702 00952100000022 00678200020700 00434212300100 00434400601202 00952100000023 00678200020800 00434209700100 00434400601201 00952100000024 00678200030100 00434209700300 00434400600600 00952100000025 00678200030200 00434209700900 00434400101002 00952100000026 00678200030300 00434209703100 00434400101100 00952100000027 00678200030400 00434209703400 00434400101202 00952100000028 00678200030500 00682200000100 00434400101201 00952100000029 00678200030600 00682200000200 00864100010000 00952100000030 00678200030700 00682200000300 00864100020000 00952100000031 00678200030800 00682200000400 00864100020100 00952100000202 00678200040100 00682200000500 00864100020200 00952100000203 00678200040200 00682200000600 00864100020300 00952100000204 00678200040300 00682200000700 00864100020400 00952100000205 00678200040400 {ERZ699840.DOC;2/00006.080052/} 14 Packet Page 215 of 340 00682200000800 00864100020500 00952100000302 00678200040500 00682200000900 00864100030000 00952100000303 00678200040600 00682200001000 00864100030100 00952100000304 00678200040700 00682200001100 00864100030200 00952100000305 00678200040800 00682200001200 00864100030300 00956300010100 00454800300700 00434209803700 00864100030400 00956300010200 01070900000100 00434209803900 00454800101200 00956300020100 01070900000200 00434209804000 00454800100901 00956300020200 01070900010500 00434212100700 00434401500700 00956300020300 01070900010600 00434212203701 00887300010100 00956300020400 01070900020100 27032300409000 00887300010200 00956300020500 01070900020200 27032300408200 00887300020100 00956300030100 01070900020300 27032300405100 00887300020200 00956300030200 01070900020400 27032300405200 00887300030100 00956300030300 01070900020500 27032300405300 00887300030200 00956300030400 01070900020600 27032300404600 00887300030300 01016400010000 01070900020700 27032300405700 00887300030400 01016400020100 01070900030100 27032300404500 00887300030500 01016400020200 01070900030200 27032300404100 27032300412700 01016400020300 01070900030300 27032300403600 27032300412800 01016400020400 01070900030400 27032300403700 27032300412900 01016400030100 01070900030500 27032300404000 27032300413000 01016400030200 01070900030600 27032300407800 27032300413100 01016400030300 01070900000300 27032300407900 27032300413700 01016400030400 01070900000400 00813900000100 00434401201100 01016400000100 01070900020800 00813900000200 00434401201202 01016400000200 01070900020900 00813900000300 00434401201201 01016400000300 01070900021000 00813900000400 27032300404900 01016400000400 01070900021100 00813900010100 27032300408000 01016400000500 01070900021200 00813900010200 27032300413200 01016400000600 01070900021300 00813900020100 00434400700100 01016400000700 01070900030800 00813900020200 00858900100100 01016400000800 01070900030900 00434401600300 00454800200901 01016400000900 01070900031000 00434401601100 00434400100101 01016400001000 01070900031100 00434401600502 00434400100102 01016400001100 01070900031200 00434401600501 00434400100300 01016400001200 01070900031300 00434401600503 00434400101001 01016400001300 27032300404200 00454800100100 00434400100800 01016400001400 00434212003000 00454800100300 00434400100700 01016400001500 00434212003100 00454800100902 27032300408900 01016400001600 00434401300200 00454800101100 00924700000100 01016400001700 00434401300101 00454800101300 00924700000200 01016400001800 00434401300102 00454800101700 00924700000300 01016400001900 27032600102500 {ERZ699840.DOC;2/00006.080052/} 15 Packet Page 216 of 340 00454800200400 00924700000400 01016400002000 27032600100100 00454800201000 00924700000500 27032300403800 27032300413500 00454800201100 00924700000600 27032300403900 27032300413400 00454800201700 00924700000700 27032300407100 27032600100800 00454800201900 00924700000800 27032300407000 27032600100900 00830800020100 00924700000900 27032300406900 27032600102900 00830800020200 00924700001000 00434212000101 00830800020300 00924700001100 00434212000102 00830800020400 00924700001200 00434212000301 {ERZ699840.DOC;2/00006.080052/1 16 Packet Page 217 of 340 ORDINANCE NO. 3914 AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON, AMENDING EDMONDS CITY CODE, SECTION 3.75.120 RELATING TO THE EDMONDS DOWNTOWN BUSINESS IMPROVEMENT DISTRICT AND FIXING A TIME WHEN THE SAME SHALL BECOME EFFECTIVE. WHEREAS, the Edmonds Downtown Business Improvement District (BID) was established by Ordinance No. 3909 resulting in the establishment of Edmonds City Code Section 3.75; and WHEREAS, Section 3.75.120 of the Edmonds City Code requires the BID Members Advisory Board to propose bylaws and policy guidelines to the City Council that will address, among other matters, the composition and method of appointing or electing future board members, and that the initial/interim BID Member Advisory Board submit their proposed bylaws to the city council within 90 days of the city council's confirmation of the mayor's initial appointments; and WHEREAS, Section 3.75.120 of the Edmonds City Code requires the BID Members Advisory Board recommend a work program and budget for 2013 no later than 90 days after the effective date of Ordinance 3909, and WHEREAS, the City Council now deems it appropriate to bring consistency between the timelines established for preparing bylaws/policy guidelines, and a work program/budget, for year 2013, i.e., submitting both bylaws/policy guidelines and a work program/budget for year 2013 to the city council within 90 days of the city council's confirmation of the mayor's initial Members Advisory Board appointments; and 1 Packet Page 218 of 340 WHEREAS, on February 26, 2012, the City Council directed that an ordinance be prepared to make further revisions to chapter 3.75.120 ECC, NOW, THEREFDORE, THE CITY COUNCIL OF THE CITY OF EDMONDS, WASHINGTON DO ORDAIN AS FOLLOWS: Section 1. Chapter 3.75.120 of the Edmonds City Code is hereby amended to read as set forth in Attachment A hereto, which is incorporated herein by this reference as if set forth in full (new text shown in underline; deleted text shown in strike through): Section 2. Effective Date. This ordinance, being an exercise of a power specifically delegated to the City legislative body, is not subject to referendum, and shall take effect five (5) days after passage and publication of an approved summary thereof consisting of the title. AZaAk d: MAYOR DAVID O. EARLING ATTEST/AUTHENTICATED : CITY CLERK, SANDRA S. CHASE APPROVED AS TO FORM: OFFICE OF THE CITY ATTORNEY: BY: (?�� Jeffrey B. Taraday, City Attorney FILED WITH THE CITY CLERK: 03-08-2013 PASSED BY THE CITY COUNCIL: 03-12-2013 PUBLISHED: 03-17-2013 EFFECTIVE DATE: 03-22-2013 ORDINANCE NO. 3914 2 Packet Page 219 of 340 SUMMARY OF ORDINANCE NO. 3914 Of the City of Edmonds, Washington On the 12th day of March, 2013, the City Council of the City of Edmonds passed Ordinance No. 3914. A summary of the content of said ordinance, consisting of the title, provides as follows: AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON AMENDING EDMONDS CITY CODE, SECTION 3.75.120 RELATING TO THE EDMONDS DOWNTOWN BUSINESS IMPROVEMENT DISTRICT AND FIXING A TIME WHEN THE SAME SHALL BECOME EFFECTIVE. The full text of this Ordinance will be mailed upon request. DATED this 131h day of March, 2013. 4852-3031-9887, v 1 CITY CLERK, SANDRA S. CHASE 3 Packet Page 220 of 340 Attachment A ECC 3.75.120. Members Advisory Board. The Mayor shall appoint, subject to confirmation by the City Council, an interim Members Advisory Board comprised of Members from the EDBID within sixty days of the effective date of this ordinance. The Mayor shall appoint at least seven and no more than eleven interim board members. The interim Board shall be composed of both open door and by appointment EDBID Members, respectively, in rough proportion to the dollar value of assessments to be levied on each classification of businesses. In addition, the Finance Director and the Community Services I Economic Development Director shall be non -voting, ex officio members of the interim board. The interim Members Advisory Board shall be responsible for proposing bylaws and policy guidelines to the City Council that will address, among other matters, the composition and method of appointing or electing future board members. The initial Member Advisory Board shall submit their proposed bylaws to the city council within 90 days of the city council's confirmation of the mayor's initial appointments. The interim Members Advisory Board shall also provide advice and consultation to the Finance Director, and to any individual or agency, that may be hired, to manage the day-to-day operations of the Business Improvement District program, on all matters related to the operation of the program. The interim Members Advisory Board shall reeemniend submit a proposed work program and budget for 2013 to the city council fielater- than -within 90 days of the city council's confirmation of the mayor's initial appointments after the err a fiya date of this ordi an and shall recommend a work program and budget for all subsequent years no later than September 1st of the year before. The board shall address and discuss Member Packet Page 221 of 340 concerns and questions regarding the EDBID and program; review all reports submitted to the Finance Department by the Member's Advisory Board or Program Administrator, if hired; and sponsor the initial annual Members meeting. Packet Page 222 of 340 STATE OF WASHINGTON, COUNTY OF SNOHOMISH SUMMARY OF ORDINANCE NO. 391d of the City a1 Edmonds, Washington On the 12th day of March, 2013, the Cary Council of. the City of 3mvnds pssaad Ordmtutce'No. 3914. A Summary of the content said ordirtertce eargtstiV fha t11IeON ro NM as tAo5111149T0N, U o,,INAHCe OF THE IT OF Nos, W_ _ _ _ _ _ IMPROVEMENT DISTRICT AND FIXING A TIME WHEN THI SAME SHALL BECOME I FFECTIVE. The full text of thta Ardd1A8nCa wlll.hd maned upnn request - DATED th19 131h d9y of March.89i3 CCiTY CLERIC. SAIVDRA S. CHASE Published: March 17, 2013. Account Name: City of Edmonds 4 Affidavit of Publication S.S. The undersigned, being first duly sworn on oath deposes and says that she is Principal Clerk of THE HERALD, a daily newspaper printed and published in the City of Everett, County of Snohomish, and State of Washington; that said newspaper is a newspaper of general circulation in said County and State; that said newspaper has been approved as a legal newspaper by order of the Superior Court of Snohomish County and that the notice Summary of Ordinance No. 3914 a printed copy of which is hereunto attached, was published in said newspaper proper and not in supplement form, in the regular and entire edition of said paper on the following days and times, namely: March 17, 2013 and that said gwspaper was regularly distributed to its subscribers during all of said period. Subscribed and sworn to before me this day o March, 2013 Notary Public in and for the State of Washington, County. Account Number: 101416 18th {?.. 4p�� iditig at Everett 5noho:nii�h I A. Order Number: J 0001813913 Packet Page 223 of 340 ORDINANCE NO.3929 AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON, AMENDING EDMONDS CITY CODE, SECTIONS 3.75.060, 3.75.070, 3.75.080, 3.75.090 and 3.75.100 RELATING TO THE EDMONDS DOWNTOWN BUSINESS IMPROVEMENT DISTRICT AND FIXING A TIME WHEN THE SAME SHALL BECOME EFFECTIVE. WHEREAS, the Edmonds Downtown Business Improvement District (BID) was established by Ordinance No. 3909 resulting in the establishment of Edmonds City Code Section 3.75; and WHEREAS, Edmonds City Code Sections 3.75.060, 3.75.070, 3.75.080, 3.75.090 and 3.75.100 relate to the deposit and collection of revenue, delinquent payments and notification of such; and, WHEREAS, the City's Interim Finance Director has requested a change in terminology used to more accurately reflect what is to take place related to unpaid assessments, delinquent charges and payments and the City Council now deems it appropriate to modify the terminology; and WHEREAS, on June 25, 2 0 13, the City Council directed that an ordinance be prepared to make further revisions to sections 3.75.060, 3.75.070, 3.75.080, 3.75.090 and 3.75.100 ECC, NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF EDMONDS, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. Sections 3.75.060, 3.75.070, 3.75.080, 3.75.090 and 3.75.100 of the Edmonds City Code is hereby amended to read as set forth in Attachment A hereto, which is incorporated herein by this reference as if set forth in full (new text shown in underline; deleted text shown in strike through): -1- Packet Page 224 of 340 Section 2. Effective Date. This ordinance, being an exercise of a power specifically delegated to the City legislative body, is not subject to referendum, and shall take effect five (5) days after passage and publication of an approved summary thereof consisting of the title. ATTEST/AUTHENTICATED: CITY CLERK, SANDRA S. CHASE APPROVED AS TO FORM: OFFICE OF THE CITY ATTORNEY: BY: Jeffrey B. Taraday, City Attorney FILED WITH THE CITY CLERK: 06-21-2013 PASSED BY THE CITY COUNCIL: 06-25-2013 PUBLISHED: 06-30-2013 EFFECTIVE DATE: 07-05-2013 ORDINANCE NO. 3929 Appr ed-. r M YOR DAVID O. EARLING -2- Packet Page 225 of 340 SUMMARY OF ORDINANCE NO. 3 9 2 9 of the City of Edmonds, Washington On the 251h day of June, 2013, the City Council of the City of Edmonds passed Ordinance No. 3929 . A summary of the content of said ordinance, consisting of the title, provides as follows: AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON, AMENDING EDMONDS CITY CODE, SECTIONS 3.75.060, 3.75.070, 3.75.080, 3.75.090 AND 3.75.100 RELATING TO THE EDMONDS DOWNTOWN BUSINESS IMPROVEMENT DISTRICT AND FIXING A TIME WHEN THE SAME SHALL BECOME EFFECTIVE. The full text of this Ordinance will be mailed upon request. DATED this 261h day of June, 2013. CITY CLERK SANDRA S. CHASE 4852-3031-9887, v I Packet Page 226 of 340 Attachment A ECC 3.75.060. Deposit of Revenues. The City of Edmonds will create a Business Improvement District Fund within the City of Edmonds budget; a separate subaccount designated as the Edmonds Downtown Business Improvement District Account (called "the Account"). The following monies shall be deposited in the Account: (a) All revenues from assessments levied under this ordinance; (b) Gifts, grants and donations; (c) Interest and all other income from the investment of Account deposits; (d) Reimbursements due to the Account; (e) Interest ar."r penalties "mDe[inquency charges from delinquent accounts; and (f) Transfers from other city funds, PROVIDED THAT liabilities of the EDBID shall not be an obligation of the general fund or any other special fund of the city. ECC 3.75.070. Collection Schedule. Assessments shall be paid and collected on a quarterly basis, PROVIDED THAT Members may opt to pay the full yearly assessment at the time of the billing for the first quarter. ECC 3.75.080. Delinquent Payments. If the assessment is not paid within sixty (60) days after its due date, a delinquency charge shall be added atand calculated at ant -he interest rate of twelve percent (12%) per annum of the due amount. The Finance Director is authorized to use a City of Edmonds approved collection agency to collect any unpaid assessments. Use of a collection agency will result in a business paying the agency's fee on top of the amount of the BID assessment plus delinquent charges' enal€ie . ECC 3.75.090. Notices. Notices of assessment, installment payments, or delinquency, and all other notices contemplated by this ordinance shall be sent to the EDBID Packet Page 227 of 340 Member by ordinary mail to the mailing address shown on the Business License as maintained by the City Clerk. Failure of the Member to receive any mailed notice shall not release the Member from the duty to pay the assessment and any interest and delinquency charges on the due date. ECC 3.75.100. Disputes. Any Member seeking to challenge the amount of an assessment or delinquency charge may submit additional information concerning the classification and/or square footage of the business to the Finance Director or designee, who may adjust the assessment based on Table 1 if he determines that the original classification and/or square footage was erroneous. The Finance Director shall provide a written determination to the Member, which may be appealed to the City's Hearing Examiner within ten days of the Finance Director's determination by paying an appeal fee in the amount of $250.00 and filing a notice of appeal with the city clerk that sets forth the alleged error in the Finance Director's determination. The Member has the burden of proof before the Hearing Examiner to show that the assessment or delinquency chargefee is incorrect. Packet Page 228 of 340 STATE OF WASHINGTON, COUNTY OF SNOHOMISH s_41k0.C9ylty o�fAt�'F Na. as2s df the a4lwdmonda, ifvashi 39, on the 25tn day of Juno, 201,3, the City Council null Iha CiN cf Edmonds passed Ordlnnnce No. 3f)28 . A summary a! t11a tan enS of said Ofbin 11, ranoislinp of Iha title, pr *11 as Iptlawa: 1 Abl ORDINANCE of THE CRY of EDMaNps. WASHMTON. AMENDING EDMONDS CrFV Coot:- SECTiDNS 3.75.0W, 3.7S.070, 3.76-080. 3.75,090 AND 375.100 RELATING TO THE EDMONDS DOWNTOWN BUSINESS IMPROVEMENT DISTRICT AND F1XIN'G A TIME WHEN THE SAME 5HALL BECDME EFFECTIVE. TNI lull I@xt of this Ordinance will be mai6d upon request DATED this 281n day of June, 2013. CITY CLERK SANDRA S. CHASE Published: June 30, 2013. Affidavit of Publication S.S. The undersigned, being first duly sworn on oath deposes and says that she is Principal Clerk of THE HERALD, a daily newspaper printed and published in the City of Everett, County of Snohomish, and State of Washington; that said newspaper is a newspaper of general circulation in said County and State; that said newspaper has been approved as a legal newspaper by order of the Superior Court of Snohomish County and that the notice S4jmm4ry of Ordinance No. 3929 a printed copy of which is hereunto attached, was published in said newspaper proper and not in supplement form_ in the regular and entire edition of said paper on the following days and times, namely: June 30, 2013 and thwas regularly distributed to i subscribers during all of said period. at S spaper rr'1r-.n��L Subscribed and sworn to before me this day of July, 2013 4 I,za-,Z4 11 M-'�u Notary P.tlblic in and for the State of Washir County Account Name: City of Edmonds Account Number: 101416 1st %Y'110TARY 55tuN fikA� ;�� •,� Les ing U�v Lett�L $nD IartllSh JJIIJ [S}m 2-17-20116 WASk Order Number: 0001825483YT Packet Page 229 of 340 ORDINANCE NO.3941 AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON, AMENDING EDMONDS CITY CODE, SECTION 3.7 5.120 RELATING TO THE EDMONDS DOWNTOWN BUSINESS IMPROVEMENT DISTRICT AND FIXING A TIME WHEN THE SAME SHALL BECOME EFFECTIVE. WHEREAS, the Edmonds Downtown Business Improvement District (BID) was established by Ordinance No. 3909 resulting in the establishment of Edmonds City Code Section 3.75; and WHEREAS, Section 3.75.120 of the Edmonds City Code requires the BID Members Advisory Board recommend to the City Council an annual work program and budget no later than September 1st of the year before; and WHEREAS, the City Council now deems it appropriate to adjust the deadline for submitting annual work prograins and budgets by changing the deadline from September 1st to October 1st and providing the ability to adjust the annual work program and budget submittal date, but only subject to City Council approval; and WHEREAS, on August 6, 2013, the City Council directed that an ordinance be prepared to make further revisions to chapter 3.75.120 ECC, NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF EDMONDS, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. Chapter 3.75.120 of the Edmonds City Code is hereby amended to read as set forth in Attachment A hereto, which is incorporated herein by this reference as if set forth in full (new text shown in underline; deleted text shown in strike through): Section 2. Effective Date. This ordinance, being an exercise of a power specifically delegated to the City legislative body, is not subject to referendum, and shall take -I- Packet Page 230 of 340 effect five (5) days after passage and publication of an approved summary thereof consisting of the title. ATTEST/AUTHENTICATED: CITY CLERK, SANDI A S. CHASE APPROVED AS TO FORM: OFFICE OF THE CITY ATTORNEY: BY: r., C, �/-' � � Jeffrey B. Taraday, City Attorney FILED WITH THE CITY CLERK: 08-23-2013 PASSED BY THE CITY COUNCIL: 08-27-2013 PUBLISHED: 09-01-2013 EFFECTIVE DATE: 09-06-2013 ORDINANCE NO. 3 941 A -2- Packet Page 231 of 340 SUMMARY OF ORDINANCE NO. 3941 of the City of Edmonds, Washington On the 27th day of August, 2013, the City Council of the City of Edmonds, passed Ordinance No. 3941 . A summary of the content of said ordinance, consisting of the title, provides as follows: AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON, AMENDING EDMONDS CITY CODE, SECTION 3.75.120 RELATING TO THE EDMONDS DOWNTOWN BUSINESS IMPROVEMENT DISTRICT AND FIXING A TIME WHEN THE SAME SHALL BECOME EFFECTIVE.. The full text of this Ordinance will be mailed upon request. DATED this 28th day of August, 2013. 1� CITY CLERK: SANDRA S. CHASE 4852.3031-9887_ v 1 -3- Packet Page 232 of 340 Attachment A ECC 3.75.120. Members Advisory Board. The Mayor shall appoint, subject to confirmation by the City Council, an interim Members Advisory Board comprised of Members from the EDBID within sixty days of the effective date of this ordinance. The Mayor shall appoint at least seven and no more than eleven interim board members. The interim Board shall be composed of both open door and by appointment EDBID Members, respectively, in rough proportion to the dollar value of assessments to be levied on each classification of businesses. In addition, the Finance Director and the Community Services I Economic Development Director shall be non -voting, ex officio members of the interim board. The interim Members Advisory Board shall be responsible for proposing bylaws and policy guidelines to the City Council that will address, among other matters, the composition and method of appointing or electing future board members. The initial Member Advisory Board shall submit their proposed bylaws to the city council within 90 days of the city council's confirmation of the mayor's initial appointments. The interim Members Advisory Board shall also provide advice and consultation to the Finance Director, and to any individual or agency, that may be hired, to manage the day-to-day operations of the Business Improvement District program, on all matters related to the operation of the program. The interim Members Advisory Board shall submit a proposed work program and budget for 2013 to the city council within 90 days of the city council's confirmation of the mayor's initial appointments and shall recommend a work program and budget for all subsequent years no later than September 0 c t o b e r 1 st of the year before, unless otherwise approved by the City Council. The board shall address and discuss Member Packet Page 233 of 340 concerns and questions regarding the EDBID and program; review all reports submitted to the Finance Department by the Member's Advisory Board or Program Administrator, if hired; and sponsor the initial annual Members meeting. Packet Page 234 of 340 Everett Daily Herald Affidavit of Publication STATE OF WASHINGTON } COUNTY OF SNOHOMISH } Ss The undersigned, being first duly sworn on oath deposes and says that she is Principal Clerk of THE HERALD, a daily newspaper primed and published in the City of Everett, County of Snohomish, and State of Washington; that said newspaper is a newspaper of general circulation in said County and State; that said newspaper has been approved as a legal newspaper by order of the Superior Court of Snohomish County and that the notice is a true copy of City Notices - Sandy Chase 509952 a printed copy of which is hereunto attached, was published in said newspaper proper and not in supplement form, in the regular and entire edition of said paper on the following days and times, namely: 2 issue(s), such publication commencing on 09/01/2013 and ending on 09/01/2013 and that said newspaper was regularly distributed to its subscribers during all of said period. The amount of the fee for such publication is $ 27.52. SUMMARY OF ORDINANCE NO 3941 of the Ciiy of Edmonds, Washlrl on On the 27th day of August. 2013, the Cisy Council of the City of Edmonds, passed Ordinance No. 3941 . A summary of the content of soul ordinance, consisting o1 the title, provides as follows: AN ORDINANCE OF THE CITY OF FI]I, Q r1S WASHINGTON, AMENDING EDMONDS CITY CODE, SECTION 3.75.120 RELATING TO THE EDMONDS DOWNTOWN BUSINESS IMPROVEMENT DISTRICT AND FIXING A TIME WHEN THE SAME SHALL BECOME EFFECTIVE. The full text of this Ordinance will be mailed upon request. DATED this 28th day of August, 2013. CITY CLERK SANDRA S. CHASE Published: September 1, 2013. Subscribed and sworn before me on is�`�{� 5ja NOTARY L Notary Public in and for the State f tS PUBLIC �•17-?_0160 Washington, residing at Everett, Sn � County. OF WAS�NN NS City of Edmonds EDH 101416 - PO: ORD. 3941 Packet Page 235 of 340 AM-6332 ►� City Council Meeting Meeting Date: 11/19/2013 Time: 20 Minutes Submitted For: Dev Svcs / Engineering / Public Works Submitted By: Rob Chave Department: Planning Review Committee: Parks/Planning/Public Works Committee Action: Recommend Review by Full Council Type: Action Information Subject Title Discussion and potential action on the 2014 Engineering and Development Services Fees Resolution. Recommendation Approve the proposed resolution (Exhibit 1), adopting updated fees for 2014. Previous Council Action The Council's Parks/Planning/Public Works Committee reviewed the proposed fees on November 12th and recommended forwarding to the full Council for action. Narrative This is a proposed comprehensive update of the City's development -related fees and service charges. The last major review and update of fees and service charges was done in 2009. Besides not keeping up with actual time and personnel costs, fees and charges have not previously captured indirect and overhead costs to any significant degree. While more work should be done in the future to evaluate overhead charges, the analysis behind the current proposal is a good first step in attempting to incorporate this type of analysis into the fee schedule. Information from a state auditor's review of county fee practices and a Seattle analysis model were consulted as part of the background research underlying development of the current fee/charges proposal. The proposed fees are a decision package (#20) in the 2014 budget; it is projected that the increased fees will result in approximately $183,185 in additional revenue in 2014 (this revenue is already included in the 2014 budget). If approved, the proposed fees would be effective at the start of 2014. Attachments 2013 Fees Resolution Exhibit 2: Fee analysis with comparisons Form Review Inbox Reviewed By Date City Clerk Scott Passey 11/14/2013 03:08 PM Mayor Dave Earling 11/14/2013 05:27 PM Packet Page 236 of 340 Finalize for Agenda Form Started By: Rob Chave Final Approval Date: 11/15/2013 Scott Passey 11/15/2013 06:04 AM Started On: 11/14/2013 02:38 PM Packet Page 237 of 340 RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EDMONDS, WASHINGTON, AMENDING THE FEE SCHEDULE FOR THE CITY'S DEVELOPMENT -RELATED FESS AND CHARGES FOR SERVICES, INCLUDING A SAVINGS CLAUSE, AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, ECDC 15.00.020 provides for the establishment and amendment of certain fees charged by the City by resolution; and WHEREAS, extensive effort has been made by City Staff to analyze the full costs associated with City permitting and service activities; and WHEREAS, the City Council has previously established and affirms as its goal that permit fees shall be set to cover the costs of processing and issuing permits and requests for service; and WHEREAS, the City Council does, however, desire that parties utilizing the City's administrative appeals procedures bear a smaller burden of the costs of processing those appeals in order to afford access to the appeals process; now, therefore, THE CITY COUNCIL OF THE CITY OF EDMONDS, WASHINGTON, HEREBY RESOLVES AS FOLLOWS: Section 1. The fees and charges for services set forth in the schedule attached as Exhibit A to this Resolution are hereby adopted and shall be effective on and after January 1, 2014. Section 2. If any section, sentence, clause or phrase of this resolution or any fee or charge for service adopted or amended hereby 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, or any fee or charge adopted or amended hereby. Packet Page 238 of 340 RESOLVED this 19rh day of November, 2013. APPROVED: MAYOR DAVE EARLING ATTEST: CITY CLERK, SCOTT PASSEY FILED WITH THE CITY CLERK: PASSED BY THE CITY COUNCIL: RESOLUTION NO. Packet Page 239 of 340 Exhibit 1: Development Fees Permit Type Notes Fee Building Fire Alarm (Alteration) up to 5 initiating devices No plans. Subject to field inspection. $165 Fire Alarm (Alteration) 6 or more initiating devices $90 + COE Table 1 Fire Alarm (New) $90 + COE Table 1 Fire Connection permit Includes Engineering @ $90 $500 Fire Damage COE Table 1 Fire Inspection Fee Per Hour $90 Fire Operational permit $40 Firework Display permit $30 Fire Plan Review fee Per Hour $90 Fire Sprinkler Commercial (Alteration) up to 5 sprinklers Applies to Commercial and Multifamily. No Plans; field check only. $180 Fire Sprinkler Commercial (Alteration) more than 5 sprinklers Applies to Commercial and Multifamily $135 + COE Table 1 Fire Sprinkler Commercial (New) Applies to Commercial and Multifamily $270 + COE Table 1 Fire Sprinkler Residential Applies to IRC structures. Keep low. $360 Fire Protection System permit For cooking systems, standpipes ... PreviouslFire Suppression $315 Underground Tank 600 gallons or less (fill, remove install) Previous breakpoint was 10,000 gallons. Keeip low. $90 Underground Tank more than 600 gallons fill remove install $270 Accessory Structure (Greenhouse/Shed) Table 1 ADU Compliance $405 Adult Family Home $450 Appeal of Building Official Interpretation $810 Base Building Permit Processing Fee $100 Building Inspection $90 Cell Communications/ Cellular Facilities Table 1 Change of Use $450 Changes to Approved Plans 90/hr City Surcharge Fee $25 Commercial New Construction Table 1 Deck, Stair, Ramp Table 1 Demolition (Primary) $270 Packet Page 240 of 340 Permit Type Notes Fee Demolition (Secondary) $135 Dock/Marina/Floats $190 + Table 1 Fence $60 Garage / Carport Grading/Fill Grease Interceptor $630 Grease Trap $180 Hot Tub/Spa (Commercial) Table 1 Hot Tub/Spa (Single -Family) $180 Hydronic Heating $135 Manufactured Coach -Commercial (Federal HUD Label) $450 Manufactured Home Installation (Federal HUD Label) $540 ESLHA Administrative Processing Fee $2,385 ESLHA Minor Project Administrative Processing Fee New category $270 ESLHA Consultant Review Full cost of peer review ESLHA Packets No labor in current fee $15 Mechanical Permit Table 4 Parking Lot 180 + Table 1 Plumbing Permit Table 3 Re -inspection Fee (Building) $90 Relocation of Building 500 + 90 hr outside city Re -roof (Commercial) Table 1 Re -roof (Single-family) $90 Residential - New Construction Table 1 Residential -Addition/Remodel Table 1 Re -Submittal Plan Review after 3rd review $90/hour Retaining Wall (Commercial) $675 + peer review Retaining Wall (Residential) $265 + peer review Sign (Per Sign) $125 Sign - Blade Sign Includes all blade signs in proposal $90 Solar/Photovoltaic (Residential) $120.00 Solar/Photovoltaic (Commercial) Table 1 State Building Code Surcharge Fee 1$90/hr $4.50 Structural Review Fee + consultant Swimming Pool ( Pre Manufactured Above Ground) $120 Swimming Pool (In -Ground) Table 1 Tenant Improvement Table 1 Packet Page 241 of 340 Permit Type Notes Fee Planning Type 1 Staff decisions, no notice $225 Type 2 Staff decisions w/ notice $795 Type 3A Outdoor dining, amateur radio $225 Type 3B Hearing Examiner / ADB (+HE) $1,637 + HE Type 4A Subdivision / PRD final approval $3,355 Type 4B Rezone $5,720 Type 5 Plan, ECDC amendments $5,720 ADB Design Review - Signs ADB consideration of departure from sign standardper code $795 Signs (Planning review) Traditionally kept low to reflect relative cost of si na e $0 Pole or reader board signs Code "discourages" and are more costly to review $225 Lot Line Adjustment $855 Short Subdivision $2,645 Short Subdivision Final Approval $1,300 Subdivision Prelim Approval (+ HE) Staff time plus actual HE cost billed to applicant $5,355 + HE Subdivision Final Approval Type 4A $3,355 Modification Request $795 Minor change to approved plat $90/hr Major change to approved plat PRD Preliminary Approval $5,335 PRD Final Approval $3,355 SEPA Review $610 EIS Review Cost Critical Areas Checklist $155 Critical Areas Var / Reasonable Use Staff time plus actual HE cost billed to applicant $6,260 + HE Preapplication Meeting $655 DRC Meeting $0 Appeal of Staff Decision (1 or 2) HE Appeal fees traditionally kept low by Council policv $400 Appeal of Type 3B decision to CC Appeal fees traditionally kept low by Council policv $500 Appeal of Notice of Civil Violation Appeal fees traditionally kept low by Council policv $705 Request for Reconsideration ITraditionally kept low by Council policy $225 Planning Inspection Fee IlLandscape plan inspection 1 1% of est. Packet Page 242 of 340 Permit Type Notes Fee Recording Fee Recording documents w/ County $90 + cost I Other (fee not categorized above) $90/hr When permit is heard by HE, cost of HE h aring is billed to applicant. Packet Page 243 of 340 Permit Type Notes Fee Engineering Increase fee to $180 (2 hrs). Change language $180 plus ROW permit fee Alley Disruption/ Closure Fee of fee to note right of way permit fee and plus closure fees closure charges are in addition to permit fee Backflow Prevention Compliance Fee Fee to assist in ensuring voluntary compliance $125 with backflow prevention program & ECC 7.20 Add an application fee based on 4 hours of staff $360 Application Fee Developers Agreements time. $90/hr plus attorney fees will be collected $90/hr plus City Attorney for any subsequent hours. Fees Development Project Peer Review Increase to reflect revised hourly rate of $90 for $270 plus Cost of Peer 3 hours Review This permit is for drainage of pools, hot tub, Ito REVISED FEE TITLE: Drainage Permit (pool, jacuzzi and other facilities designed or intended $40 hot tub, jacuzzi) hold more than 50 gallons of water. Increase fee to recover a portion of the actual cost. ncroachment Permit Adjust Fee to reflect 3 hrs of staff time. $270 plus recordingfees [Engineering Fee charged for each Engineering on -site inspection not specifically covered or included Inspection Fee (Single Family, in a separate permit or inspection fee. Fee is $90 each Existing Comm/MF, right of way) charged per inspection. This fee is charged in addition to the applicable Building Permit or other permit fee. Engineering inspection during construction of site improvements for all subdivisions/short Engineering Inspection Fees - Civil Site plats, commercial and multi -family. This fee is Improvements (subdivisions, commercial, multi- charged in addition to the applicable 3.3% of Bond Amount family) Engineering Review or other building permit fee(s). Adjust percentage to reflect hourly charge increase from $60 to $90 JEngineering Review Fee Engineering staff review per hour $90/hr Packet Page 244 of 340 Permit Type Notes Fee Engineering review of civil plans for REVISED FEE TITLE -Subdivision - Civil construction of site improvements for Review (previously Engineering Review - Site subdivision (5 or more lots) This fee is charged $3,920 Improvements 5 or more lots) in addition to applicable Engineering Inspection fees. REVISED FEE TITLE -Short Subdivision -Civil Review (previously Engineering Review - Site Improvement 4 or less lots) Engineering review of civil plans for construction of site improvements for short plats $2,570 (4 or less lots) This fee is charged in addition to applicable Engineering Inspection fees. Latecomers Agreement Add an application fee based on 4 hours of staff $360 Application Fee plus time. $90/hr plus attorney fees will be collected $90/hr and City Attorney for any subsequent hours. Fees Add an application fee based on 4 hours of staff $360 Application Fee plus LID Sewer Fees (Outside of LID Map) time. $90/hr plus attorney fees will be collected $90/hr and City Attorney for any subsequent hours. Fees This fee applies to any activity that occupies or closes parking space(s), parking lanes(s) or other paved area of a street/road for more than 72 hours. When this fee applies to construction - related activities, it will be applied in addition to the ROW Construction Permit fee. (Monthly portion of Fee [$ per month] = 1 % of assessed Parking Disruption/ Closure Fee value per square foot of abutting property x $180 plus ROW permit fee right of way area [SF] disrupted/closed.) If plus closure charge disruption/closure affects any portion of the area of a parking space, the area of disruption/closure is calculated based upon the area of a full parking space. Change to reflect 2 hrs of staff time to review, process and inspect closure. Add reference to right of way permit fee Re -Inspection Fee increase to cover change in hourly fee from $60 $90 each to $90 REVISED FEE TITLE -Right -of -Way Construction Permit increase to cover change in hourly cost from $270 plus inspection fees (previously Right -of -Way Construction Permit $60 to $90 Administrative Review Packet Page 245 of 340 Permit Type N Notes Fee NEW FEE Right of Way Minor New permit for smaller projects that cause only Construction Permit minor disturbance to the right of way e.g. $90 plus inspeciton fees csidential driveway replacement, tree trimming Side Sewer (Commercial & Multi -Family) change fee description and update $180 plus connection review/process fee to cover 2 hours charRe per Ordinance Side Sewer (Single Family) change fee description and update $90 plus connection charge review/process fee to cover 1 hour per Ordinance Side Sewer Repair Only increase to cover 1 hr review/process time $90 Side Sewer - Special Conditions e.g. grinder increase to cover 3 hr review/process time $270 um s, ejectors.. Increase fee to $180 (2hrs). Change language o $180 plus ROW permit Sidewalk Disruption or Closure fee to note right of way permit fee and closure plus closure fees charges are in addition to fee Special Agreements for Private Utilities in City increase to cover change in hourly cost from $90/hr plus City Attorney Ri ht of Way $60 to $90 Fees Engineering Review of storm drainage for SFR REVISED FEE TITLE-Stormwater Engineer construction of any type (e.g. new construction, Review Fee (Engineering Review Fee for Single remodel, additions, sealed decks, etc.) with > Family Residence) (previously Drainage 5,000 SF new impervious surface or in critical $120/hr Review Fee) area or Meadowdale. This fee is charged in addition to Building Permit or other permit fees. Change to reflect actual hourly rate of P.E. REVISED FEE TITLE-Stormwater Permit increase to cover change in hourly cost from $270 plus inspection fees (Previously Storm Drainage Permit) $60 to $90 Storm System Development Charge NO FEE AMOUNT CHANGE: Change fee Connection Fee per description to reference ordinance. Ordinance REVISED FEE TITLE -Street Restoration for Increase fee to recover actual cost. Developers Water Meter Installation (Excluding Private will be required to complete restoration on their $1000 plus Street Overlay Development) (previously -Street projects. The $1,000 fee is an average estimate Cut Fee if applicable Cut/Restoration Deposit for Water Meter for street restoration work. Installation) REVISED FEE TITLE --Street Overlay Cut Fee Changed name of Fee and Fee description- ROW permit fee plus addt'l (previously Street Disruption Fee) increased flat fee to cover I review and 1 per SgYd charge times inspect. overlay cut multiplier This fee is applied to any use of public street of a temporary nature (not covered by $90 plus insp fees (Bistro Street Use Permit Encroachment permit or ROW construction Dining fees per ordinance permit) Outdoor Bistro Dining Fees per if applicable) Ordinance if applicable. REVISED FEE TITLE -Traffic Engineer Review Fee (previously Traffic Impact increase to reflect hourly rate of P.E. $120/hr Analysis Review) Packet Page 246 of 340 Permit Type Notes I Fee NO FEE AMOUNT CHANGE: Fee per ECDC Traffic Impact Fee 18.82 or as determined by independent fee Fee Per ECDC 18.82 calculation. (Revised Fee Description) Traffic Impact Fee Review - Independent increase to reflect hourly rate of P.E. $240 Calculation Fee charged for each request for variance from Variance from Underground Wiring underground wiring requirement. Based on 8 $720 hours of staff time, increase to reflect higher hourly rate Water Meter Connection Fee NO FEE AMOUNT CHANGE: Change fee Connection Fee per description to reference ordinance. Ordinance Fee charged for new water service line and Water Meter Fee (Based on Size) meter installation per Edmonds City Code 7.30.030. The new fees have been calculated based on actual costs of parts andlabor. 3/4" $2,920 1" $2,970 1.5" $6,220 2" $6,390 Packet Page 247 of 340 Development Fees Calculated Proposed ount a e LOMparison Permit Type Notes Existing Fee Cost Fee Fee Increase Sammamish Mukilteo Issaquah Redmond Bothell Shoreline Terrace Marysville Lynnwood Average Building Residential- New This is a sample comparison of a Construction typical new SFR(Building fees only) $4,542 $4,542 $0 $4,367 $4,305 $4,530 $4,455 $4,662 $4,844 $4,349 $4,093 $6,162 $4,641 Commercial Sample- $5000 valuation based on valuation (Building fees only) $360 $360 $0 $210 $205 $209 $185 $220 $253 $209 $184 $266 $216 Commercial Sample- $50000 valuation based on valuation (Building fee $1,543 $1,543 $0 $1,173 $1,252 $1,212 $1,195 $1,271 $1,109 $1,214 $1,062 $1,769 $1,251 Commercial Sample- $100000 valuation based on valuation (Building$2,320 $2,320 $0 $1,843 $1,998 $1,841 $1,846 $1,968 $1,851 $1,876 $1,640 $2,600 $1,940 Commercial Sample- $300000 valuation based on valuation (Building fee $4,984 $4,984 $0 $3,808 $4,374 $4,039 $3,927 $4,195 $4,161 $4,023 $3,488 $5,407 $4,158 Commercial Sample- $1000000 valuation based on valuation (Building fees only) $13,198 $13,198 $0 $10,077 $11,783 $10,597 $10,408 $11,143 $10,596 $10,649 $9,254 $11,524 $10,670 Fire Alarm No plans. Subject to field inspection. (Alteration) uJto5 I $75 + COE Table 1 $165 Fire Alarm (Alteration) 6 or more initiating devices $75 + COE Table 1 $90 + COE Table 1 Fire Alarm (New) $200 $90 + COE Table 1 Fire Connection Includes Engineering @ $90 permit $345 $500 Fire Damage COE Table 1 COE Table 1 Fire Inspection Fee Per Hour $60 $90 Fire Operational permit $40 $40 Firework Display permit $30 $30 Fire Plan Review fee Per Hour $60 $90 Fire Sprinkler Applies to Commercial and Commercial Multifamily. No Plans; field check (Alteration) up to 5 only. sprinklers $100 + COE Table 1 $180 Fire Sprinkler Applies to Commercial and Commercial Multifamily (Alteration) more IMultifamily1$200 $100 + COE Table 1 $135 + COE Table 1 Fire Sprinkler Applies to Commercial and Commercial New + COE Table 1 $270 + COE Table 1 Packet Page 248 of 340 Calculated Proposed ount a e omparison Permit Type Notes Existing Fee Cost Fee Fee Increase Sammamish Mukilteo Issaquah Redmond Bothell Shoreline Terrace Marysville Lynnwood Average Fire Sprinkler Applies to IRC structures. Keep low. Residential $200 + COE Table 1 $360 Fire Protection For cooking systems, System permit standpipes... Previously Fire Suppression $240 $315 Underground Tank Previous breakpoint was 10,000 600 gallons or less gallons. Keep low. 1 (fall, remove, install) $60 $90 Underground Tank more than 600 gallons (fill, remove, inctalll $255 $270 Accessory Structure (Greenhouse/Shed) Table 1 Table 1 ADU Compliance $395 $405 $405 258 existing, 515 new Adult Family Home $430 $450 $450 $272 Appeal of Building Officiallnterpretation $330 $810 $810 $1,500 Base Building Permit Processing Fee $100 $100 Building Inspection $60 $90 $90 Cell Communications/ Cellular Facilities Table 1 Table 1 Change of Use $410 $450 $450 Changes to Approved Plans 60/hr 90/hr City Surcharge Fee $15 $25 Commercial New Construction Table 1 Table 1 Deck, Stair, Ramp Table 1 Table 1 Demolition (Primary) $235 $270 $270 $180 Demolition (Secondary) $60 $180 $135 $90 Dock/Marina/Floats $190+Table 1 $190+Table 1 Fence $60 $270 $60 Garage / Carport Table 1 Grading/Fill Table 2 + peer review Grease Interceptor $350 $630 $630 $100 Grease Trap $150 $180 $180 $30 Hot Tub/Spa (Commercial) Table 1 Table 1 Hot Tub/Spa (Single - $180 Family) $100 $315 Hydronic Heating $100 $135 $135 Manufactured Coach - Commercial (Federal HUD Label) $280 $450 $450 360 + plan review Packet Page 249 of 340 Calculated Proposed ount a e Comparison Permit Type Notes Existing Fee Cost Fee Fee Increase Sammamish Mukilteo Issaquah Redmond Bothell Shoreline Terrace Marysville Lynnwood Average Manufactured Home Installation (Federal $280 $540 $540 ESLHA Administrative Processinp, Fee $2,385 $2,340 $2,385 ESLHA Minor Project New category Administrative $270 $270 ESLHA Consultant Review Full cost of peer review Full cost of peer review ESLHA Packets No labor in current fee $15 $90 $15 Mechanical Permit Table 4 1 Table 4 Parking Lot 180+Table 1 180+Table 1 Plumbing Permit Table 3 Table 3 Re -inspection Fee (Building) $60 $90 $90 Relocation of Building $500 + $60/f' 360+? $500 + $90/hr outside city Hourly 733 + 163 Re -roof (Commercial) Table 1 Table 1 Re -roof (Single- family) $65 $225 $90 Keep low Residential - New Construction Table 1 Table 1 Residential - Addition Remodel Table 1 Table 1 Re -Submittal Plan Review after 3rd review $170 per der variable $90/hour Retaining Wall Commercial $265 + peer 1675 avg (vari $675 + peer review Retaining Wall Residential $265 + peer review $265 + peer review Sign (Per Sign) $125 $360 $125 Sign - Blade Sign Includes all blade signs in proposal $125 $90 -$35 Solar/Photovoltaic Residential $120.00 $120.00 Solar/Photovoltaic Commercial Table 1 Table 1 State Building Code Surcharge Fee $4.501 $4.50 $4.50 Structural Review Fee $60/hr + consultant $90/hr + consultant Swimming Pool ( Pre Manufactured Above Grniinrfi $60 $180 $120 Keep low Swimming Pool (In - Ground) Table 1 Table 1 Tenant Improvement Table 1 Table 1 Packet Page 250 of 340 Permit Type Notes Existing Fee Calculated Cost Proposed Fee Fee Increase Sammamish Mukilteo Issaquah Redmond Bothell Shoreline ount a e Terrace Marysville Lynnwood Comparison Average Planning Type 1 Staff decisions, no notice $115-265 $223 $225 Varies $118 $73 $507/$1,216 $307 $251 Type 2 Staff decisions w/ notice $405-570 $795 $795 $225 $626 $203 $153 + $507 $375 $1,250 $592 Type 3A Outdoor dining, amateur radio $225 $225 $225 $0 Type 313 Hearing Examiner / ADB (+HE) $1350+ $1,637 + HE $1,637 + HE $287+ $2,050 $2,944+118/hr $2,500 $608/$5,065 $3,723/7,477 2,302/9,210 $4,080+4080d $1,000 admin $3,413 Type 4A Subdivision / PRD final approval $970+ $3,355 $3,355 $2,385 $1,378 $2,026 $4,605 $1,360+1,980 $2,837 Type 413 Rezone $1,206 $5,719 $5,720 $4,514 1,472+118/hr $2,486 $5,065 9,210+2,357 4,080+4080d $2,500 $5,000 $5,232 Type 5 Plan, ECDC amendments $2050+ $5,719 $5,720 $3,670 $1,251 $3,000 7,682/11,740 9,210+2,357 4,080+4080d $2500 - 5000 $3,500 $5,222 ADB Design Review - Signs ADB consideration of departure from sign standardper code $265 $795 $795 $530 Signs (Planning review) Traditionally kept low to reflect relative cost of si na e $0 $90 $0 $0 Pole or reader board signs Code "discourages" and are more costly to review $0 $223 $225 $225 Lot Line Adjustment $405 $854 $855 $450 $471 $510 $608/$1,520 $3,255/6,536 $461 $2,040+$544 $500 $1,250 $1,137 Short Subdivision $1,140 $2,643 $2,645 $1,505 2,944+118/hr $2,184+500d $2,026/8,104 $12,499 $4,605+461 8,160+4080d 3000+300/lot $2,000 $5,049 Short Subdivision Final Approval $405 $1,300 $1,300 $895 Subdivision Prelim Approval (+ HE Staff time plus actual HE cost billed to applicant $3,930 $5,335 $5,355 + HE $1,425+ 4,710+118/hr $2,889 $16,208 $17,260 5,987+2,357 8,160+4080d 5,000+100/lot $7,500 $8,527 Subdivision Final Approval Type 4A $1,080 $3,355 $3,355 $2,275 $1,378 $2,026 $4,605 $1,360+1,980 $2,837 Modification Request $845 1 $795 -$50 Minor change to approved plat $115 $90/hr Varies Major change to approved plat Same as original application PRD Preliminary Approval $6,620 $5,335 $5,335 -$1,285 PRD Final Approval $970 $3,355 $3,355 $2,385 SEPA Review $485 $610 $610 $125 $589 + 118/hr $645 $177 - $912 $,2,330 $350 -1,500 $1,000 $746 EIS Review Cost Cost Cost $0 Critical Areas Checklist $155 $205 $155 $0 Critical Areas Var / Reasonable Use Staff time plus actual HE cost billed to applicant $1,325 $6,258 $6,260 + HE $4,935+ Preapplication Meeting $655 N/A $655 $0 DRC Meeting $0 N/A $0 $0 Appeal of Staff Decision 1 or 2 HE Appeal fees traditionally kept low by Council Policy$365 $1,637 $400 $35 Packet Page 251 of 340 Permit Type Notes Existing Fee Calculated Cost Proposed Fee Fee Increase Sammamish Mukilteo Issaquah Redmond Bothell Shoreline ount a e Terrace Marysville Lynnwood Comparison Average Appeal of Type 313 decision to CC Appeal fees traditionally kept low by Council Policy $365 $4,030 $500 $135 $250 $304 $544 + HE $250 - $500 $500 - $1,500 $520 Appeal of Notice of Civil Violation Appeal fees traditionally kept low by Council policy $705 $1,548 $705 $0 Request for Reconsideration Traditionally kept low by Council policy $175 $523 $225 $50 Planning Inspection Fee Landscape plan inspection 1% of est. 1% of est. $0 Recording Fee Recording documents w/ County Cost $90 + cost $90 Other (fee not categorized above) $90/hr When permit is heard by HE, cost of HE hearing is billed to applicant. Packet Page 252 of 340 Calculated Proposed ount a e Comparison Permit Type Notes Existing Fee Cost Fee Fee Increase Sammamish Mukilteo Issaquah Redmond Bothell Shoreline Terrace Marysville Lynnwood Average Engineering Increase fee to $180 (2 hrs). Change $180 plus Alley Disruption/ language of fee to note right of way $160 plus $180 ROW permit $20 Closure Fee permit fee and closure charges are in closure charge fee plus addition to permit fee closure fees Backflow Prevention Fee to assist in ensuring voluntary Compliance Fee compliance with backflow prevention $125 $125 program & ECC 7.20 Add an application fee based on 4 hours $60/hr plus $360 Application$360 Developers Agreements of staff time. $90/hr plus attorney fees City Attorney $360 Fee $90/hr plus will be collected for any subsequent fees minimum plus City $30/hr hours. Attorney Fees Development Project Increase to reflect revised hourly rate of $125 plus Cost $270 plus Cost Peer Review $90 for 3 hours of Peer $270 of Peer $145 Review Review This permit is for drainage of pools, hot REVISED FEE TITLE: tub, jacuzzi and other facilities designed $10 plus City Drainage Permit (pool, or intended to hold more than 50 gallons surcharge & $180 $40 $30 hot tub, jacuzzi) of water. Increase fee to recover a Inspection fees portion of the actual cost. Encroachment Permit Adjust Fee to reflect 3 hrs of staff time. $335 plus $270 $270 plus <65> recording fees recording fees Fee charged for each Engineering on -site Engineering Inspection inspection not specifically covered or Fee (Single Family, included in a separate permit or Existing Comm/MF, inspection fee. Fee is charged per $60 each $90 $90 each $30 each $118 $144 $204 $153.50 $110 $145.90 right of way) inspection. This fee is charged in addition to the applicable Building Permit or other permit fee. Engineering inspection during Engineering Inspection construction of site improvements for all I Fees - Civil Site subdivisions/short plats, commercial and Improvements multi -family. This fee is charged in 2.2% of Bond 3.3% of Bond 1.1% of Bond (subdivisions, addition to the applicable Engineering Amount Amount Amount commercial, multi- Review or other building permit fee(s). family) Adjust percentage to reflect hourly charge increase from $60 to $90 Engineering Review Fee Engineering staff review per hour $60 $90/hr $30/hr $118 $206 $161.37 $153.50 $136 $110 $147.48 Packet Page 253 of 340 Calculated Proposed ount a e Comparison Permit Type Notes Existing Fee Cost Fee Fee Increase Sammamish Mukilteo Issaquah Redmond Bothell Shoreline Terrace Marysville Lynnwood Average $153.50 per $4710 plus $825 Review hour2 REVISED FEE TITLE- $118 per hour for $4645.45 $1842 min Subdivision -Civil Engineering review of civil plans for plus per lot fee Street/storm +$73.93 per Review for Review (previously construction of site improvements for (Per lot fee infracstucture lot (additional Street/storm $136 per hour Engineering Review - subdivision (5 or more lots) This fee is $1,520 $3,924 $3,920 $2,400 varies, for 10 only. Other $2,000 $3,144.54 per infracstucture $8160 deposit Site Improvements 5 or charged in addition to applicable to 201ots, Utilities 3 or more only. Other req. more lots) Engineering Inspection fees. $206 added to review by reviews) Utilities fee per lot) Utility review by District. Utility District. REVISED FEE TITLE s=0 per Short Subdivision -Civil I $825 Review hourz Review (previously for $4645.45 $1842 min Engineering Review - Engineering review of civil plans for Street/storm + 73.93 per Review for Site Improvement 4 or construction of site improvements for $2355 plus infracstucture lot (additional Street/storm $136 per hour less lots) short plats (4 or less lots) This fee is $1,000 $2,574 $2,570 $1,570 $118 per hour only. Other $2,000 $3,14 per infracstucture $4080 deposit charged in addition to applicable Utilities 3 or more mo re only. Other req. Engineering Inspection fees. review by reviews) Utilities Utility review by District. Utility Latecomers Agreement $60/hr plus $360 Add an application fee based on 4 hours City Attorney Application of staff time. $90/hr plus attorney fees Fees $360 Fee plus $360 plus will be collected for any subsequent minimum $90/hr and $30/hr hours. City Attorney Fees $360 Add an application fee based on 4 hours Application LID Sewer Fees of staff time. $90/hr plus attorney fees $300 $360 Fee plus $60 plus (Outside of LID Map) will be collected for any subsequent Minimum minimum $90/hr and $30/hr hours. City Attorney Fees This fee applies to any activity that occupies or closes parking space(s), parking lanes(s) or other paved area of a street/road for more than 72 hours. When this fee applies to construction - related activities, it will be applied in addition to the ROW Construction $160 plus Permit fee. (Monthly portion of Fee [$ $180 plus Parking Disruption/ o per month] = 1 /o of assessed value per charge/SF of in street/monthexcess $180 ROW permit $20 Closure Fee square foot of abutting property x right excess 72 of7 fee plus of way area [SF] disrupted/closed.) If hours hours closure charge disruption/closure affects any portion of the area of a parking space, the area of disruption/closure is calculated based upon the area of a full parking space. Change to reflect 2 hrs of staff time to review, process and inspect closure. Add reference to right of way permit fee Packet Page 254 of 340 Calculated Proposed ount a e Comparison Permit Type Notes Existing Fee Cost Fee Fee Increase Sammamish Mukilteo Issaquah Redmond Bothell Shoreline Terrace Marysville Lynnwood Average Re -Inspection Fee increase to cover change in hourly fee $60 each $90 each $90 each $30 each $118 $134 S 156 S 153.50 S 136 $91 S 131.42 from $60 to $90 REVISED FEE TITLE - Right -of -Way Construction Permit (previously Right -of- increase to cover change in hourly cost $185 plus $270 $270 plus $85 $471 plus insp $170 plus insp $407 plus insp $307 S242 -5344 $647 S339 from $60 to $90 inspection fees inspection fees fees fees fees Way Construction Permit Administrative Review New permit for smaller projects that EW FEE Right of Way Minor cause only minor disturbance to the right $185 plus $90 $90 plus <$170> Construction Permit of way e.g. residential driveway inspection fees inspeciton fees replacement, tree trimmin Side Sewer $180 plus (Commercial &Multi- change fee description and update $115 plus $180 connection $65 $647 $647 Family) review/process fee to cover 2 hours See Chart charge per Ordinance $30 plus $730 $90 plus $345 plus Side Sewer (Single change fee description and update plus $90 connection $60 connection $647 Family) review/process fee to cover 1 hour connection and charge per fees inspection fees Ordinance Side Sewer Repair Only increase to cover 1 hr review/process $30 $90 $90 $60 $345 $136 $106 - $308 $240.50 time Side Sewer -Special increase to cover 3 hr review/process Conditions e.g. grinder $170 $270 $270 $100 um s ejectors.. time $160 plus Increase fee to $180 (2hrs). Change charge/SF of $180 plus Sidewalk Disruption or language of fee to note right of way sidewalk/mont $180 ROW permit $20 Closure permit fee and closure charges are in h or portion plus closure addition to fee thereof in fees excess of 72 hrs Special Agreements for increase to cover change in hourly cost $60/hr plus $90/hr plus Private Utilities in City $60 to $90 City Attorney $90/hr City Attorney $30/hr Right of Wayfrom Fees Fees Engineering Review of storm drainage REVISED FEE TITLE- for SFR construction of any type (e.g. Stormwater Engineer new construction, remodel, additions, Revise to Review Fee sealed decks, etc.) with > 5,000 SF new newly $161.37 per (Engineering Review impervious surface or in critical area or $50 Per House calculated $120/hr $70/hr approx hour $161 Fee for Single Family Meadowdale. This fee is charged in hourly wage Residence) (previously addition to Building Permit or other for PE Drainage Review Fee) permit fees. Change to reflect actual hourly rate of P.E. Stormwater Permit increase to cover change in hourly cost $185 plus $270 $270 plus $85 $210 plus insp $210 (Previously Storm from $60 to $90 inspection fees inspection fees fees Storm System NO FEE AMOUNT CHANGE: Change Connection Development Charge fee description to reference ordinance. $428 per ESU Fee per No Change Ordinance Packet Page 255 of 340 Calculated Proposed ount a e Comparison Permit Type Notes Existing Fee Cost Fee Fee Increase Sammamish Mukilteo Issaquah Redmond Bothell Shoreline Terrace Marysville Lynnwood Average REVISED FEE TITLE - Street Restoration for Water Meter Installatio Increase fee to recover actual cost. $1000 plus (Excluding Private Developers will be required to complete $115 plus Development) restoration on their projects. The $1,000 actual cost in $1,000 Street Overlay $885 $1,500 $1,500 (previously - Street fee is an average estimate for street excess of $115 Cut Fee if Cut/Restoration Deposit restoration work. applicable for Water Meter Installation $100 plus $15 ROW permit REVISED FEE TITLE- Changed name of Fee and Fee for each fee plus addt'1 Cost of Street Overlay Cut Fee description -increased flat fee to cover 1 additional $180 per SgYd No Change overlay plus (previously Street review and 1 inspect. sqyd over 2 charge times $14 per if Disruption Fee) sgyd times overlay cut multiplier multiplier This fee is applied to any use of public $85 p plus $90 plus insp street of a temporary nature (not covered surchg and fees (Bistro Street Use Permit by Encroachment permit or ROW inspection fees Dining fees $5 construction permit) Outdoor Bistro per ordinance Dining Fees per Ordinance if applicable. if applicable) REVISED FEE TITLE- Revise to Traffic Engineer newly Review Fee (previously increase to reflect hourly rate of P.E. $60/hr calculated $120/hr $60/hr Traffic Impact Analysis Review) hourly wage for PF NO FEE AMOUNT CHANGE: Fee per See Handout Traffic Impact Fee ECDC 18.82 or as determined by for Chart Fee Per ECDC No Change independent fee calculation. (Revised 18.82 Fee Description) $200 plus any Revise to 2 Traffic Impact Fee consultant fees hours time Review - Independent increase to reflect hourly rate of P.E. incurred. newly calc'd $240 $40 $540 $250 $298.50 Calculation hourly wage for PE Fee charged for each request for Variance from variance from underground wiring Underground Wiring requirement. Based on 8 hours of staff $460 $720 $720 $260 time, increase to reflect higher hourly rate Water Meter NO FEE AMOUNT CHANGE: Change 5/8" & 3/4" Connection Connection Fee fee description to reference ordinance. $908, etc. Fee per Per ORD Ordinance Fee charged for new water service line Water Meter Fee (Base and meter installation per Edmonds City on Size) Code 7.30.030. The new fees have been calculated based on actual costs of parts andlabor. 3/4" $550 $2,922 $2,920 $2,370 $5,390 $4,886 1" $800 $2,972 $2,970 $2,170 $5,562 $5,586 1.5" $1,428 $6,220 $6,220 $4,792 $5,794 $8,154 2" $2,930 $6,389 $6,390 $3,460 $5,952 $8,509 Packet Page 256 of 340 CITY OF EDMONDS PLUMBING PERMIT FEE SCHEDULE - TABLE 3 (DRAFT - Proposed for 2014) Base Permit Fee for Processing 1. For the issuance of each plumbing permit...........................................................................................$40.00 Unit Fee Schedule (NOTE: Base permit issuing fee not included) 1. For each plumbing fixture on one trap or a set of fixtures on one trap (including water, drainage drainage piping and backflow protection).......................................................................................$10.00 2. For each building sewer and each trailer park sewer (does not include trunk or LID charges) ...$60.00 3. Rainwater systems - per drain (inside building)................................................................................$30.00 4. For each cesspool (where permitted)....................................................................................................$50.00 5. For each private sewage disposal system.............................................................................................$60.00 6. For each water heater and/or vent and each expansion tank............................................................$10.00 7. For each gas -piping system of one to five outlets................................................................................$20.00 8. For each additional gas piping system outlet, per outlet....................................................................$ 2.00 9. For each industrial waste pretreatment interceptor including its trap and vent, except kitchen - type grease inceptors functioning as fixture traps...........................................................................$30.00 10. For each installation, alteration or repair of water piping and/or water treating equipment, each $30.00 11. For each repair or alteration of drainage or vent piping, each fixture.............................................$10.00 12. For each lawn sprinkler system on any one meter including backflow protection devices thereof$30.00 13. For atmospheric -type vacuum breakers not included in item 12: 1 to 5.....................................................................................................................................................$10.00 over5, each...........................................................................................................................................$ 2.00 14. For each backflow protective device other than atmospheric type vacuum breakers: 2 inch (51 mm) diameter and smaller................................................................................................$30.00 over2 inch (51 mm) diameter............................................................................................................$40.00 15. For each graywater system....................................................................................................................$60.00 16. For initial installation and testing for a reclaimed water system......................................................$60.00 17. For each annual cross -connection testing of a reclaimed water system (excluding initial test) ...... $30.00 18. For each medical gas piping system serving one to five inlet(s)/outlet(s) for a specific gas ............$90.00 19. For each additional medical gas inlet(s)/outlet(s)................................................................................$10.00 20. For each grease trap ... ........................................................................................................................ $180.00 21. For each grease interceptor.................................................................................................................$630.00 Other Inspections and Fees 1. Re -inspection fee....................................................................................................................................$90.00 2. Inspections for which no fee is specifically indicated.........................................................................$90.00 3. Plan review fee per hour charge (minimum charge - one hour)........................................................$90.00 4. Additional plan review required by changes, additions or revisions to approved plans per hour charge(minimum charge-one-hour).................................................................................................$90.00 * The above tables are based on the 1997 Uniform Plumbing Code Table 1-1 Amended. L:Atemp\building\fees\2013 fees\2013 plumbing fee schedule Packet Page 257 of 340 CITY OF EDMONDS MECHANICAL PERMIT FEE SCHEDULE - TABLE 4 (DRAFT - Proposed for 2014) Base Permit Fee for Processing 1. For the issuance of each mechanical permit..................................................................................................................... $40.00 Unit Fee Schedule (Note: Base permit fee for processing not included.) 1. Furnaces For the installation/relocation of each forced -air or gravity -type furnace or burner, including ducts and appliance vent up to and including 100,000 Btu/h (29.3kW)............................................................................................................... $20.00 For the installation/relocation of each forced -air or gravity -type furnace or burner, including ducts and appliance vent over 100,000 Btu/h(29.3kW)....................................................................................................................................... $30.00 For the installation/relocation of each floor furnace, including vent.................................................................................... $20.00 For the installation/relocation of each suspended heater, recessed wall heater or floor -mounted unit heater ...................... $25.00 2. Appliance Vents For the installation, relocation/replacement of each appliance vent installed (i.e., Type B, BW, L gas vent, etc.) .............. $10.00 3. Repairs or Additions For the repair, alteration or addition to each heating appliance, refrigeration unit, cooling unit, absorption unit, or each heating, cooling, absorption or evaporative cooling system, including installation of controls ............................... $15.00 4. Boilers, Compressors and Absorption Systems/Air Conditioning Systems For the installation/relocation of each boiler or compressor up to and including 3 horsepower (I0.6kW), or each absorption system up to and including 100,000 Btu/h (29.3kW)......................................................................................... $20.00 For the installation/relocation of each boiler or compressor over 3 horsepower (10.6KW) up to and including 15 horsepower (52.7kW), or each absorption system over 100,000 Btu/h (29.3kW) up to and including 500,000 Btu/h (146.6kW)............................................................................................................................................................................ $30.00 For the installation or relocation of each boiler or compressor over 15 horsepower (52.7kW) up to and including 30 horsepower (105.5kW), or each absorption system over 500,000 Btu/h (146.6kW) to and including 1,000,000 Btu/h (293.1 kW)............................................................................................................................................................................ $40.00 For the installation or relocation of each boiler or compressor over 30 horsepower (105.5kW) up to and including 50 horsepower (176 kW), or each absorption system over 1,000,000 Btu/h (293.1 kW) to and including 1,750,000 Btu/h (512.9 kW)........................................................................................................................................................................... $60.00 For the installation or relocation or each boiler or compressor over 50 horsepower (176 kW), or each absorption system over 1,750,000 Btu/h (512.9 kW)............................................................................................................................. $95.00 5. Air Handlers For each air -handling unit up to and including 10,000 (cfin) (4719 L/s), including ducts (i.e., diffusers, blowers, etc.)..... $20.00 For each air -handling unit over 10,000 cfm (4719 L/s) including ducts.............................................................................. $30.00 6. Evaporative Coolers For each evaporative cooler other than portable type........................................................................................................... $15.00 7. Ventilation and Exhaust For each ventilation fan connected to single duct (i.e., bath, laundry, kitchen exhaust, etc.) ............................................... $10.00 For each ventilation system which is not a portion of any heating or air-conditioning system authorized by a permit........ $10.00 For the installation of each hood which is served by mechanical exhaust, including the ducts for such hood ..................... $30.00 8. Incinerators For the installation or relocation of each domestic type incinerator..................................................................................... $20.00 For the installation or relocation of each commercial or industrial -type incinerator............................................................ $50.00 9. Miscellaneous For each appliance or piece of equipment regulated by the IMC for which no other fee is listed (i.e. fire dampers, etc.)... $20.00 Other InMections and Fees 1. Re -inspection fees assessed at a per hour charge (minimum charge -one hour).................................................................... $90.00 2. Inspections for which no fee is specifically indicated, per hour charge (minimum charge -one -hour) ................................. $90.00 3. Plan review fee per hour charge (minimum charge - one hour)............................................................................................$90.00 4. Additional plan review required by changes, additions or revisions to plans or to plans for which an initial review has been completed per hour charge (minimum charge -one hour)...................................................................................... $90.00 * The above tables are based on the 1997 Uniform Mechanical Code Table 1-A Amended. LAtemp\building\fees\2013 fees\2013 mechanical fee schedule Packet Page 258 of 340 CITY OF EDMONDS GRADING PERMIT FEE SCHEDULE - TABLE 2 (DRAFT - Proposed for 2014) GRADING PLAN REVIEW FEES 50 cubic yards 38.2 m3 or less, when located in a designated critical area........................................................................ $ 30.00 51 to 100 cubic yards 40 m3 to 76.5 m3................................................................................................................................... $ 60.00 101 to 1,000 cubic yards 77.2m3 to 764.6 m3...........................................................................................................................$120.00 1,001 to 10,000 cubic yards 765.3 m3 to 7645.5 m3................................................................................................................. $240.00 10,001 to 100,000 cubic yards (7646.3 m3 to 76 455 m3)--$240.00 for the first 10,000 cubic yards (7645.5 m3), plus $100.00 for each additional 10,000 yards (7645.5 m3) or fraction thereof. 100,001 to 200,000 cubic yards (76 456 m3 to 152 911 m3)--$1140.00 for the first 100,000 cubic yards (76 455 m3), plus $100.00 for each additional 10,000 cubic yards 7645.5m3 or fraction thereof. 200,001 cubic yards (152 912 m3) or more--$2040.00 for the first 200,000 cubic yards (152911m3), plus $100.00 for each additional 10,000 cubic yards (7645.5 m3) or fraction thereof. Other Fees: Additional plan review required by changes, additions or revisions to approved plans......................................$90.00 per hour (minimum charge - one -hour) GRADING PERMIT FEES Basepermit fee.............................................................................................................................................................................. $30.00 50 cubic yards 38.2m3 or less, when located in a designated critical area............................................................................. $60.00 51 to 100 cubic yards 40 m3 to 76.5m3....................................................................................................................................... $60.00 101 to 1,000 cubic yards (77.2m3 to 764.6 m3)--$120.00 for the first 100 cubic yards (76.5 m3) plus $20.00 for each additional 100 cubic yards (76.5 m3) or a fraction thereof. 1,001 to 10,000 cubic yards (765.3 m3 to 7645.5 m3)--$300.00 for the first 1,000 cubic yards (764.6 m3), plus $40.00 for each additional 1,000 cubic yards 764.6 m3 or fraction thereof. 10,001 to 100,000 cubic yards (7646.3 m3 to 76 455 m3)--$660.00 for the first 10,000 cubic yards (7645.4 m3), plus $60.00 for each additional 10,000 cubic yards (7645.5 m3) or fraction thereof. 100,001 cubic yards (76 456 m3) or more--$1200.00 for the first 100,000 cubic yards (76 455 m3), plus $90.00 for each additional 10,000 cubic yards 7645.5 m3 or fraction thereof. Other Inspections and Fees: 1. Inspections outside of normal business hours (minimum charge - one hour).................................................$90.00 per hour 2. Re -inspection fees assessed under provisions of UBC Section 108.8................................................................$90.00 per hour 3. Inspections for which no fee is specifically indicated (minimum charge - one-hour).....................................$90.00 per hour * The above tables are based on the 1997 Uniform Building Code Table A-33-A Amended. L\temp\building\fees\2013 fees\2013 grading fee schedule Packet Page 259 of 340 AM-6318 City Council Meeting Meeting Date: 11/19/2013 Time: 5 Minutes Submitted For: Roger Neumaier Department: Finance Committee: Subiect Title 2013 September Budgetary Financial Report Recommendation N.A. For informational purposes only. Previous Council Action Reviewed by Finance Committee Submitted By: Sarah Mager Type: Information in form ati nn 0 Narrative This is the third quarter 2013 report. Quarterly reports will include a brief presentation to the full Council. 2013 September Budgetary Financial Report Inbox Finance City Clerk Mayor Finalize for Agenda Form Started By: Sarah Mager Final Approval Date: 11/14/2013 Attaehmantc Form Review Reviewed By Date Roger Neumaier 11/14/2013 09:07 AM Scott Passey 11/14/2013 09:08 AM Dave Earling 11/14/2013 09:52 AM Scott Passey 11/14/2013 09:55 AM Started On: 11/13/2013 02:42 PM Packet Page 260 of 340 O-V E DPI � o� CITY OF EDMONDS BUDGETARY FINANCIAL REPORT SEPTEMBER 2013 Packet Page 261 of 340 City of Edmonds Quarterly Financial Review: September 2013 On a quarterly basis, the Budgetary Financial Report includes a brief review of key financial information included within the report or affecting the City's finances. In this report, at the request of Councilmembers and citizens, we have added a series of reports including graphic trends showing General Fund individual department monthly expenditures. We have also included current year-to-date changes in fund balances. As each page in this section shows, these fund balance amounts are not adjusted for accruals or annual cycles. As a result, there is a possibility of significant interim variances that may not occur at year end. That being said, the information provides useful insight into fund cycles within the City during the year. General Fund Revenues and Expenditures Year to date, General Fund revenues are equal to 72% of budgeted revenues for the year. Revenues year to date are 6.8% greater than 2012's year to date revenues. As we indicated in the second quarter report, revenue has been strengthened by greater than anticipated property tax for the first half of the year. How much of the positive variance relates to earlier than usual payment of property tax due to home sales remains to be seen. Sales Tax, year-to-date, on an accrual basis, is 6.3% ahead of sales tax in 2012 and will exceed anticipated budget. The trend for 2014 aggregate revenue continues to lead to the conclusion that overall general fund 2013 revenue will exceed budget. General Fund department expenditures are on track with the 2.0% assumption for year-end under - expenditures included with the 2014 proposed budget. It is interesting to note that at the end of the third quarter that 2013 year-to-date General Fund expenditures are $94 thousand less than 2012 year-to-date expenditures at the same point in the year. Non -General Fund Revenues and Expenditures 2013 budgeted Water, Storm and Sewer Utility Fund revenues include bond proceeds were received in the third quarter of this year, but will not be posted until the fourth quarter. As a result, the percentage revenue receipts in this report for these programs for the first nine months are less than would be anticipated if the amounts shown were regular fee receipts. A new element of the report which tracks water fees, storm water fees and sewer fees shows that these elements are tracking above 2012 levels and at or above budgeted levels. Non -General Fund expenditures are on track with budgeted expectations. REET Revenues Real Estate Excise tax revenues continue to reflect improvement in the economy and the recovery of home values and sales. Projected year end revenues are about 40% above budget. While the additional revenue provides resources for additional important City projects, it is still important to recognize that projected year end revenues will still be less than two-thirds of levels receipted in years 2006, 2007 and 2008. Economic Outlook The regional economy continues to show strength. Due to a lapse in funding from the Federal government, Bureau of Labor Statistics data collection, analysis, and dissemination activities were suspended from October 1 through October 16. Accordingly, the most recent information on Packet Page 262 of 340 unemployment is from August of this year. The Puget Sound unemployment rate which includes Edmonds is 5.2%. The State rate is 7.0%. However, the unemployment rate for the United States as a whole is 7.3%. Both the Puget Sound and the State rates are increased from June and July levels The Federal Reserve Bank surprised investors and economists at its last meeting in September when it chose not to reduce its bond buying. Since then, a 16-day partial government shutdown shaved an estimated $25 billion from economic growth this quarter and weak economic data pointed to a slow economy. Now, few think the Federal Reserve Bank will reduce its stimulus any time soon. Many analysts now predict the Fed will maintain the pace of its bond purchases into next year. 2 Packet Page 263 of 340 CITY OFEDMONDS REVENUES BY FUND - SUMMARY Fund No. Title 001 GENERAL FUND 009 LEOFF-MEDICAL INS. RESERVE 011 RISK MANAGEMENT FUND 012 CONTINGENCY RESERVE FUND 014 HISTORIC PRESERVATION GIFT FUND 016 BUILDING MAINTENANCE 104 DRUG ENFORCEMENT FUND 111 STREET FUND 112 COMBINED STREET CONST/IMPROVE 113 MULTIMODAL TRANSPORTATION FD. 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 FUND 127 GIFTS CATALOG FUND 129 SPECIAL PROJECTS FUND 130 CEMETERY MAINTENANCE/IMPROVEMT 131 FIRE DONATIONS 132 PARKS CONSTRUCTION FUND 136 PARKS TRUST FUND 137 CEMETERY MAINTENANCE TRUST FD 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 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 2013 Amended Budget 9/30/2012 Revenues 9/30/2013 Revenues Amount Remaining %Received $ 32,893,957 $ 22,229,739 $ 23,743,625 $ 9,150,332 72% 350,350 300,263 175,237 175,113 50% 668,200 244,000 482,029 186,171 72% 123,223 5,282,540 65,334 57,889 53% 15,000 - 714 14,286 5% 56,900 28,551 28,457 28,443 50% 20,175 46,072 17,281 2,894 86% 1,406,800 1,005,793 1,084,216 322,584 77% 6,519,529 843,099 1,248,814 5,270,715 19% - - - - 0% 69,885 23,190 48,401 21,484 69% 27 20 13 14 48% 52,870 43,660 43,903 8,967 83% 18,120 7,075 6,818 11,302 38% 2,025 1,381 432 1,593 21% 19,000 11,037 21,747 (2,747) 114% 777,832 600,361 699,319 78,513 90% 650,600 539,097 698,655 (48,055) 107% 36,483 21,754 30,564 5,919 84% 222,800 - 291,992 (69,192) 131% 119,950 107,890 103,433 16,517 86% - - - - 0% 2,010,350 463,253 297,361 1,712,989 15% 228 168 283 (55) 124% 14,600 12,882 11,849 2,751 81% 8,017 2,030 8,909 (892) 111% 645,000 498,868 507,934 137,066 79% 22,130 21,860 30,474 (8,344) 138% 22,230 106,154 19 22,211 0% 1,009,902 - 92,264 917,638 9% - N/A 174,073 (174,073) 0% 10,625,680 N/A 4,624,635 6,001,045 44% 3,486,716 N/A 2,684,619 802,097 77% 11,020,123 N/A 6,061,413 4,958,710 55% 1,361,972 806,160 1,083,372 278,600 80% 45,400 68,916 49,638 (4,238) 109% $ 74,296,074 $ 33,315,813 $ 44,417,827 $ 29,878,247 60% 'Due to the change in enterprise fund structure from 2012 to 2013, these revenues are shown as N/A 3 Packet Page 264 of 340 C ITY O F FAMO NDS EXPENDITURES BY FUND - SUMMARY Fund No. Title 001 GENERAL FUND 009 LEOFF-MEDICAL INS. RESERVE 011 RISK MANAGEMENT RESERVE FUND 014 HISTORIC PRESERVATION GIFT FUND 016 BUILDING MAINTENANCE 104 DRUG ENFORCEMENT FUND 111 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 FUND 127 GIFTS CATALOG FUND 129 SPECIAL PROJECTS FUND 130 CEMETERY MAINTENANCE/IMPROVEMT 132 PARKS CONSTRUCTION FUND 136 PARKS TRUST FUND 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 421 WATER UTILITY FUND 422 STORM UTILITY FUND 423 SEWER/WWTP UTILITY FUND 424 BOND RESERVE FUND 511 EQUIPMENT RENTAL FUND 617 FIREMEN'S PENSION FUND 2013 Amended 9/30/2012 9/30/2013 Amount Budget apenditures Expenditures Remaining $ 33,329,813 $ 24,500,129 $ 24,406,144 $ 8,923,669 619,400 440,601 232,806 386,594 661,000 - 555,907 105,093 15,000 - 5,280 9,720 205,000 21,376 34,481 170,519 80,033 34,258 36,820 43,213 1,557,715 1,221,360 1,018,259 539,456 6,659,244 900,818 794,922 5,864,322 149,794 29,397 42,268 107,526 68,500 36,187 52,181 16,319 26,726 13,041 14,740 11,986 4,000 3,375 3,121 879 19,000 9,840 7,940 11,060 1,401,732 219,234 175,686 1,226,046 668,534 80,277 32,108 636,426 43,317 3,423 28,162 15,155 222,800 10,746 156,192 66,608 152,761 128,666 94,723 58,038 2,093,200 343,620 41,532 2,051,668 - 6,930 - - 13,737 4,145 369 13,368 645,000 498,868 507,934 137,066 22,130 106,000 - 22,130 - 244,000 - - 1,009,902 - 92,264 917,638 9,313,991 N/A 4,912,508 4,401,483 4,585,772 N/A 2,094,008 2,491,764 18,161,466 N/A 8,754,654 9,406,812 - N/A 82,095 (82,095) 1,095,372 1,033,729 564,737 530,635 108.790 70.741 64.273 44.517 % Spent 73% 38% 84% 35% 17% 46% 65% 12% 28% 0% 76% 55% 78% 42% 13% 5% 65% 70% 62% 2% 0% 3% 79% 0% 0% 9% 53% 46% 48% 0% 52% 59% $ 82,933,729 $ 29,960,761 $ 44,806,114 $ 38,127,615 54% "Due to the change in enterprise fund structure from 2012 to 2013, these expenditures are shown as N/A 0 Packet Page 265 of 340 Page 1 of 3 Title TAXES: 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 UT ILIT Y TAX SOLID WASTE UTILITY TAX WAT ER UT ILIT Y T AX SEWER UTILITY TAX ST ORMWAT ER UTILITY TAX T.V. CABLE UTILITY TAX TELEPHONE UTILITY TAX PULLTABSTAX AMUSEMENT GAMES LEASEHOLD EXCISE TAX PENALTIES ON GAMBLING TAXES LICENSES AND PERMTIS: FIRE PERMITS -SPECIAL USE PROF AND OCC LICENSE -TAXI AMUSEMENTS FRANCHISE AGREEMENT -COMCAST FRANCHISE FEE-EDUCATION/GOVERNMENT 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 PERMITS ANIMAL LICENSES STREET AND CURB PERMIT OTR NON -BUS LIC/PERMIT S INTERGOVERNMENTAL: DOJ 15-0404-0-1-754 - BULLET PROOF VEST ROOFTOP SOLAR CHALLENGE GRANT WTSC X-52 DUI AND SPEEDING TARGET ZERO TEAMS GRANT HIGH VISIBILITY ENFORCEMENT WA STATE ADMIN OFFICE COURTS GRANT WA STATE TRAFFIC COMM GRANT SMART COMMUTER PROJECT GRANT 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 Amended 9/30/2012 9/30/2013 Amount Budget Revenues Revenues Remaining %Received $ 9,781,109 $ 5,171,349 $ 5,733,027 $ 4,048,082 59% 2,775,282 1,605,353 1,776,431 998,851 64% 916,103 508,464 565,228 350,875 62% 4,913,150 3,707,553 3,901,282 1,011,868 79% 8,706 6,181 7,564 1,142 87% 520,417 393,578 424,010 96,407 81% 1,475,638 1,201,703 1,202,643 272,995 81% 811,174 654,934 552,442 258,732 68% 287,710 214,196 226,200 61,510 79% 904,613 632,300 710,918 193,695 79% 470,000 355,858 280,422 189,578 60% 274,600 211,732 307,731 (33,131) 112% 730,910 504,704 594,489 136,421 81% 1,529,498 1,158,687 1,051,571 477,927 69% 61,385 45,139 41,407 19,978 67% 731 - 128 603 18% 212,350 156,162 164,041 48,309 77% - - - - 0% 25,673,376 16,527,891 17,539,535 8,133,841 68% 5,555 5,353 5,030 525 91% 1,030 510 630 400 61% 6,060 5,475 4,350 1,710 72% 627,816 470,088 497,805 130,011 79% - - 21,859 (21,859) 0% 95,806 68,515 64,900 30,906 68% 8,287 7,332 8,556 (269) 103% - - 5,000 (5,000) 0% 214,415 175,322 176,782 37,633 82% 106,297 100,451 104,991 1,307 99% 18,422 14,970 19,320 (898) 105% 39,274 26,400 38,400 874 98% 9,500 9,308 9,773 (273) 103% 345,436 259,078 351,230 (5,794) 102% 13,205 7,950 6,525 6,680 49% 50,000 21,052 28,779 21,221 58% 7,070 7,749 8,051 (981) 114% 1,548,173 1,179,553 1,351,980 196,193 87% 1,191 - 5,119 (3,928) 430% 34,000 - 34,000 - 100% - - 583 (583) 0% 10,000 4,512 5,949 4,051 59% 6,000 888 4,721 1,279 79% - - 4,019 (4,019) 0% - - 1,106 (1,106) 0% - - 600 (600) 0% 185,181 184,756 188,570 (3,389) 102% 8,828 6,672 7,067 1,761 80% 12,572 12,448 9,402 3,170 75% 33,290 25,116 26,360 6,930 79% 7,704 5,628 5,364 2,340 70% 20,000 146,591 - 20,000 0% 301,761 306,934 268,323 33,438 89% 3,030 1,500 - 3,030 0% 1,500 750 - 1,500 0% 625,057 695,795 561,183 62,374 90% Packet Page 266 of 340 5 Page 2 of 3 Title CHARGES FOR GOODS AND SERVICES: RECORD/LEGAL INSTRUMTS D/M COURT REC SER MUNIC.-DIST. COURT CURR EXPEN SALE MAPS & BOOKS PHOTOCOPIES POLICE DISCLOSURE REQUESTS ASSESSMENT SEARCH ENGINEERING FEES AND CHARGES ELECTION CANDIDATE FILING FEES SNO-ISLE PASSPORTS AND NATURALIZATION FEES POLICE SERVICES SPECIAL EVENTS OCDETF OVERTIME CAMPUS SAFETY-EDM. SCH. DIST. WOODWAY-LAW PROTECTION MISCELLANEOUS POLICE SERVICES DRE REIMBURSEABLE DUI EMERGENCY FIRE SERVICES FIRE DISTRICT #1 STATION BILLINGS ADULT PROBATION SERVICE CHARGE ELECTRONIC MONITOR DUI BOOKING FEES FIRE CONSTRUCTION INSPECTION FEES EMERGENCY SERVICE FEES DUI EMERGENCY AID EMS TRANSPORT USER FEE POLICE - FINGERPRINTING CRIM CNV FEE DUI CRIM CONV FEE CT CRIM CONV FEE CN FIBER SERVICES INTERGOVERNMENTAL FIBER SERVICES FLEX FUEL PAYMENTS FROM STATIONS ANIMAL CONTROL SHELTER ZONING/SUBDIVISION FEE PLAN CHECKING FEES FIRE PLAN CHECK FEES PLANNING 1% INSPECTION FEE S.E.P.A. REVIEW CRITICAL AREA STUDY DV COORDINATOR SERVICES SWIM POOL ENTRANCE FEES GYM AND WEIGHTROOM FEES LOCKER FEES SWIM CLASS FEES INTERGOVERNMENTAL REVENUE-SSCCFH PROGRAM FEES TAXABLE RECREATION ACTIVITIES SWIM TEAM/DIVE TEAM BIRD FEST REGISTRATION FEES INTERFUND REIMBURSEMENT -CONTRACT SVCS CITY OF EDMO NDS REVENUES - GENERAL FUND 2013 Amended 9/30/2012 9/30/2013 Amount Budget Revenues Revenues Remaining %Received 1,065 955 1,283 (218) 120% 172 123 47 125 28% 188 113 180 8 96% 72 64 160 (88) 222% 4,572 2,332 1,587 2,985 35% 4,500 3,223 3,435 1,065 76% 5 5 - 5 0% 100,000 72,720 146,248 (46,248) 146% 1,011 - 1,460 (449) 144% 57,236 41,718 58,636 (1,400) 102% 9,571 9,300 9,225 346 96% 26,000 28,605 27,797 (1,797) 107% - 1,226 4,640 (4,640) 0% 11,615 4,041 2,146 9,469 18% 36,000 11,723 21,295 14,705 59% 2,750 - - 2,750 0% - - 709 (709) 0% 532 400 502 30 94% 27,808 43,622 40,768 (12,960) 147% 60,000 43,012 55,042 4,958 92% 165 82 590 (425) 358% 5,711 3,553 4,946 765 87% 5,577 3,730 4,520 1,057 81% 23,976 14,050 13,696 10,280 57% 67 33 - 67 0% 814,318 490,911 612,032 202,286 75% 496 281 245 251 49% 698 498 494 204 71% 4,360 3,279 3,405 955 78% 1,624 1,283 1,368 256 84% 36,438 35,781 20,160 16,278 55% 7,272 7,386 5,400 1,872 74% 213 182 863 (650) 405% 6,616 5,185 4,710 1,906 71% 38,000 26,477 56,660 (18,660) 149% 216,457 162,343 188,629 27,828 87% 2,911 1,068 1,450 1,461 50% 1,200 326 966 234 81% 5,000 2,425 4,365 635 87% 12,000 12,400 16,120 (4,120) 134% 10,921 8,070 8,304 2,617 76% 56,000 59,217 63,530 (7,530) 113% 5,500 3,926 3,953 1,547 72% 300 303 439 (139) 146% 32,000 28,625 30,132 1,868 94% 69,300 51,975 - 69,300 0% 780,000 595,171 613,831 166,169 79% 115,500 118,938 107,033 8,468 93% 31,600 30,019 30,365 1,235 96% 660 1,015 695 (35) 105% 1,520,248 1,163,557 1,299,101 221,147 85% 4,148,225 3,095,270 3,473,159 675,066 84% Packet Page 267 of 340 0 Page 3 of 3 CITY OF EDMO NDS REVENUES - GENERAL FUND Title 2013 Amended Budget 9/30/2012 Revenues 9/30/2013 Revenues Amount Remaining %Received FINES AND FO RFEITURES : PROOF OF VEHICLE INS PENALTY 10,214 7,207 10,205 9 100% TRAFFIC INFRACTION PENALTIES 24,000 21,502 26,292 (2,292) 110% NC TRAFFIC INFRACTION 213,000 188,090 230,926 (17,926) 108% CRT COST FEE CODE LEG ASSESSMENT (LGA) 20,086 13,876 19,972 114 99% SPEEDINGDOUBLE 77 38 297 (220) 386% NON -TRAFFIC INFRACTION PENALTIES 2,034 900 - 2,034 0% OTHERINFRACTIONS'04 1,002 442 1,281 (279) 128% PARKING INFRACTION PENALTIES 31,592 27,771 38,045 (6,453) 120% PR -HANDICAPPED 794 - - 794 0% PARKING INFRACTION LOC 404 40 - 404 0% PARK/INDDISZONE 3,000 2,569 2,314 686 77% DWI PENALTIES 9,200 6,118 3,177 6,023 35% DUI - DP ACCT 415 1,108 2,177 (1,762) 524% OTHER CRIMINAL TRAF MISDEM PEN 8 306 - 8 0% CRIMINAL TRAFFIC MISDEMEANOR 8/03 33,000 24,191 27,803 5,197 84% CRIMINAL CONVICTION FEE CT - - 622 (622) 0% OTHERNON-TRAF MISDEMEANOR PEN 539 241 61 478 11% OTHER NON TRAFFIC MISD. 8/03 14,000 10,787 1,446 12,554 10% COURT DV PENALTY ASSESSMENT 1,491 861 1,468 23 98% CRIMINAL CONVICTION FEE CN - - 337 (337) 0% CRIMINAL COSTS-RECOUPMENTS 113,265 80,567 88,331 24,934 78% PUBLIC DEFENSE RECOUPMENT 40,000 23,241 22,808 17,192 57% COURT INTERPRETER COSTS 292 142 55 238 19% BUS. LICENSE PERMIT PENALTY 7,444 3,995 4,330 3,114 58% MISC FINES AND PENALTIES 485 1,690 1,540 (1,055) 318% 526,342 415,681 483,487 42,855 92% MISCELLANEOUS: INVESTMENT INTEREST 8,000 5,136 1,837 6,163 23% INTEREST ON COUNTY TAXES 1,250 1,373 1,163 87 93% INTEREST - COURT COLLECTIONS 5,491 4,170 3,215 2,276 59% PARKING 8,790 9,027 7,447 1,343 85% SPACE/FACILITIES RENTALS 140,000 123,983 125,062 14,938 89% BRACKET ROOM RENTAL 3,040 3,145 4,325 (1,285) 142% LEASESLONG-TERM 143,000 120,980 124,024 18,976 87% VENDING MACHINE/CONCESSION 4,500 5,512 6,354 (1,854) 141% OTHER RENTS &USE CHARGES 6,200 5,745 8,906 (2,706) 144% PARKSDONATIONS 4,300 6,742 9,100 (4,800) 212% BIRD FEST CONTRIBUTIONS 1,400 1,527 1,448 (48) 103% PARKS GRANTS- PRIVATE SOURCES - - 1,235 (1,235) 0% SALE OF JUNK/SALVAGE 1,486 1,080 - 1,486 0% SALES OF UNCLAIM PROPERTY 1,750 1,171 2,564 (814) 147% CONFISCATED AND FORFEITED PROPERTY - - 1,249 (1,249) 0% OT HER JUDGEMENT SETTLEMENT - - 6,367 (6,367) 0% POLICE JUDGMENT S✓RESTITUTION 465 150 95 370 20% CASHIERS OVERAGES/SHORT AGES 44 36 60 (16) 136% OTHER MISC REVENUES 3,000 5,469 2,572 428 86% SMALL OVERPAYMENT 66 87 39 27 59% NSF FEES - PARKS & REC 182 180 210 (28) 115% NSF FEES - MUNICIPAL COURT 978 505 649 329 66% NSF FEES - POLICE 91 60 - 91 0% NSF FEES -DEVELOPMENT SERVICES DEPT - - 150 (150) 0% FLEX -PLAN SERVICES FORFEITURES 1,368 - 1,368 (0) 100% 335,401 296,077 309,439 25,962 92% TRANSFERS -IN: INSURANCE RECOVERIES - - - 0% INTERFUND TRANSFER -IN - - - 0% INTERFUND TRANSFER- In (From 121) 25,086 19,473 12,543 12,543 50% INTERFUND TRANSFER (From 127) 12,297 12,297 (0) 100% 37,383 19,473 24,841 12,542 66% TOTAL GENERAL FUND REVENUE $ 32,893,957 $ 22,229,739 $ 23,743,625 $ 9,148,832 72% 7 Packet Page 268 of 340 Page 1 of 6 C ITY OF EDMO NDS EXPENDITURES BY FUND - DETAIL Title SALARIES AND WAGES OVERTIME HOLIDAY BUY BACK BENEFIT S UNIFORMS SUPPLIES SMALL EQUIPMENT PROFESSIONAL SERVICES COMMUNICATIONS TRAVEL ADVERTISING RENT AL/LEASE INSURANCE UTILITIES REPAIRS & MAINTENANCE MISCELLANEOUS INTERGOVERNMENTAL SERVICES ECA CONTINGENCY RESERVE EXCISE TAXES INTERFUND TRANSFER 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 LEOFF-MEDICAL INS. RESERVE(009) BENEFIT S IN HOME LTC CLAIMS PROFESSIONAL SERVICES MISCELLANEOUS RISK MANAGEMENT RESERVE FUND (011) MISCELLANEOUS HIS TO RIC PRESERVATIO N GIFT FUND (014) SUPPLIES PROFESSIONAL SERVICES ADVERTISING MISCELLANEOUS BUILDING MAINTENANCE SUBFUND (016) SUPPLIES PROFESSIONAL SERVICES REPAIRS & MAINTENANENCE MISCELLANEOUS CONSTRUCTION PROJECTS DRUG INFO RC EMIENT FUND (104) SUPPLIES FUEL CONSUMED SMALL EQUIPMENT COMMUNICATIONS REPAIR/MAINT MISCELLANEOUS INTERGOVTLSVC 2013 Amended 9/30/2012 9/30/2013 Amount Budget Expenditures Expenditures Remaining %Spent $ 12,070,320 $ 8,811,354 $ 8,923,104 $ 3,147,216 74% 424,100 305,721 313,226 110,874 74% 193,388 2,526 3,481 189,907 2% 4,093,506 3,080,500 3,089,887 1,003,619 75% 61,110 41,941 35,365 25,745 58% 374,244 261,100 220,771 153,473 59% 117,050 103,528 83,600 33,450 71% 2,044,934 1,159,301 1,179,059 865,875 58% 204,660 135,988 136,152 68,508 67% 36,742 14,287 12,740 24,002 35% 40,865 30,072 16,677 24,188 41% 834,943 98,408 622,412 212,531 75% 396,193 420,109 397,566 (1,373) 100% 429,600 314,456 340,207 89,393 79% 320,547 164,176 172,921 147,626 54% 281,248 215,492 224,460 56,788 80% 8,099,655 6,167,836 7,651,420 448,235 94% 190,000 80,635 - 190,000 0% 5,500 5,296 4,037 1,463 73% 1,575,185 2,434,926 762,056 813,129 48% 85,000 13,097 22,735 62,265 27% 946,595 - - 946,595 0% 64,014 63,380 64,014 0 100% - - 478 (478) 0% 185,614 149,706 93,776 91,838 51% 5,000 1,125 - 5,000 0% 201,800 102,473 - 201,800 0% 48,000 322,695 36,000 12,000 75% 33,329,813 24,500,129 24,406,144 8,923,669 73°0 $ 435,000 $ 317,406 $ 148,974 $ 286,026 34% 176,400 115,760 77,501 98,899 44% 8,000 7,186 6,081 1,919 76% - 250 250 (250) 0% 619,400 440,602 S 232,806 386,594 38% $ 661,000 $ 555,907 $ 105,093 84% 661,000 $ S 555,907 105,093 84% $ 2,000 $ $ $ 2,000 0% 2,000 - 2,000 0% 1,000 - 1,000 0% 10,000 5,280 4,720 53% 15,000 5,280 9,720 35% $ 10,000 $ - $ 919 $ 9,081 9% 20,000 10,225 15,382 4,618 77% 5,000 11,151 16,316 (11,316) 326% - - 1,865 (1,865) 0% 170,000 - - 170,000 0% 205,000 21,376 34,481 2,383 17% $ - $ - $ - $ 0% 2,000 1,682 3,262 (1,262) 163% 5,000 1,180 6,182 (1,182) 124% 2,233 1,677 2,538 (305) 114% 800 - 10 790 1% 20,000 10,000 5,000 15,000 25% 50,000 19,719 19,828 30,172 40% 80,033 34,258 36,820 43,213 46% Packet Page 269 of 340 0 Page 2 of 6 C ITY OF EDMO NDS EXPENDITURES BY FUND - DETAIL Title 2013 Amended Budget 9/30/2012 Expenditures 9/30/2013 Expenditures Amount Remaining %Spent STREETFUND (111) SALARIES AND WAGES $ 447,655 $ 403,199 $ 338,166 $ 109,489 76% OVERTIME 18,400 23,902 13,832 4,569 75% BENEFITS 197,283 176,469 148,806 48,477 75% UNIFORMS 6,000 4,760 3,724 2,276 62% SUPPLIES 240,000 150,894 118,116 121,884 49% SMALL EQUIPMENT 26,000 11,919 - 26,000 0% PROFESSIONAL SERVICES 12,700 20,473 4,230 8,470 33% COMMUNICATIONS 3,500 2,586 2,118 1,382 61% TRAVEL 1,000 310 210 790 21% ADVERTISING 350 - - 350 0% RENTAL/LEASE 159,134 4,231 119,840 39,294 75% INSURANCE 87,204 93,305 87,201 3 100% UTILITIES 267,750 167,541 166,725 101,025 62% REPAIRS& MAINTENANCE 45,000 7,525 12,160 32,840 27% MISCELLANEOUS 8,000 6,858 490 7,510 6% INTERGOVERNMENTAL SERVICES 4,000 1,080 1,045 2,955 26% INTERFUND TRANSFER 28,650 - 558 28,092 2% GENERAL OBLIGATION BOND PRINCIPAL 3,015 - - 3,015 0% INTEREST ON LONG-TERM EXTERNAL DEBT 2,074 3,100 1,037 1,037 50% INTEREFUND RENTAL - 143,208 - - 0% 1,557,715 1,221,360 1,018,259 539,456 65% COMBINED STREETCONST/IMPROVE(112) PROFESSIONAL SERVICES $ 1,272,100 $ 675,189 $ 482,685 $ 789,415 38% MISCELLANEOUS 26,428 - 26,427 1 100% INTERFUND TRANSFER OUT 378,500 41,694 41,498 337,003 11% LAND 909,400 - - 909,400 0% CONST SURFACE CONST PROJECTS 3,670,132 1,700 75,590 3,594,542 2% INTERGOVERNMENTAL LOANS 72,203 72,201 72,201 2 100% INTEREST ON INTERGOVERNMENTAL LOANS 4,481 4,840 4,479 2 100% INTERFUND SERVICES 326,000 105,193 92,041 233,959 28% 6,659,244 900,817 794,922 5,864,322 12% MUNICIPAL ARTS ACQUIS. FUND (117) SUPPLIES $ 6,970 $ 734 $ 3,065 $ 3,905 44% SMALL EQUIPMENT 1,000 523 141 859 14% PROFESSIONAL SERVICES 119,533 21,697 23,758 95,775 20% TRAVEL 50 10 54 (4) 108% ADVERTISING 4,000 4,000 5,550 (1,550) 139% RENTAL/LEASE 4,831 - 4,281 550 89% REPAIRS & MAINTENANCE 300 - - 300 0% MISCELLANEOUS 10,110 2,434 5,418 4,692 54% INTERFUND TRANSFER 3,000 - 3,000 0% 149,794 29,398 42,268 107,526 28% HO TEL/MO TEL TAX REVENUE FUND (120) PROFESSIONAL SERVICES $ 14,500 $ 8,554 $ 16,123 $ (1,623) 111% ADVERTISING 37,500 24,188 23,901 13,599 64% MISCELLANEOUS 2,500 1,446 157 2,343 6% INTERFUND TRANSFERS 14,000 2,000 12,000 2,000 86% 68,500 36,188 52,181 16,319 76% EMPLO YEE PARKING PERMIT FUND (121) SUPPLIES $ 1,640 $ 498 $ 1,642 $ (2) 100% SMALL EQUIPMENT - - 555 (555) 0% INTERFUND TRANSFER 25,086 12,543 12,543 12,543 50% 26,726 13,041 14,740 11,986 55% YOUTH SCHOLARSHIP FUND (122) MISCELLANEOUS $ 4,000 $ 3,375 $ 3,121 $ 879 78% 4,000 3,375 3,121 879 78% TOURISM PROMOTIONAL FUND/ARTS (123) PROFESSIONAL SVC $ 10,500 $ 2,533 $ 4,347 $ 6,153 41% ADVERTISING 4,500 3,865 605 3,895 13% MISCELLANEOUS 4,000 3,442 2,989 1,011 75% $ 19,000 $ 9,840 $ 7,940 $ 11,060 42% E Packet Page 270 of 340 Page 3 of 6 C ITY O F EDMO NDS EXPENDITURES BY FUND - DETAIL Title REAL ES TATE EXC IS E TAX 2 (125) SUPPLIES PROFESSIONAL SERVICES ADVERTISING RENT AL/LEASE UTILITIES REPAIRS & MAINTENANCE INTERFUND TRANSFER CONSTRUCTION PROJECTS INTERFUND SERVICES REAL ESTATEEXCISETAX1, PARKS ACQ (126) MISCELLANEOUS INTERFUND TRANSFER LAND GENERAL OBLIGATION BONDS INTEREST GIFTS CATALOG FUND (127) SUPPLIES PROFESSIONAL SERVICES INTERFUND TRANSFER SPECIAL PROJECTS FUND (129) PROFESSIONAL SERVICES CONSTRUCTION PROJECTS INTERFUND SERVICES CEIVVIEIIERY MAINTINANCUIMPRO VEMENT (130) SALARIES AND WAGES OVERTIME BENEFIT S UNIFORMS SUPPLIES SUPPLIES PURCHASED FOR INVENTORY/RESALE PROFESSIONAL SERVICES COMMUNICATIONS TRAVEL ADVERTISING RENT AL/LEASE UTILITIES REPAIRS & MAINTENANCE MISCELLANEOUS MACHINERY/EQUIP MENT INTERFUND RENTAL PARKS CONSTRUCTION FUND (132) SUPPLIES PROFESSIONAL SERVICES INTERFUND TRANSFER CONSTRUCTION PROJECTS INTERFUND SERVICES PARKS TRUST FUND (136) INTERFUND TRANSFER SISTER CITY COMMISSION (138) SUPPLIES STUDENT TRIP MISCELLANEOUS TRANSPORTATION BEVEFITDISTRICT(139) PROFESSIONAL SERVICES INSURANCE INTERFUND TRANSFER INTERGOVTL SERVICES 2013 Amended 9/30/2012 9/30/2013 Amount Budget Expenditures Expenditures Remaining %Spent $ 29,000 $ 41,070 $ 131,399 $ (102,399) 453% 337,000 76,416 21,116 315,884 6% - - 148 (148) 0% - 3,399 (3,399) 0% - - - - 0% 185,000 1,544 19,622 165,378 11 % 750,732 - - 750,732 0% 100,000 100,203 - 100,000 0% - - - - 0% 1,401,732 219,233 175,686 1,226,046 13% $ - $ - $ - $ - 0% 438,910 16,540 26,071 412,839 6% 200,000 - - 200,000 0% 17,550 - - 17,550 0% 12,074 63,737 6,037 6,037 50% 668,534 $ 80,277 32,108 $ 636,426 5% $ 22,020 $ 1,443 $ 9,312 $ 12,708 42% 9,000 - 6,553 2,447 73% 12,297 1,980 12,297 - 100% 43,317 3,423 28,162 15,155 65% $ 31,700 $ 5,978 $ 15,959 $ 15,741 50% 171,600 - 114,251 57,349 67% 19,500 4,768 25,982 (6,482) 133% 222,800 10,746 S 156,192 66,608 70% $ 68,605 $ 50,630 $ 51,643 $ 16,962 75% 3,500 2,272 2,020 1,480 58% 33,188 24,048 24,168 9,020 73% 1,000 - - 1,000 0% 7,000 2,774 479 6,521 7% 20,000 18,551 8,056 11,944 40% 1,000 200 200 800 20% 1,412 931 1,061 351 75% 500 1,531 - 500 0% 3,000 - 1,068 1,932 36% 5,256 - 3,942 1,314 75% 3,800 2,270 - 3,800 0% 500 2,678 - 500 0% 4,000 - 2,088 1,913 52% - 17,336 - - 0% - 5,445 - - 0% 152,761 128,666 S 94,723 58,038 62% $ - $ - $ - 0% 1,907,500 74,206 40,418 1,867,082 2% - 60,479 - - 0% 182,700 188,540 - 182,700 0% 3,000 20,395 1,114 1,886 37% 2,093,200 343,620 41,532 2,051,668 2% $ - $ 6,930 $ - $ 0% - 6,930 - 0% $ 500 $ 1,242 $ 222 $ 278 44% - - - - 0% 13,237 2,903 147 13,090 1% 13,737 4,145 369 13,368 3% $ - $ - $ 1,756 $ (1,756) 0% 5,000 5,000 5,000 - 100% 640,000 443,933 501,179 138,821 78% - 49,936 - - 0% 645,000 498,869 507,934 S 137,066 79% Packet Page 271 of 340 10 Page 4 of 6 Title LID FUND C O NTRO L (2 INTERFUND TRANSFER LIMITED TAX G.O. BOND FUND (234) 2002 BOND INTEREST 2012 LTGO DEBT SERVIC FUND (231) GENERAL OBLIGATION BOND INTEREST DEBT ISSUE COSTS WATER FUND (421) SALARIES AND WAGES OVERTIME BENEFIT S 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 MACHINERY/EQUIPMENT CONSTRUCTION PROJECTS GENERAL OBLIGATION BONDS REVENUE BONDS INTERGOVERNMENTAL LOANS INTEREST DEBT ISSUE COSTS OTHER INTERESF & DEBT SERVICE COSTS INTERFUND SERVICES INTERFUND REPAIR CITY OF EDMO NDS EXPENDITURES BY FUND - DETAIL 2013 Amended 9/30/2012 9/30/2013 Amount Budget Expenditures Expenditures Remaining %Spent $ 22,130 $ 106,000 $ - $ 22,130 0% 22,130 106,000 - 22,130 0% 136,786 $ - $ 0% .p - .p 1Jv, IOU y - M - v/0 $ 825,372 $ $ - $ 825,372 0% 184,530 92,264 92,266 50% - - - 0% 1,009,902 92,264 917,638 0% $ 756,455 N/A $ 541,175 $ 215,280 72% 24,180 N/A 16,286 7,894 67% 285,866 N/A 226,668 59,198 79% 6,840 N/A 3,859 2,981 56% 143,505 N/A 70,170 73,335 49% - N/A - - 0% 1,725,000 N/A 1,060,443 664,557 61% 140,000 N/A 66,772 73,228 48% 10,400 N/A 6,467 3,933 62% 173,136 N/A 212,348 (39,212) 123% 30,280 N/A 23,210 7,070 77% 3,400 N/A - 3,400 0% 560 N/A - 560 0% 91,205 N/A 68,709 22,496 75% 67,699 N/A 67,607 92 100% 28,000 N/A 22,943 5,057 82% 24,160 N/A 2,874 21,286 12% 307,630 N/A 241,211 66,419 78% 30,000 N/A 23,049 6,951 77% 904,893 N/A 710,918 193,975 79% 927,500 N/A - 927,500 0% 85,000 N/A - 85,000 0% 2,644,720 N/A 1,033,393 1,611,327 39% 2,025 N/A - 2,025 0% 209,471 N/A - 209,471 0% 45,839 N/A 45,839 0 100% 280,306 N/A 140,928 139,378 50% 16,553 N/A - 16,553 0% - N/A 175 (175) 0% 349,368 N/A 327,419 21,949 94% - N/A 48 (48) 0% 9,313,991 4,912,508 4,401,531 53% *Due to the change in enterprise fund structure from 2012 to 2013, these expenditures are shown as N/A 11 Packet Page 272 of 340 Page 5 of 6 C TTY OF EDMO NDS EXPENDITURES BY FUND - DETAIL Title 2013 Amended Budget 9/30/2012 Expenditures 9/30/2013 Expenditures Amount Remaining %Spent STORM FUND (422) SALARIES AND WAGES $ 568,591 N/A $ 381,177 $ 187,414 67% OVERTIME 6,000 N/A 9,289 (3,289) 155% BENEFITS 232,141 N/A 159,405 72,736 69% UNIFORMS 6,540 N/A 5,026 1,514 77% SUPPLIES 50,000 N/A 24,253 25,747 49% SMALL EQUIPMENT 4,400 N/A 2,064 2,336 47% PROFESSIONAL SERVICES 599,190 N/A 465,199 133,991 78% COMMUNICATIONS 3,480 N/A 1,381 2,099 40% TRAVEL 4,300 N/A 864 3,436 20% ADVERTISING 500 N/A - 500 0% RENTAL/LEASE 217,412 N/A 162,186 55,226 75% INSURANCE 8,418 N/A 8,407 11 100% UTILITES 10,000 N/A 6,534 3,466 65% REPAIR&MAINTENANCE 11,860 N/A 5,962 5,898 50% MISCELLANEOUS 106,100 N/A 71,834 34,266 68% INTERGOVERNMENTAL SERVICES 45,000 N/A 22,068 22,932 49% INTERFUND TAXESAND OPERATING ASSESSMENT 291,600 N/A 229,038 62,562 79% INTERFUND TRANSFER 237,766 N/A - 237,766 0% CONSTRUCTION PROJECTS 1,478,400 N/A - 1,478,400 0% GENERAL OBLIGATION BONDS 101,469 N/A - 101,469 0% REVENUE BONDS 82,906 N/A - 82,906 0% INTERGOVERNMENTAL LOANS 32,063 N/A 32,063 1 100% INTEREST 187,245 N/A 94,584 92,661 51% OTHER INT EREST & DEBT SERVICE COSTS - N/A 83 (83) 0% INTERFUND PROFESSIONAL SERVICES 300,391 N/A 412,592 (112,201) 137% 4,585,772 2,094,008 2,491,764 46% SEWER FUND (423) SALARIES AND WAGES $ 1,653,859 N/A $ 1,144,302 $ 509,557 69% OVERTIME 73,000 N/A 68,931 4,069 94% BENEFITS 677,979 N/A 480,050 197,929 71% UNIFORMS 11,190 N/A 7,882 3,308 70% SUPPLIES 482,505 N/A 192,741 289,764 40% FUEL CONSUMED 90,000 N/A 109,801 (19,801) 122% SUPPLIES PURCHASED FOR INV OR RESALE 3,000 N/A - 3,000 0% SMALL EQUIPMENT 16,400 N/A 13,966 2,434 85% PROFESSIONAL SERVICES 1,152,083 N/A 1,060,242 91,841 92% COMMUNICATIONS 40,280 N/A 26,554 13,726 66% TRAVEL 7,400 N/A 380 7,020 5% ADVERTISING 2,500 N/A - 2,500 0% RENTAL/LEASE 133,736 N/A 98,856 34,880 74% INSURANCE 157,117 N/A 156,092 1,025 99% UTILITIES 931,200 N/A 687,696 243,504 74% REPAIR&MAINTENANCE 90,000 N/A 107,256 (17,256) 119% MISCELLANEOUS 211,100 N/A 145,973 65,127 69% INTERGOVERNMENTAL SERVICES 290,000 N/A 93,829 196,171 32% INTERFUND TAXES AND OPERATING ASSESSMENT 470,000 N/A 359,115 110,885 76% INTERFUND TRANSFERS 1,125,280 N/A 157,651 967,629 14% MACHINERY/EQUIPMENT 141,000 N/A - 141,000 0% CONSTRUCTION PROJECTS 9,104,110 N/A 3,186,822 5,917,288 35% GENERAL OBLIGATION BONDS 189,978 N/A - 189,978 0% REVENUE BONDS 222,625 N/A - 222,625 0% INTERGOVERNMENTAL LOANS 138,939 N/A 143,620 (4,681) 103% INTEREST 131,045 N/A 69,705 61,340 53% DEBT ISSUE COSTS 16,551 N/A - 16,551 0% OTHER TNT EREST & DEBT SERVICE COSTS - N/A 41 (41) 0% INTERFUND PROFESSIONAL SERVICES 598,589 N/A 443,149 155,440 74% 18,161,466 8,754,654 $ 9,406,812 48% BOND RESERVE FUND (424) OTHER INTEREST & DEBT SERVICE COSTS $ - N/A $ 57,335 (57,335) 0% DEBT ISSUE COSTS - N/A 24,760 (24,760) 0% - 82,095 (82,095) 0% *Due to the change in enterprise fund structure from 2012 to 2013, these expenditures are shown as N/A 12 Packet Page 273 of 340 Page 6 of 6 CITY OF EDMO NDS EXPENDITURES BY FUND - DEIAAIL Title 2013 Amended Budget 9/30/2012 Expenditures 9/30/2013 Expenditures Amount Remaining %Spent EQUIPMENT RENTAL FUND (511) SALARIES AND WAGES $ 228,064 $ 160,146 $ 129,577 $ 98,487 57% OVERTIME 1,000 906 886 114 89% BENEFITS 100,397 76,812 58,834 41,563 59% UNIFORMS 1,000 527 547 453 55% SUPPLIES 76,000 68,048 72,436 3,564 95% FUEL CONSUMED 1,000 756 - 1,000 0% SUPPLIES PURCHASED FOR INVENTORY/RESALE 321,800 233,552 142,972 178,828 44% SMALL EQUIPMENT 8,000 5,007 20,241 (12,241) 253% PROFESSIONAL SERVICES 1,000 437 1,508 (508) 151% COMMUNICATIONS 3,000 1,026 1,002 1,998 33% RENTAL/LEASE 9,996 8,609 6,967 3,029 70% INSURANCE 34,083 32,530 34,153 (70) 100% UTILITIES 14,000 8,764 8,531 5,469 61% REPAIRS & MAINTENANCE 60,000 23,239 34,307 25,693 57% MISCELLANEOUS 6,000 5,666 4,454 1,546 74% INTERGOVERNMENTAL SERVICES 2,500 1,440 1,394 1,106 56% MACHINERY/EQUIPMENT 217,532 406,264 46,927 170,605 22% INTERFUND SERVICES 10,000 - - 10,000 0% 1,095,372 1,033,729 S 564,737 530,635 52% FIREMEN'S PENSION FUND (617) BENEFITS $ 63,000 $ 41,509 $ 19,032 $ 43,968 30% PENSION AND DISABILITY PAYMENTS 43,790 28,167 44,072 (282) 101% PROF SERVICES 2,000 1,065 1,169 831 58% 108,790 70,741 S 64,273 44,517 59% TOTAL EXPENDITURE ALL FUNDS 82,933,729 29,853,549 44,806,114 38,031,902 54% 13 Packet Page 274 of 340 CITY OF EDMO NDS EXPENDITURES - GENERAL FUND - BY DEPARTMENT IN SUMMARY Title CITY COUNCIL OFFICE OF MAYOR HUMAN RESOURCES MUNICIPAL COURT CITY CLERK ADMINISTRATIVE SERVICES CITY ATTORNEY NON -DEPARTMENTAL POLICE SERVICES COMMUNITY SERVICES✓ECONOMIC DEV DEVELOPMENT SERVICES PARKS & RECREATION PUBLIC WORKS FACILITIES MAINTENANCE 2013 Amended 9/30/2012 9/30/2013 Amount Budget Expenditures Expenditures Remaining %Spent $ 273,623 $ 184,190 $ 206,591 $ 67,032 76% 240,866 170,105 175,704 65,162 73% 296,058 166,941 189,163 106,895 64% 729,506 542,542 539,339 190,167 74% 586,831 372,951 409,740 177,091 70% 1,518,518 971,303 1,012,437 506,081 67% 499,200 371,126 360,467 138,733 72% 11,675,354 9,326,742 8,883,176 2,792,178 76% 8,973,400 6,195,697 6,439,813 2,533,587 72% 377,764 316,658 265,038 112,726 70% 1,653,042 1,168,601 1,155,315 497,727 70% 3,442,517 2,546,929 2,534,360 908,157 74% 1,718,975 1,200,068 1,259,054 459,921 73% 1,344,159 966,285 975,946 368,213 73% $ 33,329,813 $ 24,500,129 $ 24,406,144 $ 8,923,669 73% CITY OF EDMO NDS EXPENDITURES - UTILITY- BY FUND IN SUMMARY Title 2013 Amended Budget 9/30/2012 Expenditures 9/30/2013 Expenditures Amount Remaining %Spent WATER UTILITYFUND $ 9,313,991 N/A $ 4,912,508 $ 4,401,483 53% STORM UTILITY FUND 4,585,772 N/A 2,094,008 2,491,764 46% SEWER/WWTP UTILITY FUND 18,161,466 N/A 8,754,654 9,406,812 48% $ 32,061,229 $ 15,761,170 $ 16,300,059 49% *Due to the change in enterprise fund structure from 2012 to 2013, these expenditures are shown as N/A 14 Packet Page 275 of 340 Page 1 of 4 CITY OF FDMO NDS EXPENDITURES - GENERAL FUND - BY DEPARTMENT IN DETAIL Title 2013 Amended Budget 9/30/2012 Expenditures 9/30/2013 Expenditures Amount Remaining %Spent C ITY C O UNC IL SALARIES $ 114,618 $ 79,043 $ 88,278 $ 26,340 77% OVERTIME 2,000 4,340 400 1,600 20% BENEFITS 68,165 52,990 52,474 15,691 77% SUPPLIES 1,000 573 151 849 15% PROFESSIONAL SVC 53,082 37,523 49,958 3,124 94% COMMUNICATIONS 3,000 2,039 2,081 919 69% TRAVEL 2,500 879 486 2,014 19% RENTAL/LEASE 490 348 344 146 70% REPAIRS/MAINT 1,500 - 55 1,445 4% MISCELLANEOUS 27,268 6,445 12,366 14,902 45% $ 273,623 $ 184,180 $ 206,591 $ 67,032 76% OFFICEOFMAYOR SALARIES $ 185,987 $ 133,524 $ 139,490 $ 46,497 75% OVERTIME - - - - 0% BENEFITS 42,079 30,579 31,719 10,360 75% SUPPLIES 2,000 625 997 1,003 50% PROFESSIONAL SVC 1,500 - 59 1,441 4% COMMUNICATION 1,400 822 680 720 49% TRAVEL 2,000 738 594 1,406 30% RENTAL/LEASE 2,400 1,901 1,466 934 61% REPAIR/MAINT 500 - - 500 0% MISCELLANEOUS 3,000 1,916 700 2,300 23% $ 240,866 $ 170,105 $ 175,704 $ 65,162 73% HUMAN RESOURCES SALARIES $ 169,000 $ 66,795 $ 122,522 $ 46,478 72% OVERTIME - - - - 0% BENEFITS 61,680 24,874 36,782 24,898 60% SUPPLIES 2,000 1,537 3,320 (1,320) 166% SMALL EQUIPMENT 100 - - 100 0% PROFESSIONAL SVC 39,500 61,938 12,942 26,558 33% COMMUNICATIONS 500 274 346 154 69% TRAVEL 500 - 572 (72) 114% ADVERTISING 5,000 683 2,632 2,368 53% RENTAL/LEASE 2,000 1,826 1,467 533 73% REPAIR/MAINT 6,000 4,820 5,349 651 89% MISCELLANEOUS 9,778 4,195 3,232 6,546 33% $ 296,058 $ 166,941 $ 189,163 $ 106,895 64% MUNIC IPAL C O URT SALARIES $ 464,471 $ 346,392 $ 350,558 $ 113,913 75% OVERTIME 100 572 16 84 16% BENEFITS 168,526 125,377 115,953 52,574 69% SUPPLIES 9,159 7,055 10,634 (1,475) 116% SMALL EQUIPMENT 2,000 - 1,357 643 68% PROFESSIONAL SERVICES 60,500 40,718 49,706 10,794 82% COMMUNICATIONS 2,600 1,629 1,625 975 63% TRAVEL 1,250 1,642 1,652 (402) 132% RENTAL/LEASE 650 500 753 (103) 116% REPAIR/MAINT 1,000 966 409 591 41% MISCELLANEOUS 19,250 17,600 6,676 12,574 35% INTERGOVTL SVC - 92 - - 0% $ 729,506 $ 542,542 $ 539,339 $ 190,167 74% 15 Packet Page 276 of 340 Page 2 of 4 CITY OF EDMO NDS EXPENDITURES - GENERAL FUND - BY DEPARTMENT IN DETAIL Title 2013 Amended Budget 9/30/2012 Expenditures 9/30/2013 Expenditures Amount Remaining %Spent CITY CLERK SALARIES AND WAGES $ 305,572 $ 217,935 $ 234,429 $ 71,143 77% BENEFITS 92,771 67,856 71,938 20,833 78% SUPPLIES 13,760 6,321 6,274 7,486 46% SMALL EQUIPMENT - - 1,010 (1,010) 0% PROFESSIONAL SERVICES 84,751 13,061 33,896 50,855 40% COMMUNICATIONS 50,000 28,703 36,188 13,812 72% TRAVEL 250 7 57 193 23% ADVERTISING 3,690 16,316 2,805 885 76% RENTAL/LEASE 25,000 12,216 12,006 12,994 48% REPAIRS& MAINTENANCE 8,037 7,778 8,210 (173) 102% MISCELLANEOUS 3,000 2,757 2,928 72 98% $ 586,831 $ 372,951 $ 409,740 $ 177,091 70% ADMINISTRATIVE SERVICES SALARIES $ 661,370 $ 535,738 $ 508,200 $ 153,170 77% OVERTIME 8,000 5,411 6,205 1,795 78% BENEFITS 214,100 169,389 161,067 53,033 75% SUPPLIES 35,700 23,754 11,500 24,200 32% SMALL EQUIPMENT 87,500 60,278 63,963 23,537 73% PROFESSIONAL SERVICES 175,850 31,787 95,727 80,123 54% COMMUNICATIONS 58,960 45,312 38,273 20,687 65% TRAVEL 3,300 1,108 844 2,456 26% RENTAL/LEASE 8,988 3,872 6,372 2,616 71% REPAIR/MAINT 171,750 76,329 79,725 92,025 46% MISCELLANEOUS 8,000 18,325 17,827 (9,827) 223% MACHINERY/EQUIPMENT 85,000 - 22,735 62,265 27% $ 1,518,518 $ 971,303 $ 1,012,437 $ 506,081 67% CITY ATTORNEY PROFESSIONAL SVC $ 499,200 $ 370,926 $ 360,467 $ 138,733 72% MISC PROSECUTOR - 200 - - 0% $ 499,200 $ 371,126 $ 360,467 $ 138,733 72% NON -DEPARTMENTAL SALARIES $ 93,785 $ - $ - $ 93,785 0% BENEFITS -UNEMPLOYMENT 40,000 33,756 16,680 23,320 42% PROFESSIONAL SVC 380,000 168,192 159,105 220,895 42% COMMUNICATIONS - 4 - - 0% RENTAL/LEASE 3,600 3,600 3,600 100% INSURANCE 396,193 420,109 397,566 (1,373) 100% MISCELLANEOUS 55,156 40,023 54,993 163 100% INTERGOVT SVC 7,532,912 5,824,351 7,326,870 206,042 97% ECA LOAN PAYMENT 190,000 80,635 - 190,000 0% EXCISE TAXES 5,500 5,296 4,037 1,463 73% INTERFUND TRANSFERS 1,575,185 2,434,926 762,056 813,129 48% GENERAL OBLIGATION BOND 946,595 - - 946,595 0% INSTALLMENT PURCHASES 64,014 63,380 64,014 0 100% OTHER DEBT - - - - 0% INTEREST ON LONG-TERM DEBT 185,614 149,706 93,776 91,838 51% DEBT ISSUANCE COSTS 5,000 1,125 - 5,000 0% FISCAL AGENT FEES - - 478 (478) 0% INTERFUND SERVICES 201,800 101,638 - 201,800 0% $ 11,675,354 $ 9,326,742 $ 8,883,176 $ 2,792,178 76% 16 Packet Page 277 of 340 Page 3 of 4 C TTY OF EDMO NDS EXPENDITURES - GENERAL FUND - BY DEPARTMENT IN DETAIL Title PO LIC E S ERVIC ES SALARIES OVERTIME HOLIDAY BUYBACK BENEFIT S UNIFORMS SUPPLIES SMALL EQUIPMENT PROFESSIONAL SVC COMMUNICATIONS TRAVEL ADVERTISING RENTAL/LEASE REPAIR/MAINT MISCELLANEOUS INTERGOVTL SVC INTERFUND RENTAL INTERFUND REPAIRS C O MMUNITY S ERVIC ES /EC O N DEV. SALARIES BENEFITS SUPPLIES SMALL EQUIPMENT PROFESSIONAL SVC COMMUNICATIONS TRAVEL ADVERTISING RENT AL/LEASE REPAIR/MAINT MISCELLANEOUS DEVELO PMENT SERVIC ES/PLANNING SALARIES OVERTIME BENEFIT S UNIFORMS SUPPLIES MINOR EQUIPMENT PROFESSIONAL SVC COMMUNICATIONS TRAVEL ADVERTISING RENT AL/LEASE REPAIRS & MAINTENANCE MISCELLANEOUS ENGINEERING SALARIES OVERTIME BENEFIT S UNIFORMS SUPPLIES MINOR EQUIPMENT PROFESSIONAL SVC COMMUNICATIONS TRAVEL ADVERTISING RENT AL/LEASE REPAIR/MAINT MISCELLANEOUS 2013 Amended 9/30/2012 9/30/2013 Amount Budget Expenditures Expenditures Remaining %Scent $ 5,206,408 $ 3,799,465 $ 3,825,496 $ 1,380,912 73% 400,000 280,437 299,180 100,820 75% 193,388 2,526 3,481 189,907 2% 1,733,520 1,317,269 1,345,961 387,559 78% 52,410 38,089 31,391 21,019 60% 94,100 65,591 49,581 44,519 53% 14,300 4,868 12,240 2,060 86% 95,200 62,488 69,851 25,349 73% 33,592 19,073 16,480 17,112 49% 16,300 7,885 6,956 9,344 43% 375 66 73 302 19% 538,344 11,623 401,404 136,940 75% 16,115 4,667 5,775 10,340 36% 35,300 30,657 16,394 18,906 46% 496,048 309,586 319,550 176,498 64% 48,000 240,627 36,000 12,000 75% - 780 - - 0% $ 8,973,400 $ 6,195,697 $ 6,439,813 $ 2,533,587 72% $ 213,304 $ 157,952 $ 160,196 $ 53,108 75% 62,052 46,755 47,871 14,181 77% 1,500 1,745 422 1,078 28% 800 - - 800 0% 65,254 96,545 45,558 19,696 70% 1,490 772 1,119 371 75% 2,000 18 17 1,983 1% 24,500 8,314 5,602 18,898 23% 2,364 2,301 1,737 627 73% 500 - - 500 0% 4,000 2,256 2,517 1,484 63% $ 377,764 $ 316,658 $ 265,038 $ 112,726 70% $ 1,032,549 $ 780,943 $ 787,690 $ 244,859 76% 1,300 2,360 113 1,187 9% 358,465 280,226 274,639 83,826 77% - - - - 0% 13,000 9,147 7,233 5,767 56% 1,100 550 293 807 27% 179,600 48,510 40,054 139,546 22% 4,000 3,772 3,045 955 76% 1,600 426 45 1,555 3% 3,000 1,834 3,084 (84) 103% 32,828 21,867 24,658 8,170 75% 500 606 112 388 22% 25,100 18,361 14,348 10,752 57% $ 1,653,042 $ 1,168,601 $ 1,155,315 $ 497,727 70% $ 1,007,140 $ 707,093 $ 723,770 $ 283,370 72% 5,000 2,146 1,199 3,801 24% 342,150 250,452 265,757 76,393 78% 360 122 - 360 0% - - - - 0% 2,000 2,398 766 1,234 38% 5,000 2,145 840 4,160 17% 6,700 4,028 4,149 2,551 62% 600 463 52 548 9% - - 264 (264) 0% 13,408 5,058 10,053 3,355 75% 1,800 895 38 1,762 2% 10,300 8,804 7,105 3,195 69% $ 1,394,458 $ 983,604 $ 1,013,993 $ 380,465 73% Packet Page 278 of 340 17 Page 4 of 4 CITY OF EDMO NDS EXPENDITURES - GENERAL FUND - BY DEPARTMENT IN DETAIL Title PARKS & RECREATION SALARIES OVERTIME BENEFIT S UNIFORMS SUPPLIES MINOR EQUIPMENT PROFESSIONAL SVC COMMUNICATIONS TRAVEL ADVERTISING RENT AL/LEASE PUBLIC UTILITY REPAIR/MAINT MISCELLANEOUS MACHINERY/EQUIP MENT INTERGOVTLSVC PUBLIC WORKS SALARIES OVERTIME BENEFIT S SUPPLIES PROFESSIONAL SERVICES COMMUNICATIONS TRAVEL RENTAL/LEASE PUBLIC UTILITY REPAIR/MAINT MISCELLANEOUS FACILITIES MAINTENANCE SALARIES OVERTIME BENEFIT S UNIFORMS SUPPLIES TRAVEL MINOR EQUIPMENT COMMUNICATIONS RENT AL/LEASE PUBLIC UTILITY REPAIR/MAINT MISCELLANEOUS TOTAL GENERAL FUND EXPENDITURES 2013 Amended 9/30/2012 9/30/2013 Amount Budget Expenditures Expenditures Remaining %Scent $ 1,769,631 $ 1,373,840 $ 1,332,662 $ 436,969 75% 5,000 8,693 5,967 (967) 119% 584,326 448,683 441,662 142,664 76% 5,340 2,191 2,890 2,450 54% 131,925 89,145 81,412 50,513 62% 3,250 33,568 1,959 1,291 60% 405,297 225,430 260,858 144,439 64% 28,218 18,940 21,060 7,158 75% 5,942 1,119 1,465 4,477 25% 4,300 2,859 2,218 2,082 52% 149,152 94,700 121,316 27,836 81% 150,000 112,636 139,109 10,891 93% 51,845 27,763 33,636 18,209 65% 77,596 60,457 83,146 (5,550) 107% - 13,097 - - 0% 70,695 33,808 5,000 65,695 7% $ 3,442,517 $ 2,546,929 $ 2,534,360 $ 908,157 74% $ 225,381 $ 159,112 $ 183,623 $ 41,758 81% 200 - - 200 0% 76,157 48,861 50,562 25,595 66% 5,100 3,010 3,764 1,336 74% 200 38 39 161 19% 1,200 826 1,099 101 92% 500 - - 500 0% 10,779 2,225 3,256 7,523 30% 2,600 1,694 1,719 881 66% 1,000 - - 1,000 0% 1,400 699 999 401 71% $ 324,517 $ 216,464 $ 245,061 $ 79,456 76% $ 621,104 $ 453,523 $ 466,190 $ 154,914 75% 2,500 1,761 145 2,355 6% 249,515 183,434 176,822 72,693 71% 3,000 1,538 1,084 1,916 36% 65,000 52,597 45,484 19,516 70% - 2 - - 0% 6,000 1,866 2,013 3,987 34% 13,000 9,795 10,007 2,993 77% 44,940 18,495 33,980 10,960 76% 277,000 200,126 199,379 77,621 72% 60,000 40,352 39,613 20,387 66% 2,100 2,796 1,230 870 59% $ 1,344,159 $ 966,285 $ 975,946 $ 368,213 73% $ 33,329,813 $ 24,500,129 $ 24,406,144 $ 8,923,669 73% Packet Page 279 of 340 18 City of Edmonds, WA Monthly Revenue Summary -General Fund 2013 General Fund Cumulative Monthly YTD Variance Budget Forecast Budget Forecast Actuals % January $ 1,217,319 $ 1,217,319 $ 1,818,957 49.42% February 3,005,039 1,787,720 3,696,503 23.01% 30000000 March 5,075,267 2,070,227 5,680,288 11.92% 24000000 April 7,697,260 2,621,993 9,353,758 21.52% May 15,072,629 7,375,370 16,511,968 9.55% 18000000 June 16,723,612 1,650,983 18,268,819 9.24% July 18,650,913 1,927,301 20,092,060 7.73% 12000000 August 20,262,440 1,611,526 21,933,664 8.25% 6000000 September 21,840,040 1,577,601 23,743,625 8.72% General Fund October 24,521,445 2,681,405 0 November 31,237,012 6,715,567 JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC December 32,893,957 1,656,945 --*--Current Year Budget—iw—PriorYeaz 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 $ 55,778 $ 55,778 $ 69,441 24.49% February 90,478 34,700 115,535 27.69% March 125,274 34,796 257,285 105.38% April 181,702 56,428 311,272 71.31% May 237,805 56,103 353,545 48.67% June 293,909 56,104 444,366 51.19% July 353,267 59,358 535,072 51.46% August 420,422 67,155 613,259 45.87% September 484,359 63,937 698,389 44.19% October 552,822 68,463 November 607,861 55,039 December 650,000 42,139 Real Estate Excise Tax 1000000 800000 600000 400000 200000 0 , JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC Current Year Budget —dr-- Prior Year Packet Page 280 of 340 19 City of Edmonds, WA Monthly Revenue Summary -Sales and Use Tax 2013 Sales and Use Tax Cumulative Monthly YTD Variance Sales and Use Tax Budget Forecast Budget Forecast Actuals % 6000000 January $ 392,903 $ 392,903 $ 406,956 3.58% 5000000 February 882,320 489,417 894,736 1.41% 4000000 March 1,238,984 356,664 1,265,893 2.17% April 1,604,214 365,230 1,641,662 2.33% 3000000 May 2,031,089 426,875 2,155,612 6.13% June 2,415,896 384,807 2,570,795 6.41% 2000000 July 2,803,625 387,729 2,994,986 6.83% ' 1000000 August 3,252,578 448,952 3,451,034 6.10% September 3,657,014 404,436 3,901,282 6.68% 0 October 4,072,784 415,770 JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC November 4,526,767 453,983 December 4,913,150 386,383 Current Year Budget-0--PriorYear City of Edmonds, WA Monthly Revenue Summary -Gas Utility Tax 2013 Gas Utility Tax Cumulative Monthly YTD Variance Gas Utility Tax Budget Forecast Budget Forecast Actuals % 900000 January $ 112,486 $ 112,486 $ 94,836 -15.69% 800000 February 229,224 116,737 220,665 -3.73% 700000 -� March 336,151 106,927 303,170 -9.81% 600000 April 429,023 92,872 369,694 -13.83% 500000 May 504,596 75,573 437,820 -13.23% 400000 June 561,065 56,469 473,725 -15.57% July 603,809 42,744 505,954 -16.21% 300000 August 634,288 30,479 530,649 -16.34% 200000 September 661,890 27,602 552,442 -16.54% 100000 October 691,093 29,203 0 November 739,711 48,618 JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC December 811,174 71,463 Current Year Budget -dr-- Prior Year 20 Packet Page 281 of 340 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 107,059 $ 232,047 373,485 490,181 620,774 737,081 866,748 1,002,235 1,103, 617 1,258,978 1,352,112 1,529,498 Telephone Utility Tax 1600000 107,059 $ 134,596 25.72% 1400000 124,988 252,444 8.79% 1200000 141,439 366,495 -1.87% 116,696 484,087 -1.24% 1000000 130,593 598,247 -3.63% 800000 116,307 712,861 -3.29% 600000 129,667 823,494 -4.99% 400000 135,487 935,506 -6.66% 101,382 1,051,571 -4.72% 200000 155,360 0 93,134 JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC 177,386 --4-- Current Year Budget -*-- Prior Year City of Edmonds, WA Monthly Revenue Summary -Electric Utility Tax 2013 Dectric Utility Tax Cumulative Monthly YTD Variance Budget Forecast Budget Forecast Actuals % January $ February March April May June July August September October November December 157,586 $ 317,215 474,628 629,668 770,457 880,143 988,232 1,081,536 1,180, 052 1,266,232 1,372,866 1,475,638 lOVUUW 157,586 $ 153,240 -2.76% 1400000 159,628 326,077 2.79% 157,413 487,478 2.71% 1200000 155,040 641,845 1.93% 1000000 140,789 787,005 2.15% 800000 109,686 897,904 2.02% 600000 108,088 997,566 0.94% 93,304 1,102,559 1.94% 400000 98,516 1,202,643 1.91% 200000 86,180 Electric Utility Tax ti 4y 0 106,634 JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC 102,772 Current Year Budget t Prior Year Packet Page 282 of 340 21 City of Edmonds, WA Monthly Revenue Summary -Meter Water Sales 2013 Meter Water Sales Cumulative Monthly YTD Variance Budget Forecast Budget Forecast Actuals % January $ February March April May June July August September October November December 347,623 $ 651,849 1,067,462 1,359,550 1,783,049 2,093,928 2,569,516 2,993,552 3,592,341 4,018,622 4,521,753 4,837,500 347,623 $ 437,117 25.74% 304,227 730,089 12.00% 5000000 415,613 1,164,370 9.08% 4000000 292,088 1,452,341 6.83% 423,499 1,878,909 5.38% 3000000 310,879 2,208,023 5.45% 475,588 2,731,972 6.32% 2000000 424,036 3,181,544 6.28% 1000000 598,790 3,802,117 5.84% Meter Water Sales 426,281 0 ! 503,131 JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC 315,747 --4-- Current Year Budget —*-- Prior Year City of Edmonds, WA Monthly Revenue Summary -Storm Water Sales 2013 Storm Water Sales Cumulative Monthly YTD Variance Budget Forecast Budget Forecast Actuals % January $ February March April May June July August September October November December 117,844 $ 579,476 793,715 984,066 1,198, 804 1,389,306 1,605,385 2,081,108 2,302,939 2,499,013 2,719,600 2,916,000 117,844 $ 206,626 -2.76% /:)vvvuu 461,633 650,563 2.79% 2000000 214,239 857,252 2.71% 190,351 1,041,396 1.93% 1500000 214,738 1,248,687 2.15% 190,502 1,432,755 2.02% 1000000 216,078 1,640,860 2.21% 500000 475,723 2,083,849 0.13% 221 831 2 290 999 -0 52% Storm Water Sales 0 196,074 JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC 220,586 196,400 Current Year Budget -*I'- Prior Year Packet Page 283 of 340 22 City of Edmonds, WA Monthly Revenue Summary-Unmeter Sewer Sales 2013 Unmeter Sewer Sales Cumulative Monthly YrD Variance Budget Forecast Budget Forecast Actuals % Unmeter Sewer Sales January $ February March April May June July August September October November December 368,573 $ 739,189 1,192,379 1,561,692 2,020,421 2,393,961 2,860,441 3,236,691 3,711,615 4,088,150 4,558,319 4,935,000 5000000 368,573 $ 430,475 16.80% 370,616 776,988 5.11% 4000000 453,190 1,208,782 1.38% 369,313 1,556,465 -0.33% 3000000 458,729 1,988,901 -1.56% 373,540 2,339,183 -2.29% 2000000 466,480 2,784,857 -2.64% 376,249 3,139,291 -3.01% 1000000 474,925 3,594,704 -3.15% 376,535 0 470,169 JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC 376,681 Current Year Budget t Prior Year Packet Page 284 of 340 23 City of Edmonds, WA Monthly Expenditure Report -General Fund 2013 General Fund Cumulative Monthly YTD Variance Budget Forecast Budget Forecast Actuals % January $ 3,246,918 $ 3,246,918 $4,106,837 26.48% February 5,721,398 2,474,481 5,821,040 1.74% 30000000 March 7,959,850 2,238,451 9,553,606 20.02% 24000000 April 11,056,226 3,096,377 11,303,195 2.23% May 13,059,648 2,003,421 13,034,788 -0.19% 18000000 June 16,370,382 3,310,734 15,541,665 -5.06% July 19,175,140 2,804,758 19,021,011 -0.80% 12000000 August 21,653,820 2,478,680 20,865,159 -3.64% 6000000 September 24,506,343 2,852,524 24,406,144 -0.41% General Fund October 26,837,216 2,330,873 0 i November 29,387,955 2,550,738 JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC December 33,329,813 3,941,858 ---*--Current Year Budget—VP—PriorYeaz City of Edmonds, WA Monthly Expenditure Report -Non -Departmental 2013 Non -Departmental Cumulative Monthly YTD Variance Budget Forecast Budget Forecast Actuals % 14000UUU January $ 1,850,750 $ 1,850,750 $ 2,450,235 32.39% 12000000 February 2,398,875 548,126 2,488,604 3.74% March 2,730,636 331,761 4,520,241 65.54% 10000000 April 3,893,098 1,162,462 4,569,788 17.38% 8000000 May 4,106,886 213,788 4,665,570 13.60% June 5,908,180 1,801,294 5,464,269 -7.51% 6000000 July 6,725,281 817,101 7,050,688 4.84% 4000000 August 7,108,363 383,081 7,087,477 -0.29% September 8,030,573 922,210 8,883,176 10.62% 2000000 October 8,418,034 387,461 0 Non -Departmental November 8,835,656 417,622 JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC December 11,675,354 2,839,698 --#--CurrentYear Budget —I&— Prior Year 24 Packet Page 285 of 340 City of Edmonds, WA Monthly Expenditure Report -City Council 2013 City Council Cumulative Monthly YTD Variance Budget Forecast Budget Forecast Actuals City Council 300000 Office of Mayor 300000 250000 200000 150000 100000 50000 0 JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC � Current YearBudget �� Prior Year Packet Page 286 of 340 City of Edmonds, WA Monthly Expenditure Report -Human Resources 2013 Human Resources Cumulative Monthly YTD Variance Human Resources Budget Forecast Budget Forecast Actuals % 300000 January $ 22,078 $ 22,078 $ 19,264 -12.75% 250000 February 44,778 22,700 39,680 -11.38% March 73,759 28,981 59,024 -19.98% 200000 April 97,885 24,125 84,440 -13.73% May 123,450 25,565 105,495 -14.54% 150000 June 146,273 22,823 125,617 -14.12% July 170,756 24,483 148,360 -13.12% 100000 August 192,443 21,687 168,734 -12.32% 50000 September 219,283 26,840 189,163 -13.74% October 240,551 21,268 0 November 262,353 21,802 JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC December 296,058 33,705 --*--Current Year Budget -vr- Prior Year City of Edmonds, WA Monthly Expenditure Report -Municipal Court 2013 Municipal Court Cumulative Monthly YTD Variance Budget Forecast Budget Forecast Actuals Municipal Court 800000 Packet Page 287 of 340 City of Edmonds, WA Monthly Expenditure Report -Community Services/Economic Development 2013 Community Services/Economic Development Cumulative Monthly TrD Variance Budget Forecast Budget Forecast Actuals % January $ 23,903 $ 23,903 $ 23,455 -1.87% February 60,185 36,282 54,572 -9.33% March 91,793 31,608 82,365 -10.27% April 121,470 29,677 112,729 -7.20% May 154,163 32,693 141,547 -8.18% June 181,237 27,074 168,121 -7.24% July 219,725 38,487 204,034 -7.14% August 245,828 26,103 233,447 -5.04% September 275,198 29,370 265,038 -3.69% October 306,118 30,920 November 332,806 26,688 December 377,764 44,958 Community Services/Economic Development 500000 400000 ' 300000 200000 100000 0 JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC Current Year Budget -vr- Prior Year City of Edmonds, WA Monthly Expenditure Report -City Clerk 2013 Clerk Cumulative Monthly TrD Variance Budget Forecast Budget Forecast Actuals % F.0000 January $ February March April May June July August September October November December 46,581 $ 92,331 145,417 190,728 246,108 293,563 344,299 388,440 438,924 482,314 532,305 586,831 46,581 $ 37,742-18.98% 1500000 45,750 83,146 -9.95% 400000 53,085 132,277 -9.04% 45,311 174,295 -8.62% 300000 55,380 211,369 -14.12% 47,455 255,790 -12.87% 200000 50,736 299,585 -12.99% 100000 44,142 359,928 -7.34% 50,484 409,740 -6.65% 0 City Clerk 43,390 JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC 49,991 54,526 Current Year Budget -drm-PriorYear Packet Page 288 of 340 27 City of Edmonds, WA Monthly Expenditure Report -Information Services 2013 Information Services Cumulative Monthly YTD Variance Information Services Budget Forecast Budget Forecast Actuals % 800000 January $ 41,269 $ 41,269 $ 92,733 124.70% 700000 February 107,231 65,962 139,675 30.26% 600000 March 158,641 51,411 195,470 23.22% April 207,023 48,382 243,433 500000 17.59% May 261,979 54,956 273,992 4.59% 400000 - June 315,391 53,412 303,287 -3.84% 300000 July 362,173 46,782 335,108 -7.47% j 200000 August 424,531 62,358 368,611 -13.17% September 470,769 46,238 410,614 -12.78% 100000 October 532,119 61,350 0 November 602,123 70,004 JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC December 723,534 121,411 -*.-Current Year Budget -vr- Prior Year City of Edmonds, WA Monthly Expenditure Report -Finance 2013 Finance Cumulative Monthly YTD Variance Budget Forecast Budget Forecast Actuals Finance 800000 Packet Page 289 of 340 City of Edmonds, WA Monthly Expenditure Report -City Attorney 2013 City Attorney Cumulative Monthly YTD Variance Budget Forecast Budget Forecast Actuals % January $ February March April May June July August September October November December Police 41,600 $ 83,200 124,800 166,400 208,000 249,600 291,200 332,800 374,400 416,000 457,600 499,200 41,600 $ 45,000 8.17% 41,600 85,261 2.48% 400000 41,600 110,418-11.52% 41,600 163,684 -1.63% 300000 41,600 192,124 -7.63% 41,600 245,534 -1.63% 1200000- 41,600 284,215 -2.40% 41,600 324,528 -2.49% 100000 41,600 360,467 -3.72% 41,600 City Attorney • .'t 01 41,600 JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC 41,600 ---#.- Current Year Budget -*-- Prior Year City of Edmonds, WA Monthly Expenditure Report -Police 2013 Cumulative Monthly YTD Variance Budget Forecast Budget Forecast Actuals % January $ February March April May June July August September October November December 715,062 $ 1,417,014 2,156,086 2,853,510 3,544,071 4,329,085 5,050,705 5,766,979 6,511,257 7,230,816 8,198,583 8,973,400 715,062 $ 711,651 -0.48% 7000000 701,952 1,406,388 -0.75% 6000000 739,072 2,104,655 -2.39% 697,424 2,792,819 -2.13% 5000000 690,561 3,483,129 -1.72% 4000000 785,015 4,227,018 -2.36% 3000000 721,620 4,972,804 -1.54% 2000000 716,274 5,693,804 -1.27% 1000000 744,278 6,439,813 -1.10% 0 Police 719,559 JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC 967,766 774,817 Current Year Budget -drm- Prior Year Packet Page 290 of 340 29 City of Edmonds, WA Monthly Expenditure Report -Development Services 2013 Development Services Cumulative Monthly YTD Variance Budget Forecast Budget Forecast Actuals % January $ 132,741 $ 132,741 $ 134,416 1.26% February 267,492 134,751 262,483 -1.87% March 414,800 147,307 425,124 2.49% April 550,852 136,053 535,005 -2.88% May 687,869 137,017 651,747 -5.25% June 822,360 134,490 775,062 -5.75% July 951,410 129,051 904,561 -4.92% August 1,091,649 140,238 1,024,079 -6.19% September 1,229,961 138,313 1,155,315 -6.07% October 1,376,893 146,931 November 1,512,136 135,244 December 1,653,042 140,906 Development Services 1800000 1600000 1400000 1200000 1000000 800000 600000 400000 200000 0 JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC -*--Current Year Budget -*-- Prior Year City of Edmonds, WA Monthly Expenditure Report -Parks & Recreation 2013 Parks & Recreation Cumulative Monthly YTD Variance Budget Forecast Budget Forecast Actuals % January $ February March April May June July August September October November December 220,369 $ 458,913 716,059 965,334 1,222,832 1,540,910 1,933,815 2,326,622 2,634,141 2,883,640 3,116,121 3,422,517 220,369 $ 206,466 -6.31% 3000000 238,545 441,862 -3.72% 257,146 687,221 -4.03% 2500000 249,275 940,767 -2.54% 2000000 257,498 1,200,892 -1.79% 318,077 1,473,023 -4.41% 1500000 392,905 1,896,279 -1.94% 1000000 392,807 2,266,919 -2.57% 307,520 2,534,360 -3.79% 500000 249,499 0 Parks & Recreation 232,481 JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC 306,396 1 Current Year Budget t Prior Year Packet Page 291 of 340 30 City of Edmonds, WA Monthly Expenditure Report -Public Works 2013 Public Works Cumulative Monthly YTD Variance Budget Forecast Budget Forecast Actuals % January $ 27,007 $ 27,007 $ 26,193 -3.01% February 52,806 25,799 53,241 0.82% March 79,315 26,509 80,244 1.17% April 104,820 25,505 106,672 1.77% May 130,712 25,892 135,132 3.38% June 156,718 26,006 162,172 3.48% July 192,014 35,296 190,140 -0.98% August 217,880 25,866 217,744 -0.06% September 244,097 26,217 245,061 0.39% October 270,921 26,824 November 295,226 24,305 December 324,517 29,291 Public Works 400000 350000 300000 ,'' �• 250000 '�• 200000 ' �• 150000 100000 50000 0 JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC Current Year Budget -*-- Prior Year City of Edmonds, WA Monthly Expenditure Report -Facilities Maintenance 2013 Facilities Maintenance Cumulative Monthly YTD Variance Budget Forecast Budget Forecast Actuals % January $ February March April May June July August September October November December 106,672 $ 220,921 343,665 478,949 552,523 670,350 775,460 878,941 997,041 1,099,774 1,211,822 1,344,159 1400000 106,672 $ 98,355 -7.80% 1200000 114,249 209,083 -5.36% 122,743 320,411 -6.77% 1000000 135,284 434,291 -9.32% 800000 73,574 553,398 0.16% 117,826 639,087 -4.66% 600000 105,110 762,458 -1.68% 400000 103,481 866,245 -1.44% 118,100 975,946 -2.12% 200000 102,733 0 Facilities Maintenance 112,048 JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC 132,337 Current Year Budget t Prior Year Packet Page 292 of 340 31 EnLAneeri City of Edmonds, WA Monthly Expenditure Report -Engineering 2013 Cumulative Monthly YTD Variance Budget Forecast Budget Forecast ActuaIs January $ February March April May June July August September October November December 114,876 $ 230,249 344,770 468,067 577,602 692,761 811,020 927,980 1,048,722 1,171, 901 1,285,284 1,394,458 1400000 114,876 $ 116,885 1.75% 1200000 115,373 232,112 0.81% 114,522 347,757 0.87% 1000000 123,296 462,638 -1.16% 800000 109,535 579,950 0.41% 115,159 687,628 -0.74% 600000 118,259 795,569 -1.91% Engine a ring 116,960 903,068 -2.68% 400000 120,742 1,013,993 -3.31% 200000 i 123,179 0 113,383 JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC 109,174 —� Current Year Budget --AF— Prior Year Packet Page 293 of 340 32 INVESTMENT PORTFOLIO SUMMARY City of Edmonds Investment Portfolio Summary As of Se pte m be r 30, 2013 Agency/Issuer Investment Ty Washington State Local Investment Pool Government Investment Pool Snohomish County Investment Pool Investment Pool Opus Bank Certificate of Deposit FHLMC Bonds FHLMC Bonds FFCB Bonds TOTAL Investment Mix State Investment Pool Certificate of Deposit Bonds (a) To maturity. (a) Term Purchase Purchase Maturity/Call ** Yield to Weighted nonths) Date Price Date Maturity Average Various $19,124,128 Various 0.12% 0.072% Various $10,000,000 Various 0.65% 0.199% 24 9/17/2012 500,000 9/17/2014 0.60% 0.009% 60 12/28/2012 1,000,000 12/28/2013 ** 0.90% 0.028% 54 12/27/2012 1,000,000 12/27/2013 ** 0.75% 0.023% 45 12/19/2012 1,000,000 10/30/2013 ** 0.54% 0.017% $32,624,128 % of Total Summary 0.35% 0.348% 58.6% Cu rrent 6-m onth treasuryrate 0.04% 1.5% Current State Pool rate 0.12% 9.2% Blended Edmonds rate 0.35% 69.3% *Funds were invested with the Snohomish County Investment Pool effective 10/15/13 33 Packet Page 294 of 340 GENERAL FUND OVERVIEW General Fund 16 $13.37 14 12 9.95 10 c 8 - ❑ General 0 ZE 6 _ Fund 4 2 Dec 2012 June 2013 Segt 2013 *Please note that these revenues and expenses occur within annual cycles. This Interim Report is not adjusted for accruals or those annual cycles. 34 CHANGE IN FUND BALANCES GENERAL FUND BALANCES FUND ---- ACTUAL ---- ---- ACTUAL ---- 12/31 /2012 6/30/2013 9/30/2013 Q3 YTD 001-General Fund $ 4,635,301 $ 7,363,161 $ 3,972,782 $ (3,390,379) $ (662,519) 009-Leoff-Medical Ins. Reserve 388,509 399,084 330,940 (68,144) (57,569) 011-Risk Management Fund 114,000 (24,255) 40,122 64,377 (73,878) 012 -Contingency Reserve Fund 5,278,152 5,341,979 5,343,486 1,507 65,334 013-Mulitmodal Transportation FD 55,859 55,859 55,859 - - 014-Historic Preservation Gift Fund 1,063 972 (3,503) (4,475) (4,566) 016-Building Maintenance 214,026 230,138 208,001 (22,137) (6,025) Total General Fund $ 10,686,910 $ 13,366,938 $ 9,947,688 $ (3,419,250) $ (739,222) Packet Page 295 of 340 GOVERNMENTAL FUNDS OVERVIEW Governmental Fund Balances -By Fund Group Governmental Fund Balances - Combined 16 $19.31 14 $13.37 18 $16.44 $15.04 12 $10.69 10 tGeneral c Fund c 12 o - 8 (Special $6.44 Revenue 6 Debt 6 4 Service 2 $0.03 $0.03 $0.0 Dec 2012 June 2013 Sept 2013 Dec 2012 June 2013 Sept 2013 *Please note that these revenues and expenses occur within annual cycles. This Interim Report is not adjusted for accruals or those annual cycles. 35 CHANGE IN FUND FUND BALANCES BALANCES GOVERNMENTAL ---- ACTUAL ---- ---- ACTUAL ---- FUNDS 12/31 /2012 6/30/2013 9/30/2013 Q3 YTD General Fund $ 10,686,910 $ 13,366,938 $ 9,947,688 $ (3,419,250) $ (739,222) Special Revenue 4,324,145 5,913,901 6,439,112 525,211 2,114,967 Debt Service 26,229 32,156 56,722 24,566 30,493 Total Governmental Funds $ 15,037,284 $ 19,312,995 $ 16,443,522 $ (2,869,473) $ 1,406,238 Packet Page 296 of 340 SPECIAL REVENUE FUNDS OVERVIEW Special Revenue Funds 8 7 $ 6.44 $5.91 6 5 0 4 ■ Special 3 Revenue 2 1 -11 -Ah- Dec 2012 June 2013 Sept 2013 *Please note that these revenues and expenses occur within annual cycles. This Interim Report is not adjusted for accruals or those annual cycles. 36 FUND BALANCES CHANGE IN FUND BALANCES GOVERNMENTAL ---- ACTUAL ---- ---- ACTUAL ---- Special Revenue Packet Page 297 of 340 ENTERPRISE FUNDS OVERVIEW ENTERPRISE FUND BALANCES CHANGE IN FUND ---- ACTUAL ---- ---- ACTUAL ---- FUNDS 12/31 /2012 6/30/2013 9/30/2013 Q3 YTD 421 - Water Utility Fund $ 14, 637,482 $ 12, 259, 822 $ 14, 349, 609 $ 2,089,787 $ (287, 873) 422 - Storm Utility Fund 8,400,457 7,689,911 8,991,068 1,301,157 590,611 423 - Sewer/WWTP Utility Fund 43,316,528 42,118,673 40,623,288 (1,495,385) (2,693,240) 424 - Bond Reserve Fund - - (82,095) (82,095) (82,095) 411 - Combined Utility Operation - 118,392 174,073 55,681 174,073 Total Enterprise Funds $ 66,354,467 $ 62,186,799 $ 64,055,943 $ 1,869,144 $ (2,298,524) Enterprise Fund Balances as of September 30, 2013 $50,000,000 $40,623,288 $40,000,000 $30,000,000 $20,000,000 $10, 000,000 -JM- $8,991,068 $174,073 Combined Utility Operation Water Utility Fund Storm Utility Fund Sewer/WWTP Utility Fund *Please note that these revenues and expenses occur within annual cycles. This Interim Report is not adjusted for accruals or those annual cycles. 37 Packet Page 298 of 340 SUMMARY OVERVIEW FUND BALANCES CHANGE IN FUND BALANCES CITY-WIDE ---- ACTUAL ---- ---- ACTUAL ---- 12/31 /2012 6/30/2013 9/30/2013 Q3 YTD Governmental Funds $ 15,037,284 $ 19,340,319 $ 16,443,522 $ (2,896,797) $ 1,406,238 Enterprise Funds 66,354,467 62,186,799 64,055,943 1,869,144 (2,298,524) Internal Services Fund 6,536,284 6,869,195 7,054,918 185,723 518,634 Pension Trust Fund 216,719 213,505 202,084 (11,421) (14,635) Total City-wide Total $ 88,144,754 $ 88,609,818 $ 87,756,467 $ (853,351) $ (388,287) Governmental Fund Balances as of September 30, 2013 2012 LTGO Debt Service Fund $496 L.I.D. Guaranty Fund $25 752 L.I.D. Fund Control $30,474 Sister City Commission $17,322 Cemetery Maintenance Trust Fund $ 30,493 Parks Trust Fund $150,174 Parks Construction Fund $6 2,652 Cemetery Maintenance/Improvement $62 310 Special Projects Fund $141 534 Gifts Catalog Fund $218,90 Real Estate Excise Tax 1, Parks Acq $ 76,102 Real Estate Excise Tax 2 $1,555,394 Tourism Promotional Fund/Arts $79,723 Youth Scholarship Fund $13,258 Employee Parking Permit Fund — $63,578 Hotel/Motel Tax Revenue Fund $95,514 Memorial Street Fund $17,684 Municipal Arts Acquis. Fund 1 $438 384 Combined Street Const/Improve 1 $ 38 153 Street Fund $188,938 Drug Enforcement Fund $98,997 General Fund $9,947,688 $1 $2,000,000 *Please note that these revenues and expenses occur within annual cycles. This Interim Report is not adjusted for accruals or those annual cycles. 38 Packet Page 299 of 340 INTERNAL SERVICE FUNDS OVERVIEW Internal Service Fund Balances 8 $6.87 $7.05 $6.54 6 c c ■ 511- Equipment Rental Fund 4 2 Dec 2012 June 2013 Sept 2013 *Please note that these revenues and expenses occur within annual cycles. This Interim Report is not adjusted for accruals or those annual cycles. 39 FUND BALANCES CHANGE IN FUND INTERNAL SERVICE BALANCES ---- ACTUAL ---- - ACTUAL ---- FUNDS 12/31 /2012 6/30/2013 9/30/2013 Q3 YTD 511 -Equipment Rental Fund $ 6,536,284 $ 6,869,195 $ 7,054,918 $ 185,723 $ 518,634 Total Internal Service Funds $ 6,536,284 $ 6,869,195 $ 7,054,918 $ 185,723 $ 518,634 Packet Page 300 of 340 AM-6325 City Council Meeting Meeting Date: 11/19/2013 Time: 10 Minutes Submitted For: Roger Neumaier Submitted By: Debra Sharp Department: Finance Committee: Finance Type: Information Subiect Title 2013 November Budget Amendment Recommendation Approval of the November 2013 Budget Amendment Previous Council Action Finance Committee Narrative There are a total of 17 budget amendments. Action 9. Four of the items have been before Council previously and require formal budget appropriation. The first is in relation to the $25,000 for legal fees that was approved by Council in September. Two of the items are in relation to the revenue bonds that were issued in August and again need formal budget appropriation. The last one is in regards to a budget amendment that was before Council in 2012 related to the petty cash account in the Drug Enforcement Fund. This is a clean-up item before the end of the year. Four of the amendments are in regard to changes in how the City codes transfers/reimbursements to other funds. During the 2012 audit it was determined that some of the City's transfers needed to be classified as either reimbursements or as revenue/expense. We did not change the classification coding for the 2012 statements but informed the auditor the change would be made for 2013. We need to reclassify the budget appropriations. There is no change in fund balance. Other budget amendment items include three requests by the Police Department all of which have offsetting revenues. Part of the TBD budget amendment also increases the expected revenues received. Engineering is requesting an increase for benefits paid from the General Fund, which will be reimbursed by the Utility Funds. This is in relation to the decision package included in the 2014 budget. The funds were budgeted for in the Utility Fund but are paid for out of the General Fund. The General Fund has enough salary budget due to vacancies but they need to move the benefit budgets from the Utility Funds to the General Fund. A budget amendment was added to the original budget submission during the Finance Committee on November 12th. The Engineering Department submitted a budget amendment related to the 76th Avenue project with the City of Lynnwood. Packet Page 301 of 340 2013 November Budget Amendment Inbox Finance City Clerk Mayor Finalize for Agenda Form Started By: Debra Sharp Final Approval Date: 11/14/2013 Reviewed By Roger Neumaier Scott Passey Dave Earling Scott Passey Attachments Form Review Date 11/14/2013 09:52 AM 11/14/2013 09:54 AM 11/14/2013 10:03 AM 11/14/2013 10:27 AM Started On: 11/14/2013 09:00 AM Packet Page 302 of 340 ORDINANCE NO. AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON, AMENDING ORDINANCE NO. 3942 AS A RESULT OF UNANTICIPATED EXPENDITURES OF THE GENERAL FUND, AND FIXING A TIME WHEN THE SAME SHALL BECOME EFFECTIVE. WHEREAS, previous actions taken by the City Council require Interfund Transfers and increases in appropriations; and WHEREAS, state law requires an ordinance be adopted whenever money is transferred from one fund to another; and WHEREAS, the City Council has reviewed the amended budget appropriations and information which was made available; and approves the appropriation of local, state, and federal funds and the increase or decrease from previously approved programs within the 2013 Budget; and THEREFORE, WHEREAS, the applications of funds have been identified; THE CITY COUNCIL OF THE CITY OF EDMONDS, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. Section 1. of Ordinance No. 3942 adopting the final budget for the fiscal year 2013 is hereby amended to reflect the changes shown in Exhibits A, B, C, D, and E adopted herein by reference. Section 2. Council authorizes the Finance Director the authority to establish a bond reserve fund — 424 Bond Reserve Fund. 1 Packet Page 303 of 340 Section 3. Effective Date. This ordinance, being an exercise of a power specifically delegated to the City legislative body, is not subject to referendum, and shall take effect five (5) days after passage and publication of an approved summary thereof consisting of the title. APPROVED: MAYOR, DAVE EARLING ATTEST/AUTHENTICATE: CITY CLERK, SCOTT PASSEY APPROVED AS TO FORM: OFFICE OF THE CITY ATTORNEY: APPROVED AS TO FORM: OFFICE OF THE CITY ATTORNEY: M JEFF TARADAY FILED WITH THE CITY CLERK: PASSED BY THE CITY COUNCIL: PUBLISHED: EFFECTIVE DATE: ORDINANCE NO. 2 Packet Page 304 of 340 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: AN ORDINANCE OF THE CITY OF ORDINANCE NO. 3942 AS A RESULT EXPENDITURES OF VARIOUS FUNDS, SHALL BECOME EFFECTIVE. EDMONDS, WASHINGTON, AMENDING OF UNANTICIPATED TRANSFERS AND AND FIXING A TIME WHEN THE SAME The full text of this Ordinance will be mailed upon request. DATED this day of 32013. CITY CLERK, SCOTT PASSEY 3 Packet Page 305 of 340 EXHIBIT "A": Budget Amendments by Revenue (November 2013) FUND NO. FUND DESCRIPTION ORD. NO. 3904 12/11/2012 ORD. NO. 3913 2/2013 ORD. NO. 3920 5/2013 ORD. NO. 3939 8/2013 ORD. NO. 3942 9/2013 ORD. NO. 11/2013 2013 Amended Budget 001 General Fund $ 32,846,292 $ 12,297 $ 23,500 $ 11,868 $ $ 14,753 $ 32,908,710 009 Leoff-Medical Ins. Reserve 600,350 (250,000) - - - 350,350 011 Risk Management Reserve Fund 418,200 250,000 668,200 012 Contingency Reserve Fund 123,223 - - 123,223 014 Historic Preservation Gift Fund - 15,000 15,000 016 Building Maintenance 56,900 - 56,900 104 Drug Enforcement Fund 20,175 - 20,175 111 Street Fund 1,406,800 - 40,000 1,446,800 112 Combined Street Const/Improve 6,223,755 140,000 118,274 (1,113,500) 5,368,529 117 Municipal Arts Acquis. Fund 59,891 - 9,994 69,885 118 Memorial Street Tree 27 - 27 120 Hotel/Motel Tax Revenue Fund 52,870 52,870 121 Employee Parking Permit Fund 18,120 18,120 122 Youth Scholarship Fund 2,025 2,025 123 Tourism Promotional Fund/Arts 19,000 - 19,000 125 ParkAcq/Improvement 650,600 12,000 115,232 777,832 126 Special Capital Fund 650,600 - - 650,600 127 Gifts Catalog Fund 20,483 - 16,000 36,483 129 Special Projects Fund 14,700 208,100 - 222,800 130 Cemetery Maintenance/Improv 119,950 - 119,950 132 Parks Construction 1,869,500 140,850 (2,000) 2,008,350 136 Parks Trust Fund 228 - 228 137 Cemetery Maintenance Trust I'd 14,600 - 14,600 138 Sister City Commission 3,517 4,500 - 8,017 139 Transportation Benefit District 645,000 - 40,000 685,000 211 Lid Fund Control 22,130 - 22,130 213 Lid Guaranty Fund 22,230 - 22,230 231 2012 LTGO Debt Service fund - 1,009,902 1,009,902 234 Ltgo Bond Debt Service Fund 414,500 (414,500) - 421 Water 10,625,680 10,492,965 21,118,645 422 Storm 3,486,716 1,754,101 5,240,817 423 Sewer/Treatment Plant 11,020,123 17,182,565 28,202,688 424 Bond Reserve Fund - 1,115,174 1,115,174 511 Equipment Rental Fund 1,361,972 - 1,361,972 617 Firemen's Pension Fund 45,400 - - 45,400 Totals $ 72,835,557 $ 733,649 $ 163,500 $ 525,868 $ $ 29,524,058 $ 103,782,632 Packet Page 306 of 340 EXHIBIT "B": Budget Amendments by Expenditure (November 2013) FUND NO. FUND DESCRIPTION ORD. NO. 3904 12/11/2012 ORD. NO. 3913 2/2013 ORD. NO. 3920 5/2013 ORD. NO. 3939 8/2013 ORD. NO. 3942 9/2013 ORD. NO. 11/2013 2013 Amended Budget 001 General Fund $ 32,836,495 $ 123,008 $ 47,500 $ 322,810 $ 34,852 63,983 $ 33,428,648 009 Leoff-Medical Ins. Reserve 619,400 - - - - - 619,400 011 Risk Management Reserve Fund 661,000 - 661,000 014 Historic Preservation Gift Fund - 15,000 15,000 016 Building Maintenance 35,000 170,000 - 205,000 104 Drug Enforcement Fund 80,033 - 500 80,533 111 Street Fund 1,557,715 - - - - 1,557,715 112 Combined Street Const/Improve 6,304,984 20,000 140,000 194,260 (1,151,000) 5,508,244 117 Municipal Arts Acquis. Fund 130,600 9,200 - 9,994 149,794 120 Hotel/Motel Tax Revenue Fund 68,500 - - 68,500 121 Employee Parking Permit Fund 26,726 26,726 122 Youth Scholarship Fund 4,000 4,000 123 Tourism Promotional Fund/Arts 19,000 - - 19,000 125 ParkAcq/Improvement 964,000 322,500 115,232 1,401,732 126 Special Capital Fund 662,105 6,429 - 668,534 127 Gifts Catalog Fund 20,020 12,297 11,000 43,317 129 Special Projects Fund 14,700 208,100 - 222,800 130 Cemetery Maintenance/Improv 152,761 - 152,761 132 Parks Construction 1,887,500 205,700 - (2,000) 2,091,200 138 Sister City Commission 4,600 - 9,137 - 13,737 139 Transportation Benefit District 645,000 - 40,000 685,000 211 Lid Fund Control 22,130 - - 22,130 231 2012LTGO Debt Service Fund - 1,009,902 1,009,902 234 Ltgo Bond Debt Service Fund 388,671 (388,671) - 421 Water 9,195,130 6,720 112,140 10,551,953 19,865,943 422 Storm 4,471,135 94,637 20,000 1,757,499 6,343,271 423 Sewer /Treatment Pla nt 16,854,966 (24,857) 1,337,910 (6,553) 17,290,451 35,451,917 424 Bond Reserve Fund - - - 272,659 272,659 511 Equipment Rental Fund 1,042,840 52,532 - 1,095,372 617 Firemen's Pension Fund 108,790 - 108,790 Totals $ 78,777,801 1 $ 1,842,497 1 $ 1,525,410 1 $ 788,020 $ 34,852 $ 28,824,045 $ 111, 192,625 Packet Page 307 of 340 EXHIBIT "C: Budget Amendment (November 2013) Fund BARS Category Debit Credit Description Budget Amendments General Fund 001 000 41 521 71 35 00 Small Equipment 1,905 Radar Grants General Fund 001 000 334 30 500 00 Grant 1,106 General Fund 001 000 333 20 600 00 Grant 799 General Fund 001 000 41 565 50 49 00 Short-term Houseing 1000 Domestic Violence Victim Housing General Fund 001 000 39 508 00 00 00 Ending Fund Balance 1,000 General Fund 001 000 41 1 521 1 21 12 1 10 1 Overtime Reimbursemen 2,720 OCDETF Overtime General Fund 001 000 41 521 021 23 10 Benefits Reimbursement 397 General Fund 001 000 342 10 100 00 OCDETF Overtime 3,117 General Fund 001 000 41 521 40 41 00 Professional Services 25,000 Arbitration Legal Fees General Fund 001 000 39 508 00 00 00 Ending Fund Balance 25,000 General Fund 001 000 41 521 26 41 00 Professional Services 9,231 Replacement K-9 Purchase General Fund 001 000 367 00 400 00 Donation 9,231 General Fund 001 000 67 532 20 23 00 Benefits 23,730 Engineering Benefits Water Uti I ity 421 000 74 534 20 23 00 Benefits 7,910 Stormwater Uti I i ty 422 000 72 531 00 23 00 Benefits 7,910 Sewer Utility 423 000 75 535 20 23 00 Benefits 7,910 Drug Enforcement 104 000 41 597 21 55 01 Transfer 500 Fund 104 Petty Cash Accounts Drug Enforcement 104 000 41 508 00 00 00 Ending Fund Balance 500 General Fund 001 000 397 21 104 00 Transfer 500 General Fund 001 000 39 508 00 00 00 Ending Fund Balance 500 Employee Parking Fund 121 000 25 597 00 55 01 Transfer 25,086 121 Fund Services instead of a transfer Employee Parking Fund 121 000 25 542 65 41 00 Professional Services 25,086 General Fund 001 000 397 19 121 00 Transfer 25,086 General Fund 001 000 341 70 400 00 Sale of Parking Permits 25,086 TBD 139 000 68 542 31 51 00 680,000 TBD Adjustment TBD 139 000 68 597 42 55 11 Transfer 640,000 TBD 139 000 344 70 000 00 Annual TBD Revenue 40,000 Street Fund 111 000 344 10 600 00 Annual TBD Revenue 680,000 Street Fund 111 000 397 42 139 00 Transfer 640,000 Street Fund 111 000 68 508 00 00 00 Ending Fund Balance 40,000 Municipal Arts 117 200 64 597 76 55 32 Transfer 3,000 Parks Reimbursementvs Transfer Adjustment Municipal Arts 117 200 64 594 76 65 90 Capital -Other Funds 3,000 Hotel/Motel Tax 120 000 31 597 76 55 32 Transfer 10,000 Hotel/Motel Tax 120 000 31 594 76 65 90 Capital -Other Funds 10,000 Parks Construction 132 000 64 594 76 65 91 Capital -Other Funds 13,000 Parks Construction 132 000 397 76 117 20 Transfer 3,000 Parks Construction 132 000 397 76 120 00 Transfer 10,000 Water Uti I ity 421 000 74 597 42 55 12 Transfer 922,500 Utility/Street Reimbursementvs Transfer Adjustment Water Uti I ity 421 000 74 594 34 65 90 Capital -Other Funds 922,500 Sto r mwa ter Uti I i ty422 000 72 597 42 55 12 Transfer 228,500 Stormwater Uti I i ty 422 000 72 594 31 65 90 Capital -Other Funds 228,500 Street Construction 112 200 68 595 95 65 91 Capital -Other Funds 1,151,000 Street Construction 112 200 397 42 421 00 Transfer 922,500 Street Construction 112 200 397 042 422 00 Transfer 228,500 Sewer Uti I ity 423 000 75 591 035 78 66 Principal Payment 4,681 Public Works Trust Fund Loan Sewer Uti I ity 423 000 75 592 35 83 66 Interest Payment 204 Sewer Uti I ity 423 000 75 508 00 00 00 Ending Fund Balance 4,885 Packet Page 308 of 340 EXHIBIT "C: Budget Amendment (November 2013) Department BARS Category Debit Credit Budget Amendments Continued Street Fund 111 000 86 542 64 48 00 Re air & Maintenance 9,000 Street Cost Center Transfer Street Fund 111 000 86 542 31 41 00 Professional Services 9,000 Parks Construction 132 000 64 594 76 41 00 Professional Services 11,000 Sno County Grant Parks Construction 132 000 337 00 000 00 Sno Co Interlocal Grant 11,000 Water Utility 421 000 391 20 000 00 Rev Bond Proceeds 5,310,000 Record the 2013 Debt Issuance Budget Water Uti I ity 421 000 392 20 000 00 Bond Premium 42,665 Water Uti I ity 421 000 74 597 34 55 21 Transfer 5,000,000 Water Uti I ity 421 000 74 597 34 55 24 Transfer 330,281 Water Uti I ity 421 000 74 596 34 72 00 Underwriter's Disc 22,384 Water Uti I ity 421 200 397 34 421 00 Transfer 5,000,000 Water Uti I ity 421 200 74 508 00 00 00 Endin Fund Balance 5,000,000 Storm Utility 422 000 391 20 000 00 Rev Bond Proceeds 895,000 Storm Utility 422 000 392 20 000 00 Bond Premium 9,101 Storm Utility 422 000 72 597 31 55 22 Transfer 850,000 Storm Utility 422 000 72 597 31 55 24 Transfer 50,328 Storm Utility 422 000 72 596 31 72 00 Underwriter's Disc 3,773 Storm Utility 422 200 397 31 422 00 Transfer 850,000 Storm Utility 422 200 72 508 00 00 00 Ending Fund Balance 850,000 Sewer Uti I ity 423 000 391 20 000 00 Rev Bond Proceeds 8,805,000 Sewer Uti I ity 423 000 392 20 000 00 Bond Premium 77,565 Sewer Uti I ity 423 000 75 597 35 55 21 Transfer 8,300,000 Sewer Utility 423 000 75 597 35 55 24 Transfer 545,448 Sewer Uti I ity 423 000 75 596 35 72 00 Underwriter's Disc 37,117 Sewer Uti I ity 423 200 397 35 423 00 Tra nsfer 8,300,000 Sewer Uti I ity 423 200 75 508 00 00 00 Ending Fund Balance 8,300,000 Bond Reserve Fund 424 000 397 34 421 00 Transfer 330,281 Bond Reserve Fund 424 000 397 31 422 00 Transfer 50,328 Bond Reserve Fund 424 000 397 35 423 00 Transfer 545,448 Bond Reserve Fund 424 000 71 592 38 84 00 Debt Issue Costs 24,760 Bond Reserve Fund 424 000 71 592 38 89 00 Other Debt Issue Costs 58,782 Bond Reserve Fund 424 000 71 508 30 00 00 Ending Fund Balance 842,515 Water Uti I ity 421 000 74 597 034 55 24 Transfer 66,898 Record the 2013 Debt Issuance December Payment Water Uti I ity 4211 0001 74 5081 00 00 00 lEncling Fund Balance 66,898 Storm Utility 422 000 72 597 031 55 24 Transfer 11,308 Storm Utility 422 000 72 508 00 00 00 Ending Fund Balance 11,308 Sewer Utility 423 000 75 597 035 55 24 Transfer 110,911 Sewer Uti I ity 423 000 75 508 00 00 00 Ending Fund Balance 110,911 Bond Reserve Fund 424 000 397 34 421 00 Transfer 66,898 Bond Reserve Fund 424 000 397 31 422 00 Transfer 11,308 Bond Reserve Fund 424 000 397 35 423 00 Transfer 110,911 Bond Reserve Fund 424 000 71 592 031 83 00 Storm Interest 11,308 Bond Reserve Fund 424 000 71 592 34 83 00 Water Interest 66,898 Bond Reserve Fund 424 000 71 592 35 83 00 Sewer Interest 110,911 Water Utility 421 000 74 594 34 65 10 Construction Projects 130,300 76th Ave Project Water Utility 421 000 74 594 34 41 10 Professional Services 5,000 Water Uti I ity 421 000 74 594 34 91 10 Interfund Services 5,000 Water Uti I ity 421 000 337 10 000 00 Interlocal Grant 1407300 Packet Page 309 of 340 EXHIBIT "D": Budget Amendment Summary (November 2013) Fund Number Change in Beginning Fund Balance Revenue Expense Change in Ending Fund Balance 001 14,753 63,983 (49,230) 104 - - 500 (500) 111 - 40,000 - 40,000 112 - (1,113,500) (1,151,000) 37,500 132 - (2,000) (2,000) - 139 - 40,000 40,000 - 421 - 10,492,965 10,551,953 (58,988) 422 - 1,754,101 1,757,499 (3,398) 423 - 17,182,565 17,290,451 (107,886) 424 - 1,115,174 272,659 842,515 Total Change - 29,524,058 28,824,045 700,013 Packet Page 310 of 340 EXHIBIT "E": Budget Amendments (November 2013) Prepared By: ACOP James Lawless Department: Edmonds Police Department Description on Budget Amendment Summary: Radar Grants Budget Amendment Detailed Description: I n July 2013 the Police Department received a School Zone grant from Washington State Traffic Safety Commission forthe purchase of a handheld radar gun to be used primarily for school zone speed enforcement. In August2013 the Police Department received aTrafficSafety Emergency Funds grantfrom the WAAssociation of Sheriff's and Police Chiefs also for a handheld radar gun. The radar guns increase the pool of equipment available for patrol and are more flexible as they are fully battery operated. This budget amendment increases Traffic -Small Equipment by $1,905, which is offset bythe grant revenue. Expenditure Increase (Decrease) Fund # Fund Title Object BARS Number Amount 001 General Fund Traffic -Small Equip 001.000.41.521.71.35.00 1,905 Total Expenditure Increase (Decrease) $ 1,905 Revenue (Increase) Decrease Fund Fund Title Revenue Source BARS Number Amount 001 General Fund WTSC Grant 001.000.334.30.500.00 (1,106) 001 General Fund WASPC Traffic Grant 001.000.333.20.600.00 (799) Total Revenue (increase) Decreas $ (1,905) Ending Fund Balance Increase (Decrease) Fund Fund Title BARS Number Amount Total Ending Fund Balance Increase (Decrease) $ - M Packet Page 311 of 340 EXHIBIT "E": Budget Amendments (November 2013) Prepared By: ACOP James Lawless Department: Edmonds Police Department Description on Budget Amendment Summary: Domestic Violence Victim Housi Budget Amendment Detailed Description: In late December2012, North Sound Church donated $1,000 to Edmonds Police Department to be used for shortterm housing for domestic violence victims. The Police Department's Domestic Violenc e Coordinator has twice used the funds this yearto arrange housing for victims in crisis. As the donation came at year-end, it was not built into the 2013 budget. This budget amendment places $1,000 in a new BARS account - Short Term Domestic Violence Housing, financed bythe $1,000 donation which is in fund balance. Expenditure Increase (Decrease) Fund # Fund Title Object BARS Number Amount 001 General Fund Short Term DV Housh 001.000.41.565.50.49.00 1,000 Total Expenditure Increase (Decrease) $ 1,000 Revenue (Increase) Decrease Fund Fund Title Revenue Source BARS Number Amount Total Revenue (increase) Decreas $ - Ending Fund Balance Increase (Decrease) Fund Fund Title BARS Number Amount 001 General Fund 001.000.39.508.00.00.00 (1,000) Total Ending Fund Balance Increase (Decrease) $ (1,000) 10 Packet Page 312 of 340 EXHIBIT "E": Budget Amendments (November 2013) Prepared By: ACOP James Lawless Department: Edmonds Police Department Description on Budget Amendment Summary: OCDETF Overtime Budget Amendment Detailed Description: Periodically Edmonds PD staff assigned to the South Snohomish County Narcotics Task Force workon casesfor which overtime is reimbursed bythe Departmentof Justice Organized Crime Drug Enforcement Task Force (OCDETF). As work on OCDETF cases cannot be predicted, the Police Department does not include the revenue or hours in their annual budget preparation. In 2013 the department has received $3,117 for reimbursement for overtime hours worked on OCDETF cases from January through July. The department is requesting an increase to the reimbursable overtime and reimbursable benefits lines in the Investigations budget, which is offset bythe revenue received from the Department ofJustice. Expenditure Increase (Decrease) Fund # Fund Title Object BARS Number Amount 001 General Fund InvestOT-Reimburs. 001.000.41.521.21.12.10 2,720 001 General Fund Invest Ben-Reimburs.001.000.41.521.21.23.10 397 Total Expenditure Increase (Decrease) $ 3,117 Revenue (Increase) Decrease Fund Fund Title Revenue Source BARS Number Amount 001 General Fund OCDETF Overtime 001.000.342.10.100.00 (3,117) Total Revenue (increase) Decreas $ 3,117 Ending Fund Balance Increase (Decrease) Fund Fund Title BARS Number Amount Total Ending Fund Balance Increase (Decrease) $ - 11 Packet Page 313 of 340 EXHIBIT "E": Budget Amendments (November 2013) Prepared By: ACOP James Lawless Department: Edmonds Police Department Description on Budget Amendment Summary: Arbitration Legal Fees Budget Amendment Detailed Description: I n 2012, the City engaged the firm of Michael and Alexanderto represent it in an arbitration proceeding involving the Police Department. Atthe September24, 2013 City Council meeting, the Council moved to authorize payment of the invoice from Stephanie Alexander by reauthorizing $25,000 from ending cash balance and authorizing $12,500 from the 2013 Police budget. This budget amendment increasesthe Police Admin-Professional Services budget by $25,000 with a corresponding decrease in fund balance of $25,000 to cover the invoice. As directed bythe Council, the remaining $12,500 has been covered bythe 2013 Police budget. Expenditure Increase (Decrease) Fund # Fund Title Object BARS Number Amount 001 General Fund Police -Prof Services 001.000.41.521.10.41.00 25,000 Total Expenditure Increase (Decrease) $ 25,000 Revenue (Increase) Decrease Fund Fund Title Revenue Source BARS Number Amount Total Revenue (increase) Decreas $ - Ending Fund Balance Increase (Decrease) Fund Fund Title BARS Number Amount 001 General Fund 001.000.39.508.00.00.00 (25,000) Total Ending Fund Balance Increase (Decrease) $ 25,000) 12 Packet Page 314 of 340 EXHIBIT "E": Budget Amendments (November 2013) Prepared By: ACOP James Lawless Department: Edmonds Police Department Description on Budget Amendment Summary: Replacement K-9 Purchase Budget Amendment Detailed Description: Edmonds Police Foundation hasj ust completed a very successful fundraising campaign to purchase a new, adult K-9 dogto replace Dash, who retired in July2013, afterseven years of service. The department has purchased a new K-9dog, Hobbs, who is currently training with Officer Jason Robinson. The Edmonds Police Foundation presented the departmentwith a checkfor $9,231 to totally underwrite the purchase of the new dog. This budget amendment increasesthe K-9 Unit Professional Services budget by $9,231 for the purchase of Hobbs, which is totally offset bythe donation received from the Police Foundation. Expenditure Increase (Decrease) Fund # Fund Title Object BARS Number Amount 001 General Fund K-9 Prof Services 001.000.41.521.26.41.00 9,231 Total Expenditure Increase (Decrease) $ 9,231 Revenue (Increase) Decrease Fund Fund Title Revenue Source BARS Number Amount 001 General Fund PoliceContrib -Priv 001.000.367.00.400.00 (9,231) Total Revenue (Increase) Decreas $ Ending Fund Balance Increase (Decrease) Fund Fund Title BARS Number Amount Total Ending Fund Balance Increase (Decrease) $ 13 Packet Page 315 of 340 EXHIBIT "E": Budget Amendments (November 2013) Prepared By: Rob English Department: Public Works Description on Budget Amendment Summary: Engineering Benefits Budget Amendment Detailed Description: The salary and benefits fora Capital Projects Managerwere budgeted in the 421, 422 and 423 Utility Funds (1/3 in each utility fund). The salary and benefits should have been budgeted in the Engineering Division. This amendment will increase the budgetfor Engineering benefits by $23,730 and reduce the 421 Water, 422 Stormwaterand 423 Sewer Benefits bythe same amount. An adjustmenttothe salaries line item is not needed due to salary savings from an employee's resignation for medical reasons. Expenditure Increase (Decrease) Fund # Fund Title Object BARS Number Amount 001 General Fund Benefits 001.000.67.532.20.23.00 23,730 421 Water Benefits 421.000.74.534.20.23.00 (7,910 422 Stormwater Benefits 422.000.72.531.00.23.00 (7,910) 423 Sewer Benefits 423.000.75.535.20.23.00 (7,910) Total Expenditure Increase (Decrease) $ - Revenue (Increase) Decrease Fund Fund Title Revenue Source BARS Number Amount Total Revenue (increase) Decreas $ - Ending Fund Balance Increase (Decrease) Fund Fund Title BARS Number Amount 001 General Fund (23,730) 421 Water Ending Cash 421.000.00.508.00.00.00 7,910 422 Stormwater Endin Cash 422.000.72.508.00.00.00 7,910 423 1 Sewer Ending Cash 423.000.75.508.00.00.00 71910 Total Ending Fund Balance Increase (Decrease) 1 1 $ - 14 Packet Page 316 of 340 EXHIBIT "E": Budget Amendments (November 2013) Prepared By: Deb Sharp Department: Finance Description on Budget Amendment Summary: Fund 104 Petty Cash Accounts Budget Amendment Detailed Description: In the2012 Budget Amendment Ordinance #3897, an amendmentwas included to close Fund 004, the Criminal Investigation Fund and move the petty cash amounts to Fund 104, the Drug Enforcement Fund. In talking with Assistant Chief Lawless, it was determined that $500 of the $2,500 that was transferred is actually budgeted for in the General Fund Investigation Cost Center. If the expenditures are paid out of the General Fund, the petty cash account also needs to be in the General Fund. This budget amendment moves the petty cash balance from Fund 104 to the General Fund. Along with the above change, we are proposing removing the $2,000 from a petty cash account back into a cash account in Fund 104. The $2,000 is no longer relevant. We budget $20,000 each year as an expenditure forthe City's portion of the Drug Enforcement budget which is mailed to the City of Lynnwood in $5,000 increments. Perthe City of Lynnwood the $5,000 petty cash fund rotates between the three participating agencies and should not be recognized as petty cash on the City of Edmonds books. There is no effect on either revenues or expenditures. Itis a cash classification change only. Expenditure Increase (Decrease) Fund # Fund Title Object BARS Number Amount 104 Drug Enforcement Fund Transfer 104.000.41.597.21.55.01 500 Total Expenditure Increase (Decrease) $ 500 Revenue (Increase) Decrease Fund Fund Title Revenue Source BARS Number Amount 001 General Fund Transfer 001.000.397.21.104.00 (500) Total Revenue (increase) Decreas $ (500) Ending Fund Balance Increase (Decrease) Fund Fund Title BARS Number Amount 104 Drug Enforcement Fund 104.000.41.508.00.00.00 (500) 001 General Fund 001.000.39.508.00.00.00 500 Total Ending Fund Balance Increase (Decrease) $ - 15 Packet Page 317 of 340 EXHIBIT "E": Budget Amendments (November 2013) Prepared By: Shawn Hunstock Department: Description on Budget Amendment Summary: Finance Department Close 004 Fund Budget Amendment Detailed Description: For Reference Only Fund 004, the Criminal Investigations Fund, has not had activity for several years. Staff is proposing to close this fund and move the $2,500 currently in that fund to the Drug Enforcement Fund 104. The money can be used as a revolving fund in the 104 fund for criminal investigations, as it was once used in the 004 fund. It is not necessary to continue to maintain these resources in a separate fund (004) though. The Police Department is in agreement with moving this money into the Drug Enforcement Fund 104. Expenditure Increase (Decrease) Fund # Fund Title Object BARS Number Amount 004 Criminal Investigations Transfer 004.100.410.597.104.550.00 2,000 004 Criminal Investigations Transfer 004.200.410.597.104.550.00 500 Total Expenditure Increase (Decrease) $ 2,500 Revenue (Increase) Decrease Fund Fund Title Revenue Source BARS Number Amount 104 Drug Enforcement 104.000.000.397.004.000.00 (2,500) Total Revenue (Increase) Decrease $ (2,500) Ending Fund Balance Increase (Decrease) Fund Fund Title BARS Number Amount 004 Criminal Investigations 004.100.410.508.000.000.00 (2,000) 004 Criminal Investigations 004.200.410.508.000.000.00 (500) 104 Drug Enforcement 104.000.410.508.000.000.00 2,500 Total Ending Fund Balance Increase (Decrease) $ - 16 Packet Page 318 of 340 EXHIBIT "E": Budget Amendments (November 2013) Prepared By: Deb Sharp Department: Finance Description on Budget Amendment Summary: 121 Fund Services vs Transfer Budget Amendment Detailed Description: Duringthe 2012 audit, the City was notified bythe Auditor's Office that some of the City's transfers should be classified as revenues and expenditures. Perthe definition in the State BARS manual- for financial reporting purposes, all revenue, expenditures/expenses, gains, losses, assets, and liabilities resulting from exchange and exchange -like transactions should be recognized when the transaction takes place. This means transactions should be presented at gross amounts unless the transaction is a reimbursement orelse netting is specifically allowed by GAAP. The below transacation is a service activity by the General Fund forthe Parking Enforcement Fund and should be recognized as both a revenue and expenditure. There is no effect on ending fund balances. Expenditure Increase (Decrease) Fund # Fund Title Object BARS Number Amount 121 Employee Parking Fund Transfer 121.000.25.597.00.55.01 (25,086) 121 Employee Parking Fund Professional Service 121.000.25.542.65.41.00 25,086 Total Expenditure Increase (Decrease) $ - Revenue (Increase) Decrease Fund Fund Title Revenue Source BARS Number Amount 001 General Fund Transfer 001.000.397.19.121.00 25,086 001 General Fund Clerk's Time 001.000.341.70.400.00 (25,086) Total Revenue (increase) Decreas $ - Ending Fund Balance Increase (Decrease) Fund Fund Title BARS Number Amount Total Ending Fund Balance Increase (Decrease) $ - 17 Packet Page 319 of 340 EXHIBIT "E": Budget Amendments (November 2013) Prepared By: Deb Sharp Department: Finance Description on Budget Amendment Summary: TBD Adjustment Budget Amendment Detailed Description: Perthe Transportation Benefit District Planning guide that was updated at the beginning of 2013, theTBD's car tab fee should be accounted for as an expenditure out of the TBD Fund and Revenue into the City's Street Fund. The transaction should not be classified as a transfer. In preparing the budget amendment, a review was done regarding the budget appropriation to actual revenues and expenditures. It appears the City is receiving more TBD revenue than was forecasted so a budget amendment is necessaryto increase the transfer amount out of the TBD fund into the Street Fund. Expenditure Increase (Decrease) Fund # Fund Title Object BARS Number Amount 139 TBD Inter ov'tServices 139.000.68.542.31.51.00 680,000 139 TBD Tra nsfer 139.000.68.597.42.55.11 (640,000 Total Expenditure Increase (Decrease) $ 40,000 Revenue (Increase) Decrease Fund Fund Title Revenue Source BARS Number Amount 139 TBD Annual TBD Revenue 139.000.344.70.000.00 (40,000) 111 Street Fund Annual TBD Revenue 111.000.344.10.600.00 (680,000) 111 Street Fund Transfer 111.000.397.42.139.00 640,000 Total Revenue(Increase) Decreas $ (80,000) Ending Fund Balance Increase (Decrease) Fund Fund Title BARS Number Amount 111 Street Fund Ending Fund Balance 111.000.68.508.00.00.00 40,000 Total Ending Fund Balance Increase (Decrease) $ 40 000 I Packet Page 320 of 340 EXHIBIT "E": Budget Amendments (November 2013) Prepared By: Deb Sharp Department: Finance Description on Budget Amendment Summary: Parks Reimbursement vs Transfer Adj Budget Amendment Detailed Description: Duringthe 2012 audit, the City was notified by the Auditor's Office that some of the City's transfers should be classified as reimbursements. Reimbursements are repayments from the fund responsible for particular expenditures/expenses to the fund that initially paid for them. They are adjustments to correctthe assignment of the expenditures/expenses. Reimbursements reduce expenditures/expenses in the fund that is reimbursed and move the expenditures/expenses to the fund that ultimately pays for it. The below transactions are related to capital reimbursement of the fund that paid forthe expenditure from the fund that is responsible forthe expenditure. There is no effect on endingfund balances. Expenditure Increase (Decrease) Fund # Fund Title Object BARS Number Amount 117 Municipal Arts Fund Transfers 117.200.64.597.76.55.32 (3,000) 117 Municipal Arts Fund Capital -Other Funds 117.200.64.594.76.65.90 3,000 120 Hotel/Motel Tax Fund Transfers 120.000.31.597.76.55.32 (10,000) 120 Hotel/Motel Tax Fund Capital -Other Funds 120.000.31.594.76.65.90 10,000 132 Parks Construction Fund Capital -Other Funds 132.000.64.594.76.65.91 (13,000) Total Expenditure Increase (Decrease) $ (13,000) Revenue (Increase) Decrease Fund Fund Title Revenue Source BARS Number Amount 132 Parks Construction Fund Transfers 132.000.397.76.117.20 3,000 132 Parks Construction Fund Transfers 132.000.397.76.120.00 10,000 Total Revenue (increase) Decreasd $ 13,000 Ending Fund Balance Increase (Decrease) Fund Fund Title BARS Number Amount Total Ending Fund Balance Increase (Decrease) $ - 19 Packet Page 321 of 340 EXHIBIT "E": Budget Amendments (November 2013) Prepared By: Deb Sharp Department: Finance Description on Budget Amendment Summary: Utility/Street Reimbursement vs Transfer Adj Budget Amendment Detailed Description: Duringthe 2012 audit, the City was notified by the Auditor's Office that some of the City's transfers should be classified as reimbursements. Reimbursements are repayments from the fund responsible for particular expenditures/expenses to the fund that initially paid for them. They are adjustments to correctthe assignment of the expenditures/expenses. Reimbursements reduce expenditures/expenses in the fund that is reimbursed and move the expenditures/expenses to the fund that ultimately pays for it. The below transactions are related to capital reimbursement of the fund that paid forthe expenditure from the fund that is responsible forthe expenditure. Expenditure Increase (Decrease) Fund # Fund Title Object BARS Number Amount 421 Water Utility Transfer 421.000.74.597.42.55.12 (922,500) 421 Water Utility Capital -Other Funds 421.000.74.594.34.65.90 922,500 422 Storm Utility Capital -Other Funds 422.000.72.597.42.55.12 (228,500) 422 Storm Utility Capital -Other Funds 422.000.72.594.31.65.90 228,500 112 Street Construction Capital -Other Funds 112.200.68.595.95.65.91 (1,151,000) Total Expenditure Increase (Decrease) $ (1,151,000) Revenue (Increase) Decrease Fund Fund Title Revenue Source BARS Number Amount 112 Street Construction Transfer 112.200.397.42.421.00 922,500 112 Street Construction Transfer 112.200.397.42.422.00 228,500 Total Revenue (increase) Decreasd I $ 1 151 000 Ending Fund Balance Increase (Decrease) Fund Fund Title BARS Number Amount Total Ending Fund Balance Increase (Decrease) $ - 20 Packet Page 322 of 340 EXHIBIT "E": Budget Amendments (November 2013) Prepared By: Deb Sharp Department: Finance Description on Budget Amendment Summary: PWTF Loan Payment Budget Amendment Detailed Description: A draw in 2012 was not calculated into the one of the public works trust fund loan payments when the budget was developed in the fall of 2012. Need to add additional amounts to both the principal and interest payments on Public Works Trust Fund Loan #05-691-015 Expenditure Increase (Decrease) Fund # Fund Title Object BARS Number Amount 423 Sewer Uti I i ty Principal Payment 423.000.75.591.35.78.66 4,681 423 Sewer Uti I i ty Interest Payment 423.000.75.592.35.83.66 204 Total Expenditure Increase (Decrease) $ 4,885 Revenue (Increase) Decrease Fund Fund Title Revenue Source BARS Number Amount Total Revenue (increase) Decreas $ - Ending Fund Balance Increase (Decrease) Fund Fund Title BARS Number Amount 423 Sewer Utility 423.000.75.508.00.00.00 (4,885) Total Ending Fund Balance Increase (Decrease) 1 1 $ (4,885) 21 Packet Page 323 of 340 EXHIBIT "E": Budget Amendments (November 2013) Prepared By: Tod Moles Department: Street Department/ Public Works Description on Budget Amendment Summary: Street Cost Center Transfer Budget Amendment Detailed Description: This transfer will not affect the end fund balance. Iwould like totransferfunds from my Street dept "Profesional Services" line to my Street Dept "Repair-Maintenence" costcenterto payfor guardrail repairs made to North Meadowdale road and Pioneer Way. Expenditure Increase (Decrease) Fund # Fund Title Object BARS Number Amount 111 Traffic control repair/maintenance 111.000.86.542.64.48.00 9,000 111 Road/Street maintenance professional service 111.000.68.542.31.41.00 (9,000) Total Expenditure Increase (Decrease) $ Revenue (Increase) Decrease Fund Fund Title Revenue Source BARS Number Amount Total Revenue(Increase) Decreas 1 $ - Ending Fund Balance Increase (Decrease) Fund Fund Title BARS Number Amount Total Ending Fund Balance Increase (Decrease) $ - 22 Packet Page 324 of 340 EXHIBIT "E": Budget Amendments (November 2013) Prepared By: Sarah Cocker Department: Parks, Recreation & Cultural Services Description on Budget Amendment Summary: Sno County Grant for Wayfinding Signage Budget Amendment Detailed Description: An award of $11,000 was made by Snohomish Countyfrom Lodging Tax Funds to the City of Edmonds forfabrication of wayfinding signage in 2013. Matching funds were budgeted in the 2013 budget from the City 120 Hotel/Motel funds, butthe contract from the County had not been confirmed atthe time the 2013 budget was approved. Funds will be expended before the end of 2013. Expenditure Increase (Decrease) Fund # Fund Title Object BARS Number Amount 132 Parks Construction Fund Prof Services 132.000.64.594.76.41.00 11,000 Total Expenditure Increase (Decrease) $ 11,000 Revenue (Increase) Decrease Fund Fund Title Revenue Source BARS Number Amount 132 Parks Construction Fund Sno Cty Interlocal Gr 132.000.337.00.000.00 11,000 Total Revenue (increase) Decreasd $ 11,000 Ending Fund Balance Increase (Decrease) Fund Fund Title BARS Number Amount Total Ending Fund Balance Increase (Decrease) $ - 23 Packet Page 325 of 340 EXHIBIT "E": Budget Amendments (November 2013) Prepared By: Deb Shar Department: Finance Description on Budget Amendment Summary: Record 2013 Debt Issuance Budget Budget Amendment Detailed Description: This budget amendment isto establish budget appropriation forthe 2013 Revenue Bonds that were issued in August. The entry includes the revenue bond proceeds received in August, alongwith the bond premium and underwriter's discount. The bond proceeds are recorded into the issuing utilities fund and then transferred as described below. $926,054 is being transferred fromthe individual utility funds into Fund 424 (Bond Reserve Fund) for the debt service reserve requirements and debt issuance costs. $14,150,000 is being transferred into a bond construction subfund within each utility fund in order to track the expenses paid with bond proceeds. This distribution is consistant with authorized Council actions. Expenditure Increase (Decrease) Fund # Fund Title Object BARS Number Amount 421 Water Fund Transfer 421.000.74.597.34.55.21 5,000,000 421 Water Fund Transfer 421.000.74.597.34.55.24 330,281 421 Water Fund Underwriter's Disc 421.000.74.596.34.72.00 22,384 422 Storm Fund Transfer 422.000.75.597.31.55.21 850,000 422 Storm Fund Transfer 422.000.72.597.31.55.24 50,328 422 Storm Fund Underwriter's Disc 422.000.72.596.31.72.00 3,773 423 Sewer Fund Transfer 423.000.75.597.35.55.21 8,300,000 423 Sewer Fund Transfer 423.000.75.597.35.55.24 545,448 423 Sewer Fund Underwriter's Disc 423.000.75.596.35.72.00 37,117 424 Bond Reserve Fund Debt Issue Costs 424.000.71.592.38.84.00 24,760 424 Bond Reserve Fund Other Debt Issue Cos 424.000.71.592.38.89.00 58,782 Total Expenditure Increase (Decrease) $ 15,222,873 Revenue Increase Decrease Fund Fund Title Revenue Source BARS Number Amount 421 Water Fund Rev. Bond Proceeds 421.000.391.20.000.00 (5,310,000) 421 Water Fund Premium 421.000.392.20.000.00 42,665 421 Water Fund Transfer 421.200.397.34.421.00 5,000,002 422 Storm Fund Rev. Bond Proceeds 422.000.391.20.000.00 895,000 422 Storm Fund Premium 422.000.392.20.000.00 9,101 422 Storm Fund Transfer 422.200.397.31.422.00 850,000 423 Sewer Fund Rev. Bond Proceeds 423.000.391.20.000.00 8,805,000 423 Sewer Fund Premium 423.000.392.20.000.00 (77,565) 423 Sewer Fund Transfer 423.200.397.35.423.00 (8,300,000) 424 Bond Reserve Fund Transfer 424.000.397.34.421.00 330,281 424 Bond Reserve Fund Transfer 424.000.397.31.422.00 50,328 424 Bond Reserve Fund Transfer 424.000.397.35.423.00 545,448 Total Revenue Increase Decrease $ 30,215,388 Ending Fund Balance Increase (Decrease) Fund Fund Title BARS Number Amount 421 Water Fund 421.200.74.508.00.00.00 5,000,000 422 Storm Fund 422.200.72.508.00.00.00 850,000 423 Sewer Fund 423.200.75.508.00.00.00 8,300,000 424 Bond Reserve Fund 424.000.71.508.00.00.00 842,515 Total Ending Fund Balance Increase Decrease $ 14,992,515 24 Packet Page 326 of 340 EXHIBIT "E": Budget Amendments (November 2013) Prepared By: Deb Sharp Department: Finance Description on Budget Amendment Summary: 2013 Debt Payment Budget Amendment Detailed Description: This budget amendment is to establish budget appropriation forthe December 2013 debt service payments related to the August 2O13Revenue Bond Issuance. The debt service payments forthis debt issuance were included in the 2014 budget proposal. Expenditure Increase (Decrease) Fund # Fund Title Object BARS Number Amount 421 Water Fund Transfer 421.000.74.597.34.55.24 66,898 422 Storm Fund Transfer 422.000.72.597.31.55.24 11,308 423 Sewer Fund Transfer 423.000.75.597.35.55.24 110,911 424 Bond Reserve Fund Storm Interest 424.000.71.592.31.83.00 11,308 424 lBond Reserve Fund lWater Interest 424.000.71.592.34.83.00 66,898 424 lBond Reserve Fund I Sewer Interest 424.000.71.592.35.83.00 110,911 Total Expenditure Increase (Decrease) $ 378,234 Revenue (Increase) Decrease Fund Fund Title Revenue Source BARS Number Amount 424 Bond Reserve Fund Transfer 424.000.397.34.421.00 (66,898) 424 Bond Reserve Fund Transfer 424.000.397.31.422.00 (11,308) 424 Bond Reserve Fund Transfer 424.000.397.35.423.00 (110,911) Total Revenue (Increase) Decreas $ (189,117) Ending Fund Balance Increase (Decrease) Fund Fund Title BARS Number Amount 421 Water Fund 421.200.74.508.00.00.00 (66,898) 422 Storm Fund 422.200.72.508.00.00.00 (11,308) 423 Sewer Fund 423.200.75.508.00.00.00 110,911 424 Bond Reserve Fund 424.000.71.508.00.00.00 Total Ending Fund Balance Increase (Decrease) I (189,117) 25 Packet Page 327 of 340 EXHIBIT "E": Budget Amendments (November 2013) Prepared By: Department: Description on Budget Amendment Summary: Budget Amendment Detailed Description: Rob English Public Works Department 76th Ave Project The City of Lynnwood in conjunction with the City of Edmonds issued a Notice of Default to the contractor, Santana Trucking & Excavating, on October 9, 2013. Contract requirements specify a 15 day cure period ending on October 24, 2013 for Santana to remedy its default. Santana did not remedy the default during that period. The City of Lynnwood and City of Edmonds are now pursuing options to complete the project and address the present roadway conditions. The City is proposing an emergency resolution to hire Earthworks Enterprises and Lakeside Industries to replace the watermain and provide a temporary overlay of 76th Ave. The watermain replacement work can be completed within the available 76th Ave project budget. This amendment will provide additional budget authority to fund the temporary overlay. Proceeding with this work will be contingent upon the City of Lynnwood's commitment to reimburse the City for the overlay cost. Expenditure Increase (Decrease) Fund # Fund Title Object BARS Number Amount 421 Water Utility Fund Const Projects 421.000.74.594.34.65.10 130,300 421 Water Utility Fund Professional Service 421.000.74.594.34.41.10 5,000 421 Water Utility Fund Interfund Services 421.000.74.594.34.91.10 5,000 Total Expenditure Increase(Decrease) $ 140,300 Revenue (increase) Decrease Fund Fund Title Revenue Source BARS Number Amount 421 Water Utility Fund Interlocal Grant 421.000.337.10.000.00 (140,300) Total Revenue (Increase) Decrease $ (140,300) Ending Fund Balance Increase (Decrease) Fund Fund Title BARS Number Amount Total Ending Fund Balance Increase (Decrease) $ - 26 Packet Page 328 of 340 AM-6335 City Council Meeting Meeting Date: 11/19/2013 Time: 60 Minutes Submitted For: Roger Neumaier Department: Finance Review Committee: Type: Information Infnrmatian Subject Title Proposed Amendments to the 2014 City of Edmonds Budget Recommendation Discussion by Council members. Submitted By: Committee Action: 10. Roger Neumaier Previous Council Action The Mayor proposed his recommended 2014 City of Edmonds Budget to the City Council in a Council meeting on October 1, 2013. Department presentations and public tgestimony occurred on October 22 and October 29. A public hearing was held on November 4th on Budget revenue, property taxes and the proposed budget. Narrative The Finance Director will review proposed budgetary amendments and their budget impact. Council members will have an opportunity to discuss the amendments. This agenda item includes current proposed amendments, but a presentation from the Finance Director will include updated budgetary amendments and their impact on the proposed budget and City Fund balances. Attachments Proposed Amendments(d, 11-14 Form Review Inbox City Clerk Mayor Finalize for Agenda Form Started By: Roger Neumaier Final Approval Date: 11/15/2013 Reviewed By Date Scott Passey 11/15/2013 09:09 AM Dave Earling 11/15/2013 09:26 AM Scott Passey 11/15/2013 09:27 AM Started On: 11/15/2013 08:51 AM Packet Page 329 of 340 Proposed Amendment Description Amount Fund Comment Proposer Council Revenue amendments: Bank 1 % Property Tax instead of Levying it in 2014 Eliminate Decision Package #35 - Create New Capital Project Manager in GF Increases/(Decreases) in General Fund Revenue: Increases/(Decreases) in General Fund Expenditures: Corrections or Adjustments: Development Services Building Professional Services information omitted from recommended budget. Decision Package Modifications: Eliminate Decision Package #5 - NonDepartmental Longevity Program Decision Package # 16: An additional policeman rather than another Assistant Chief Eliminate Decision Package #35 - Create New Capital Project Manager in GF Reduce Decision Package #46- GF portion of Reserve for Major Capital Projects. This package could positively impact the General Fund fund balance by an amount of from $0 to $400 thousand General Fund impact. New Funding Proposals: Increase Professional Services in Development Svcs for code re -write (98,000) 001 Assumes the alternate PP Tax ordinance (Banking) is passed by the Petso Council. (97,286) 001 Buckshnis (195,286) These appropriations are intended to provide consultant review services for building structure reviews that require outside expertise. They are 32,000 001 included in the basis for fees charged and as a result are offset by Chave revenues that have been included in the budget. The amount included here is based upon an estimate related to the technically complicated permits that are anticipated. 001 001 (31,900) 001 We have other alternatives to do. Buckshnis (10,067) 001 Buckshnis (97,286) 001 This can be outsourced. - Assumption is that the Utility budgets which be Buckshnis adjusted to professional services from salary and expense. 001 This amendment would eliminate amounts not utilized by the Council. So, Buckshnis it is an up to $400 thousand impact. 75,000 001 Increase Professional Services in Development Svcs of $75,000 for the Bloom second year of the code re -write to be restored to the 2014 budget Packet Page 330 of 340 Proposed Amendment Description Amount Fund Comment Proposer Code Re -write of Tree Code Half-time coordinator of all volunteers Transfer to Fund 132 for Marsh Restoration 30,000- 40,000 to hire a temporary part time council contract staff to coordinate the strategic plan times 30,000-40,000 to hire a temporary part time council contract staff to coordinate the economic redevelopment to Highway 99 for 1 year. Annual Citizen Appreciation Picnic Council part-time legislative analyst position Transfer of $100,000 from General Fund to 112 for SR104 Study. Green Resource Room at City Hall. 25,000 001 Matching funds could potentially be obtained by the Tree Board for Bloom updating our code related to trees. 40,000 for a half time coordinator of all volunteers (board, commission, 40,000 001 etc members, and student volunteers to boards and commissions) and to Bloom be overseen by Council. Transfer to 132 to establish a "fund" that is for Marsh restoration so that 200,000 in future years we are not required to have to come up with a large amount Buckshnis of money and since we are given some set aside money. Provides 30,000- 40,000 to hire a temporary part time council contract staff to coordinate the strategic plan times 1 year. This person would report directly to council but would work with stake holders and city staff to oversee plan and coordinate movement of plan and would have direct 40,000 001 accountability to council.City staff nor city council, being the responsible Fraley - party, have enough work time to complete this important project. This Monillas was very relevant during the EDC meeting as concerns were brought forth that very little had been completed with plan in 2 years. This would be a one time expenditure, one year contract position in order to coordinate Dlan. Provides 30,000-40,000 to hire a temporary part time council contract staff to coordinate the economic redevelopment to Highway 99 for 1 year. This person would report directly to council and coordinate services Fraley- 40,000 40,000 001 thru staff to oversee a viable plan. The Highway 99 volunteer task force has met for approximately 10 years. Highway 99 brings in about 80% of the sales tax base to Edmonds and is enriched with many more opportunities but needs a staff to pursue issues related. 1,000 001 Johnson 40,000 001 Salary and Benefits Johnson 100,000 001 Increase Fund for SR104 Study from $50,000 to $150,000. Johnson $25k from the council funds to support the development of a "Green Resource Room" at city hall for permit applications, staff training 25,000 001 regarding sustainable designibuilding practices low impact development, Peterson energy conservation, etc. The total funding for this project would be $50k with the other $25k coming from sewer, water, and stormwater utilities. Packet Page 331 of 340 Proposed Amendment Description Amount Fund Comment Proposer Small Matching Grant Reserves for Boards and Commissions Increases/(Decreases) in General Fund Expenditures: Net General Fund Budget Changes from amendments Budget Changes (Other Funds) Council Revenue amendments: Grant Funding Opportunity for Marsh Restoration Transfer of Funds from General Fund for SR 104 Study Increases/(Decreases) in Other Funds Revenue: Council amendments: Increase Fund for SR104 Study from $50,000 to $150,000. Green Resource Room at City Hall. Green Resource Room at City Hall. Green Resource Room at City Hall. Marsh Restoration $50k in reserve for small grant matching capabilities for boards and commissions. Most notably the Tree Board and Economic Development 50,000 001 Commission. I do not know of any specific grant opportunities but think it Peterson could be wise to have monies set aside that could be accessed quickly. This may fall into council contingency funding. _528,747 ( /L4,u i i) 200,000 132 Transfer from General Fund Buckshnis 100,000 112 Increase Fund for SR104 Study from $50,000 to $150,000. Johnson 300,000 100,000 112 Johnson $25k from the council funds to support the development of a "Green Resource Room" at city hall for permit applications, staff training 8,333 421 regarding sustainable design/building practices low impact development, Peterson energy conservation, etc. The total funding for this project would be $50k with the other $25k coming from sewer, water, and stormwater utilities. 8,333 422 Same Peterson 8,333 423 Same Peterson Establish a "fund" that is for Marsh restoration so that in future years we 200,000 132 are not required to have to come up with a large amount of money and Buckshnis since we are given some set aside money. Packet Page 332 of 340 Proposed Amendment Description Amount Fund Comment Proposer Historic Preservation Commission Brochure Historic Preservation Commission Brochure Increases/(Decreases) in Other Fund Expenditures: Net Budget Changes (Other Funds) from amendments 2,500 1,500 329,000 (29,000) 014 Amounts for Historical Preservation to re -print brochures. Amount shown is preliminary. Researching amount required at this time. 014 Petso Johnson Packet Page 333 of 340 AM-6327 City Council Meeting Meeting Date: 11/19/2013 Time: 15 Minutes Submitted By: Scott Passey Department: City Clerk's Office Review Committee: Committee Action: Type: Information Information Subject Title Report on City Council Committee Meetings of November 12, 2013 Recommendation For information. Previous Council Action N/A it. Narrative Copies of the meeting minutes are attached for the following City Council committee meetings: 11-12-13 Finance Committee 11-12-13 Parks, Planning and Public Works Committee 11-12-13 Public Safety and Personnel Committee 11-12-13 Finance Committee minutes 11-12-13 PPP Committee minutes Attachments Form Review Form Started By: Scott Passey Started On: 11/14/2013 09:42 AM Final Approval Date: 11/14/2013 Packet Page 334 of 340 FINANCE COMMITTEE MEETING MINUTES November 12, 2013 Councilmembers Present Councilmember Yamamoto, Chair Councilmember Adrienne Fraley-Monillas Councilmember Buckshnis Public Present None Staff Present Roger Neumaier, Finance Director Stephen Clifton, Comm. Serv./Econ. Dev. Dir. Phil Williams, Public Works Director Francis Chapin, Cultural Services Manager Jeannie Dines, Recorder Councilmember Yamamoto called the meeting to order at 9:12 p.m. A. Update for renewal of 2014 Executive Assistant to Council Employment Agreement Action: Schedule on Consent Agenda B. Authorization for Mayor to Sign Intergovernmental Cooperative Purchasing Agreement with Alderwood Water & Wastewater District (AWWD) Mr. Williams reported this will allow the City to utilize AWWD's Supply and Delivery of Programmable Logic Controller (PLC) Equipment contract to replace the PLC at the City's treatment plant. Action: Schedule on Consent Agenda C. Authorization for the Mayor to Sign the SRF Loan from the State of Washington for WWTP Switchgear Protect Mr. Williams explained the original intent was to borrow $1.3 million at 2.3% for 20 years with partners Mountlake Terrace, Ronald Sewer and Olympic Water and Sewer District. A question was raised whether the City could borrow funds for the benefit of all partners. The recommendation was to finance Edmonds' portion of the project, approximately $650,000, and the others will identify their own financing. Action: Schedule for short presentation at full Council H. Authorization for Mayor to Sign HGAC Interlocal Contract for Cooperative Purchasing Agreement Mr. Williams explained the City purchased a sweeper last year via the Houston -Galveston Area Council Interlocal Contract. The auditor found the Interlocal Contract was not presented to the Council in the form of a resolution as required by State law. Action: Schedule on Consent Agenda D. Discussion of Edmonds Public Facilities District Task Force Preliminary Report Mr. Neumaier recalled in early September he presented a proposal to the Council. Council President Petso recommended the Task Force review the PFD's financial situation and provide the Council a report. Mr. Neumaier reviewed the PFD Task Force Preliminary Report including the value and impact of the organization to the community, the PFD's external debt, revenue sources, uncertainty of revenue sources, ownership, grant agreement approach, audit issues, funding analysis of comparable Packet Page 335 of 340 entities, policy objectives of the City in regard to the PFD, and risk for the City. Discussion followed regarding the long term capital debt issue and ownership structure of other PFD facilities. Suggestions included trending the PFD's revenues and the PFD providing a five year operating history and projections. Action: Discussion only E. Discussion and Potential Action regarding Audited Financial Statement Issue and Council Oversight of Removing Receivables Councilmember Buckshnis outlined the two issues to be addressed, 1) should the administration be granted the power to perform the removal of receivables without Council consent, and 2) should the financial statements be restated to reflect the true nature of the accounting transaction. Mr. Neumaier supported the auditor's recommendation and suggested a third party expert provide an opinion. He also suggested researching the standard in other cities. A lively discussion followed regarding whether administration should be permitted to remove receivables without Council authorization, determining a mechanism when removal of a receivable comes to Council, and establishing a policy for prior period adjustment. It was suggested Councilmember Buckshnis and Mr. Neumaier each develop individual opinions including how this is handled in other cities. It was agreed further discussion would be postponed until the PFD's audit is finalized. Action: When PFD audit finalized, determine if issue will return to Finance Committee for further discussion or go to full City Council. F. 2013 November Budget Amendment Mr. Neumaier reviewed the November budget amendment. He distributed an amendment for the 76tn Avenue project which the Council approved tonight. He responded to questions regarding the increase in TBD revenue and staff member who provides services to various funds. Action: Schedule for full Council G. 2013 September Budgetary Financial Report Mr. Neumaier reviewed the report; as requested, several items have been added to the report. He highlighted: • General Fund revenues are 6.8% over 2012 YTD • Expenditures are anticipated to be 2% under budget • Stormwater bond revenue is not yet reflected • REET revenue is expected to exceed $900,000 by yearend • The economy looks good Mr. Neumaier responded to Council questions regarding the risk management reserve and Human Resource expenses. Action: Schedule quarterly report for full Council I. Public Comments - None Adjournment — The meeting adjourned at 10:07 PM. Packet Page 336 of 340 Public Works, Parks and Planning Committee Meeting November 12, 2013 Elected Officials Present: Council Member Kristiana Johnson Council Member Lora Petso The committee convened at 8:00 p.m. Staff Present: Phil Williams, Public Works Director Rob English, City Engineer Carrie Hite, Parks, Rec. & Cultural Services Director Rob Chave, Acting Development Services Director A. Minor technical amendments to ECDC 10.90.040 regarding the Historic Preservation Commission's powers and duties. Mr. Chave reviewed the proposed code change. This was proposed by the Historic Preservation Commission and is intended to bring the code into consistency with the Commission's mission and responsibilities. ACTION: The proposed amendment will be placed on a future consent agenda for approval. B. Expression of support for potential solar grant partnership. Mr. Chave introduced the proposal by NW SEED to seek a grant from Snohomish County PUD for a solar initiative in the county. NW SEED is asking the City to act as a partner/community sponsor on the project, which would provide the community with the potential to contract for low- cost solar installations similar to other successful projects undertaken by NW SEED in the Seattle -Snohomish County area. The program seeks proposals from qualifited contractors, and a guaranteed price is negotiated which would be accessible to people within the community. All contracting would be done by individuals directly with the selected contractor; the City would help publicize the availability of the program, but would not be responsible for the program's operation. If the grant application is successful, a memorandum of understanding would be developed. NW SEED is asking for a letter from the City as a local community sponsor in support of the program. ACTION: The proposed authorization will be placed on the next Council agenda for approval, with the understanding that any future memorandum of understanding resulting from a successful grant would undergo further Council review. C. 2014 Engineering and Development Services Fees resolution. Mr. Chave summarized the fee proposal, noting that fees have not been updated since 2009. Staff did extensive analysis on the cost of providing service, and the fees make an attempt to include overhead and the full costs of permitting. While many building fees are in line with other jurisdictions and will not be changed, the large majority of fees are proposed to be increased. The Committee reviewed several fees, with the discussion pointing out that appeals are still being subsidized (so that appeals are still affordable and accessible) and some minor permits are kept low (e.g. fences) to reflect the relatively low cost of the project. High fees on small projects would tend to encourage people to not seek the permit. Packet Page 337 of 340 ACTION: Move to the full Council as an agenda item for approval. D. Authorization for Mayor to sign agreements with Frontier, Snohomish County PUD, Comcast, and Astound Broadband, LLC for the underground conversion of overhead utility lines within the Five Corners Roundabout project limits. Mr. English explained that the City will be preparing agreements with each Utility Company to address the relocation of overhead utilities to underground for the Five Corners Project. Each agreement will be placed on the consent agenda after they have been approved by the City Attorney and accepted by the utility company. ACTION: The agreements will be placed on future consent agendas for approval. E. Authorization for Mayor to Sign Intergovernmental Cooperative Purchasing Agreement with Alderwood Water & Wastewater District. Mr. Williams explained why the Agreement is needed to purchase programmable logic controller (PLC) equipment for the Wastewater Treatment Plant. ACTION: Moved to consent agenda for approval. F. Authorization to award a contract for the Citywide Safety Improvements Project. Mr. English informed the committee that the project has been advertised for construction bids and the bids are due on Friday, Nov 15'h. Staff will review the low bid and if it is acceptable, then a recommendation to award will be placed on the next available consent agenda. ACTION: Moved to consent agenda for approval at a future Council meeting. G. Authorize Mayor to sign Interlocal Agreement with Snohomish County for Conservation Futures Grant to acquire beachfront property. The PPP committee is forwarding this to Council on consent. ACTION: Moved to consent agenda for approval. H. Authorization for Mayor to sign HGAC Interlocal Contract for Cooperative Purchasing Agreement. Mr. Williams recommended executing a Resolution authorizing the purchase of a street sweeper. ACTION: Moved to consent agenda for approval. I. Authorization for Mayor to sign Supplemental Agreement #8 with David Evans & Associates for additional illumination work for the Five Corners Roundabout project. Mr. English outlined the scope of work and how the services are needed to incorporate the art work in the center of the roundabout. The additional services will be paid with local funds. Packet Page 338 of 340 ACTION: Moved to consent agenda for approval. J. Authorization for Mayor to sign an Interlocal Agreement (ILA) with Snohomish County for a Natural Yard Care Practices Outreach Program Targeting Homeowners. Mr. English provided a summary of the outreach program that Snohomish County received a grant to administer. The City's contribution to fund this outreach program is $2,800. ACTION: Moved to consent agenda for approval at a future Council meeting. K. Authorization for the Mayor to sign Supplemental Agreement No. 2 with the Blueline Group for additional construction inspection and administration services. Mr. English gave an overview of the professional services that Blueline will be providing as part of Supplemental No. 2. Blueline will be providing construction support services for the 76th Ave Waterline replacement and the sewer CIPP rehabilitation project. ACTION: Moved to consent agenda for approval. L. Acceptance of a 50-foot street dedication (105th PI W) and authorization for Mayor to sign face of plat documents accepting the street dedication. Mr. English reviewed the street dedication, city utilities and utilities owned by the Olympic View Water and Sewer District. ACTION: The Plat will be presented to the full Council for approval on December 3rd M. Veterans' Memorial Park Update. Carrie Hite gave an update on the proposed location and requested the Committee for forward it to Council for approval. Councilmember Peterson, Planning Board member Tibbot, and Mr. Ron Clyborne were in attendance, representing the veteran's committee that will be working on this. The location selected is the grassy area on the south side of the Public Safety Building. The committee will be presenting this proposed location to full Council on November 26th, 2013. ACTION: The committee will be presenting this proposed location to full Council on November 26th, 2013. N. City Park project update. Carrie Hite gave a brief update on the timeline for awarding bids for both the Play area equipment and Spray area equipment, and requested the PPP committee to hold a special meeting next week to review and approve for full Council. Carrie Hite will coordinate with both Councilmember Johnson and Councilmember Petso, and City Clerk Scott Passey to arrange this. ACTION: A special PPP meeting will be held the week of November 18th O. Public Comments Packet Page 339 of 340 None. The meeting adjourned at 10:00 pm. Packet Page 340 of 340