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2012.10.30 CC Meeting - Budget Work Session Agenda              AGENDA EDMONDS CITY COUNCIL Council Chambers ~ Public Safety Complex 250 5th Avenue North, Edmonds OCTOBER 30, 2012             7:00 P.M. - CALL TO ORDER / FLAG SALUTE   1.(5 Minutes)Roll Call - Motion to excuse Council President Peterson.   2.(5 Minutes)Approval of Agenda   3.(5 Minutes)Approval of Consent Agenda Items   A.AM-5215 Approval of City Council Meeting Minutes of October 23, 2012.   B.AM-5216 Approval of claim checks #135001 through #135143 dated October 25, 2012 for $605,749.78 (replacement check #135136 $130.00).   C.AM-5209 2012-2013 Edmonds Police Officers Association Law Enforcement Commissioned Employees collective bargaining agreement.   4.Audience Comments (3 minute limit per person)* *Regarding matters not listed on the Agenda as Closed Record Review or as Public Hearings   5.(15 Minutes) AM-5214 Medical insurance coverage change.   6.(15 Minutes) AM-5211 Discussion regarding the Voluntary Separation Incentive Program.   7.(3 Hours) AM-5212 Budget Work Session   8.(5 Minutes)Mayor's Comments   9.(15 Minutes)Council Comments Packet Page 1 of 162   ADJOURN   Packet Page 2 of 162    AM-5215     3. A.              City Council Meeting - Budget Work Session Meeting Date:10/30/2012 Time:Consent   Submitted By:Sandy Chase Department:City Clerk's Office Review Committee: Committee Action:  Type: Action  Information Subject Title Approval of City Council Meeting Minutes of October 23, 2012. Recommendation Review and approval. Previous Council Action N/A Narrative Attached is a copy of the draft minutes. Attachments 10-23-12 Draft City Council Minutes Form Review Inbox Reviewed By Date Mayor Dave Earling 10/26/2012 11:19 AM Finalize for Agenda Sandy Chase 10/26/2012 11:21 AM Form Started By: Sandy Chase Started On: 10/25/2012 09:54 AM Final Approval Date: 10/26/2012  Packet Page 3 of 162 Edmonds City Council Draft Minutes October 23, 2012 Page 1 EDMONDS CITY COUNCIL DRAFT MINUTES October 23, 2012 The Edmonds City Council meeting was called to order at 7:01 p.m. by Mayor Earling in the Council Chambers, 250 5th Avenue North, Edmonds. The meeting was opened with the flag salute. ELECTED OFFICIALS PRESENT Dave Earling, Mayor Strom Peterson, Council President Frank Yamamoto, Councilmember Joan Bloom, Councilmember Kristiana Johnson, Councilmember Lora Petso, Councilmember Adrienne Fraley-Monillas, Councilmember ELECTED OFFICIALS ABSENT Diane Buckshnis, Councilmember STAFF PRESENT Stephen Clifton, Community Services/Economic Development Director Phil Williams, Public Works Director Shawn Hunstock, Finance Director Rob Chave, Acting Development Services Dir. Carl Nelson, CIO Rob English, City Engineer Renee McRae, Recreation Manager Deb Sharp, Accountant Jeff Taraday, City Attorney Sandy Chase, City Clerk Jana Spellman, Senior Executive Council Asst. Jeannie Dines, Recorder 1. ROLL CALL – MOTION TO EXCUSE COUNCILMEMBER BUCKSHNIS City Clerk Sandy Chase called the roll. All Councilmembers were present with the exception of Councilmember Buckshnis. COUNCIL PRESIDENT PETERSON MOVED, SECONDED BY COUNCILMEMBER YAMAMOTO, TO EXCUSE COUNCILMEMBER BUCKSHNIS. MOTION CARRIED UNANIMOUSLY. 2. APPROVAL OF AGENDA COUNCIL PRESIDENT PETERSON MOVED, SECONDED BY COUNCILMEMBER PETSO, TO ADD REPORT ON CITY COUNCIL COMMITTEE MEETINGS AS AGENDA ITEM 7A. MOTION CARRIED UNANIMOUSLY. COUNCILMEMBER PETSO MOVED, SECONDED BY COUNCIL PRESIDENT PETERSON, TO APPROVE THE AGENDA AS AMENDED. MOTION CARRIED UNANIMOUSLY. 3. APPROVAL OF CONSENT AGENDA ITEMS COUNCILMEMBER PETSO MOVED, SECONDED BY COUNCILMEMBER YAMAMOTO, TO APPROVE THE CONSENT AGENDA. MOTION CARRIED UNANIMOUSLY. The agenda items approved are as follows: A. APPROVAL OF CITY COUNCIL MEETING MINUTES OF OCTOBER 16, 2012. B. APPROVAL OF CLAIM CHECKS #134853 THROUGH #135000 DATED OCTOBER 18, 2012 FOR $521,809.97 (REPLACEMENT CHECK #134899 $150.00). APPROVAL OF PAYROLL DIRECT DEPOSIT & CHECKS #51749 THROUGH #51762 FOR $501,784.91, BENEFIT CHECKS #51763 THROUGH #51771 & WIRE PAYMENTS OF $218,969.64 FOR THE PERIOD OCTOBER 1, 2012 THROUGH OCTOBER 15, 2012. Packet Page 4 of 162 Edmonds City Council Draft Minutes October 23, 2012 Page 2 4. AUDIENCE COMMENTS Roger Hertrich, Edmonds, referred to last week’s Council meeting, commending the Council on their perceptiveness regarding the choices and decisions with regard to the Main Street underpass. He noted the Council apparently did not have the same information that Mayor Earling had on that subject. He recommended in the future when the Mayor has an idea that might work for City, he discuss it with the Council first. 5. OCTOBER 2012 BUDGET AMENDMENT ORDINANCE. Finance Director Shawn Hunstock highlighted several amendments, noting further detail regarding the amendments is contained in the Council packet: • Two items related to staffing, one in Finance and one in Planning • Work performed by the accounting system software vendor to make changes to the City’s chart of accounts, required by State Auditor’s Office • Two amendments related to the fiber project • Cost of the vehicle propane conversion that was previously approved by Council • Transfer $2500 from the Criminal Investigation Fund to the Drug Enforcement Fund and close the Criminal Investigation Fund • Minor corrections to the July budget amendment related to debt refinancing Councilmember Petso recalled discussion last week about adding spending authority for the Historic Preservation Commission (HPC). Mr. Hunstock distributed information regarding the HPC amendment. He explained the HPC met yesterday to formally adopt a budget for 2012; this would be an addition to the October budget amendment to allow the HPC to begin fundraising activities and set up revenue and expenditure accounts for printing their calendar. Councilmember Johnson reported she attended the HPC meeting. The HPC plans to distribute a 2013 calendar; this budget amendment will assist with that. She referred to the budget amendment related to the promotion of Kernen Lien from Associate Planner to Senior Planner, recognizing Mr. Lien’s ability to perform a variety of highly complex land development and Comprehensive Plan studies; he is always prepared and professional and has been very helpful to the Planning Commission. Councilmember Johnson thanked Mr. Lien for his hard work. Councilmember Yamamoto asked whether the HPC had sufficient funds to cover the costs of printing the calendar. Mr. Hunstock explained the HPC plans to seek sponsorships for the calendar which will provide more than enough to pay for the cost of printing. The calendars will not be printed until sufficient funds have been received to cover the cost of printing. COUNCIL PRESIDENT PETERSON MOVED, SECONDED BY COUNCILMEMBER PETSO, TO APPROVE ORDINANCE NO. 3897, AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON, AMENDING ORDINANCE NO. 3893 AS A RESULT OF UNANTICIPATED TRANSFERS AND EXPENDITURES OF VARIOUS FUNDS. MOTION CARRIED UNANIMOUSLY. 6. LAKE BALLINGER/MCALEER CREEK WATERSHED FORUM UPDATE Public Works Director Phil Williams explained the forum, comprised primarily of representatives from Mountlake Terrace, Edmonds and Lake Forest Park, seeks to analyze and eventually solve problems related to Lake Ballinger and McAleer Creek, primarily focusing on flooding issues and eventually water quality and habitat issues. During the last nine months, the lobbyist the cities hired has been working on those two issues, seeking funding from, 1) Water Resources Development Act (WRDA), and/or 2) direct Packet Page 5 of 162 Edmonds City Council Draft Minutes October 23, 2012 Page 3 appropriations at the congressional level. There has been a great deal of publicity related to Lake Ballinger; representatives from local legislative offices representing the cities as well as Congressman Jim McDermott and Congressman Rick Larsen have toured the site and looked at the issues. The primary work product, being done by Mountlake Terrace with Edmonds providing some funding, is developing a design to replace the three culverts that currently convey lower McAleer Creek out of Lake Ballinger and through the I-5 cut. The culverts impede the flow of water out of the lake which allows lake levels to rise. Removing the restrictions will allow the water to flow out more quickly which will prevent lake levels from rising. He anticipated Mountlake Terrace will put the project out to bid in the spring (replacing the culverts with two open bottom arch culverts and a bridge on the Nile property in Mountlake Terrace). The governor’s office asked the forum to submit a state capital budget request; the amount agreed upon was $750,000. Because the State’s highest priority in managing stormwater and flood waters is incorporating low impact development techniques, that will be the focus of the project. Mr. Williams reported Councilmember Petso, who has represented the Council on the forum, is stepping down; Council President Peterson has offered to be the new representative. Councilmember Petso commented one of the unusual aspects of the Lake Ballinger project is the City may be asked to contribute funds for a project on private property in another jurisdiction in order to address flooding of properties in Edmonds. She preferred projects be done on public property whenever possible. Mr. Williams responded he did not anticipate the City would fund a project on private property in another jurisdiction. Funds will be divided equally between the three jurisdictions to fund projects within each city. The intent is to spend the money in a manner that has the greatest possible impact on the reduction of flooding, independent of where it is located. 7. BUDGET WORK SESSION Finance Director Shawn Hunstock explained staff will maintain a list of proposed changes to the budget and a spreadsheet illustrating the positive/negative impact of any proposed changes. He reviewed the budget schedule: • October 30 o Budget Work Session • November 5 o Public hearing on revenue sources including property taxes o Public hearing on 2013 budget • November 20 o Public hearing on 2013 budget o 2013 budget adoption Budget Overview Mr. Hunstock referred to page 17 of the 2013 budget, explaining a series of policies are included in the budget document. Some policies were included in past budgets and others are policies the Council adopted over the past year, such as the reserve policy and investment policy. He encouraged Councilmembers to review the policies and inform him of any suggested changes that would then be included with adoption of the final budget. He referred to page 18 of the budget, explaining during the 2011 audit, the Auditors asked for the City’s capitalization policy. After much research, staff discovered the City did not have such a policy. The Capital Asset Policy that has been included in the City’s Annual Financial Statement for several years was included in the 2013 budget. This policy has never been formally adopted as a policy; it will be presented to the Finance Committee prior to yearend. Packet Page 6 of 162 Edmonds City Council Draft Minutes October 23, 2012 Page 4 Councilmember Fraley-Monillas asked if Councilmembers should hold proposed amendments until the meeting when the Council discusses adoption of the budget. Mr. Hunstock suggested Councilmembers email him any suggested changes to the policies. He will provide the Council a strikethrough/underlined version of proposed changes. Staff will also maintain a comprehensive list of proposed amendments. Once all amendments have been proposed, he suggested Council prioritize the list so that all amendments have equal consideration. Councilmember Petso recalled during prior budgets, amendments were proposed in advance identifying the Councilmember that proposed it. The list of amendments was then posted so citizens and Councilmembers have an opportunity to review the amendments. She suggested using that procedure. Mr. Hunstock agreed that could be done and offered to identify the Councilmember proposing the amendment on the spreadsheet where the impact of the proposed amendment on the budget is illustrated. Mr. Hunstock referred to page 21, an updated Strategic Outlook 2010-2017. The 2013 budget is balanced with total revenues of approximately $32.9 million and approximately $32.9 million in expenditures. He explained the 2010 ending fund balance on the Strategic Outlook does not equal 2011 beginning fund balance. The reason is there have been changes in accounting standards that define fund balance and the fund balance in the General Fund. It was decided not to include any reconciliation on the Strategic Outlook in the budget document but could be done later if the Council wishes. He distributed a reconciliation to illustrate the numbers tie to the City’s audited financial statements. Mr. Hunstock relayed a comment from Councilmember Buckshnis about the use of increases in fund balance the last two years and a projected increase in 2012; $786,000 in 2010, $780,000 in 2011, and an estimated $307,000 in 2012. Mr. Hunstock referred to the August Financial Report presented at the October Finance Committee meeting. He pointed out the fund balance in the General Fund decreased from $5.7 million to $3.5 million. Most of that is related to funding the Contingency Reserve Fund; $2 million was moved from the General Fund into the Contingency Reserve Fund 012. In addition $1.9 million in the Emergency Financial Reserve Fund as well as the $1.3 million set aside from the sale of fire assets were moved into the Contingency Reserve Fund 012 which now has a balance of approximately $5.3 million. Mr. Hunstock relayed another question which was whether the B Fund, the operations and maintenance portion of the Equipment Rental Fund, was funded. He explained the B Fund contributions were funded in the 2013 budget. The General Fund component of that is $301,000; all funds total $525,000. The B Fund was not funded in 2011 and 2012. It is the opinion of Public Works and the fleet maintenance professionals that the City cannot go another year without funding the B Fund. Mr. Hunstock relayed another question regarding cost of living adjustments (COLA) included in the 2013 budget. He explained the 2013 budget includes 2% for all employees, represented and non-represented. He distributed and briefly reviewed a history and projection of COLAs. The 2% COLA for nonrepresented employees in 2013 is approximately $60,000. In response to a question from Councilmember Buckshnis regarding utility taxes and REET, Mr. Hunstock explained the projections for utility taxes have been changed and the budget for REET has been increased. As reflected in the August Financial Report, gas utility taxes are lower than budgeted in 2012; the 2013 budget for gas utility tax has been lowered. He summarized the 2013 utility tax budget reflects changes that have occurred during 2012 and to the extent those changes can be projected to continue. Mr. Hunstock relayed a question from Councilmember Petso regarding the property tax outlook in 2017. He explained the reason for the decrease is the last year of the voted bond levy is 2016 which reduces property taxes by approximately $900,000 in 2017. Councilmember Petso asked whether the corresponding debt service obligation was also satisfied at that time. Mr. Hunstock agreed it was. Packet Page 7 of 162 Edmonds City Council Draft Minutes October 23, 2012 Page 5 Mr. Hunstock relayed another question regarding benefit expenses shown on the Strategic Outlook, increasing from $4.041 million in 2012 to $4.153 million. He explained when the deficit of $1.5 million was projected for 2013, it included an 11% increase in the AWC health insurance premiums. Savings were accomplished via a different health insurance plan, estimated to save $333,000 which exceeds the target of $250,000. The difference between the 2012 costs and 2013 is only approximately $20,000; the $333,000 savings is between the 2012 costs and the projected increase in AWC health insurance premiums. The savings is partially offset by a significant increase in the PERS contribution rates which increased from 7.21% 9.6%. The net result when comparing 2012 to 2013 is a cost increase due to the modest savings in health insurance offset by the increase in PERS contribution rates. Councilmember Yamamoto asked about grants reflected in the Strategic Plan. Mr. Hunstock responded amounts in 2010 and 2011 are actual grants received. Most of the grant activity does not occur in the General Fund; grants are typically in the Street Fund and REET Funds. Grant opportunities arise throughout the year and typically actual grant revenue is higher than the amount included in the budget. He offered to provide details regarding the $209,434 received in grants in 2010. Councilmember Fraley-Monillas inquired about Fines and Forfeitures. Mr. Hunstock answered forfeitures are deposits that were surrendered, etc. Most of the revenue in Fines and Forfeitures is penalties, traffic citations, court items, etc. Accountant Deb Sharp agreed it was primarily fines, very little is forfeitures. Mr. Hunstock referred to page 25, a graph and list of employee count by department. He corrected the Court 2013 budget; it should be 6.5 FTE, not 7.0. Councilmember Bloom asked Mr. Hunstock to explain the chart in more detail. Mr. Hunstock explained it is 2013 budgeted positions by department. Most of the reductions relate to the Voluntary Separation Incentive Program (VSIP), staffing changes related to across-the-board reductions or department reorganizations. Councilmember Bloom asked about the .5 FTE in City Council. Mr. Hunstock answered that is the part-time Senior Executive Council Assistant. Councilmember Petso referred to page 26, Property Tax New Construction, and requested a column be added showing the property revenue from the new construction assessment. Mr. Hunstock referred to page 27, 2013 Revenue Summary – All Funds, explaining this is a new chart that shows prior year actuals, the 2012 budget, 2012 estimate, 2013 budget, change between 2013 and 2012 budget and change between 2013 and 2012 estimate. He relayed a question from Councilmember Petso regarding the 2012 estimates in the two REET funds. The difference in the 125 Fund is it includes funds transferred from the General Fund related to Haines Wharf which were approved by the Council. There typically is a difference in the revenue between the two REET funds due to grant revenue. Mr. Hunstock explained a few changes to page 27 related to the bond refinancing will be required before the final budget is adopted by Council. The recent bond refinancing was very successful; the anticipated savings of $1.4 million was actually $1.9 million due to very low interest rates, 1.69%. The budget was developed using the assumption of $1.4 million savings. Most of the savings occur in the future but there are some savings in 2013. He distributed information regarding the savings related to the bond refinancing. In the General Fund there is a savings of $7,500 in 2013; it could be allocated for other purposes or added to reserves. Councilmember Petso referred to a significant increase in the Firemen’s Pension Fund shown on page 27. She asked whether that was a permanent increase or a one-time increase. Mr. Hunstock responded it was more than likely a permanent increase. He will address that issue later in his presentation. Packet Page 8 of 162 Edmonds City Council Draft Minutes October 23, 2012 Page 6 Councilmember Bloom asked about the Memorial Tree Fund, noting there is a limited amount in the fund on page 27 but page 29 reflects a beginning fund balance of $17,673. Mr. Hunstock explained the $17,673 is fund balance, page 27 is revenue and page 28 is expenditures. No activity is budgeted in that account in 2013 other than $27 in interest. He suggested any specific questions be asked during review of the Parks & Recreation budget next week. Mr. Hunstock referred to page 29, and the $123,223 transferred from the General Fund to the Contingency Reserve Fund. He explained the target the Council adopted for the Contingency Reserve is 16% of General Fund revenues which changes as revenues change. The $123,223 transfer funds the Contingency Reserve at $5.4 million, slightly short of the 16% target. To the extent funds are available, he proposed increasing that allocation to meet the 16% target. The current amount is approximately $73,000 short of 16% of General Fund revenue. Mr. Hunstock explained all the pages after page 29 are new information added to the 2013 budget document. He referred to page 37, 2012 Property Tax Rates by Jurisdiction. He pointed out the City receives a small portion of property taxes collected; just under 21% for the regular property tax levy, EMS levy and voted bond levy. The City’s regular property tax levy for 2012 was $1.66. For Councilmember Petso, Mr. Hunstock advised the City Bonds on the pie chart on page 37 should be 1.5%. Council President Peterson commented the labels on the pie chart did not appear to be correct as the size of the slices did not match the percentage. Mr. Hunstock agreed that needed to be corrected and assured the percentages in the table on page 38 were correct. He distributed additional information regarding the City’s property tax levy that was distributed at the October Finance Committee meeting. With regard to Councilmember Petso’s early comment regarding the property tax from new construction, Mr. Hunstock advised the 2013 projection is $49,000, based on the value of new construction of $28 million. The regular property tax levy for 2013 is $1.76 including the 1% allowable increase ($96,000) as well as new construction, total 2013 revenue is approximately $9.8 million. With declining assessed values, EMS levy revenue is declining; the estimated collection is $2,775,000, a decrease of approximately $110,000 from the prior year which more than offsets the 1% increase in regular property taxes. The decrease represents banked capacity. To the extent the City is not able to increase the EMS levy by 1% per year due to the $0.50 cent limitation, the difference between what can be collected and the amount the City otherwise would have collected based on the prior year plus 1% becomes banked capacity that can be used later should assessed values increase. He confirmed with the Snohomish County Assessor’s Office that the City has approximately $965,000 in banked capacity, the cumulative decrease in the EMS levy from the time it was adopted and decreased assessed values. Councilmember Petso asked if this was expected to be the last decline in assessed values. Mr. Hunstock expected there will likely be one more small decline. There is a 2-year delay; the money the City receives in 2012 is based on 2010 transactions that are assessed in 2011 and collected in 2012. There is anecdotal evidence of improvement; realtors are receiving multiple offers, inventory is declining, etc. He suggested some of that change occurred in 2011 so there may be some increase in 2013 that will be collected in 2014. The budget represents approximately a 4.6% decline in assessed values from the prior year. Mr. Hunstock referred to page 39, Sales Tax Distribution by Government Entity, pointing out the small amount the City receives; on the total sales tax of 9.5%, the City’s portion is 0.85%. Page 40 illustrates Retail Sales Tax Collection by Sector; the largest contributor is Motor Vehicle and Parts Dealers. Of the $4.6 million the City collected in sales tax in 2011, nearly $4.7 million was from Motor Vehicle and Parts Dealers. Construction, the second largest source of sales tax revenue, also provides a large portion of sales tax but it is typically one-time activities. Packet Page 9 of 162 Edmonds City Council Draft Minutes October 23, 2012 Page 7 Mr. Hunstock referred to decision packages on page 43, advising CIO Carl Nelson and Public Works and Engineering staff will address the decision packages related to their departments during review of their budgets. The decision package related to the PROS Plan can be discussed next week during review of the Parks & Recreation budget. In response to a question regarding whether the cost of the PROS Plan could be spread over two years, Mr. Hunstock recalled Ms. Hite mentioned it would be possible to spread the update over 2013 and 2014. He cautioned that does not solve the issue because the expense is still $125,000; if the cost is split between the two years and the $62,000 savings is spent elsewhere, that amount will need to be budgeted in 2014 to complete the update. Councilmember Petso asked about the fiber-related decision packages. CIO Carl Nelson explained the Fiber Optic Customer Development is related to having someone pursue approximately 100 businesses that have been identified along the fiber route. The cost would be spread over two years. The anticipated revenue per customer is approximately $200-$700/month depending on the customer’s needs. The Diverse Fiber Route to Hwy. 99 decision package is a second route of fiber from downtown Edmonds to Hwy. 99. There is a diverse route from Hwy. 99 to downtown but not from downtown out in the event the system goes down. Some of the customers who have been explored asked about a diverse route from the downtown area. A diverse route would also allow an approximately $20,000 reduction in City phone charges. The goal is to begin building the diverse route out of downtown; the first route would be from the Wastewater Treatment Plant to the Edmonds Cemetery and then to Hwy. 99. Councilmember Fraley-Monillas asked about providing fiber optics to the medical corridor near Swedish- Edmonds. Mr. Nelson answered there was an inquiry from UW Heart Center near Swedish Edmonds but their 5-year lease did not provide a reasonable payback. Councilmember Fraley-Monillas asked about other medical offices near Swedish-Edmonds such as a hand clinic near McDonalds and another building behind Krueger Clinic. Mr. Nelson advised pursuing those potential users is the intent of the Customer Development decision package. Mr. Williams described the Engineering FTE decision package. The Transportation Plan, adopted in 2009, the Water and Stormwater Plans adopted in 2010 and the Wastewater Plan anticipated to be adopted in 2013, all have capital improvement programs. The City has also received numerous grants and that work needs to be delivered. There are not enough people in the City’s engineering department, currently 12 people, to do that work. The goal would be to staff up to do that work which would be about half the cost of hiring a consulting firm. He anticipated there was at least 3+ years of work. Councilmember Petso asked if grant funds covered an outside consultant. Mr. Williams answered a grant was a fixed sum; doing the work in-house for less money would free up funds for contingencies. The proposal is to fund the person with capital funds in the Water, Storm and Sewer Utility. Councilmember Petso commented it is really not a savings if the work is grant funded. Mr. Williams responded an increase in costs could lead to a City cost; any cost savings are beneficial. For Councilmember Bloom, Mr. Williams explained the decision package is for a Capital Projects Manager or an Engineering Tech III; the final decision will be made in consultation with the Human Resources Department to match the scope of the job to the job description. Consultants will potentially be hired in the future to produce and update plans. Mr. Hunstock referred to page 46, a comparison of 2011 actuals, 2012 budget, 2012 estimate and 2013 budget. Councilmember Fraley-Monillas asked if the amounts included benefits. Mr. Hunstock answered yes, the amounts included all costs. He explained these are department totals. Each department’s budget includes the divisions and total expenditures for each division which correspond to the chart on page 46. Packet Page 10 of 162 Edmonds City Council Draft Minutes October 23, 2012 Page 8 Mr. Hunstock referred to the organizational chart on page 48, advising each department now has an organizational chart. In the past the organization chart only listed functional areas, they now list positions. City Council (page 48) Council President Peterson distributed copies of the City Council budget narrative that was sent via email earlier today. He highlighted increases in the City Council budget for Council salaries, communications and the Council Contingency Fund. Councilmember Petso commented the entire General Fund balance, apart from the $5 million in reserve, is available to the Council as a contingency. She asked if the intent of budgeting a Council Contingency was to authorize the Council President to expend the funds without Council authority. Council President Peterson explained the intent of the Council Contingency Fund, as has been done in the past, is to provide funds for Council specific actions such as hiring outside legal counsel, consultants, etc. He assured this is not a Council President specific fund; the Council Contingency Fund allows the Council to allocate funds to certain items rather than doing so via a budget amendment. Mr. Hunstock explained $25,000 was budget in 2012 and is also budgeted in 2013. The 2012 estimate, $5,000, relates to legal counsel hired for the closed record appeal. Councilmember Petso recalled she was told any funds budgeted in the General Fund were available for expenditure at Administration’s discretion. Mr. Hunstock answered technically yes; however, Senior Executive Council Assistant Jana Spellman as well as his staff ensure any expenditures from the Council Contingency Fund are approved by the City Council. Councilmember Fraley-Monillas asked about overtime in the City Council budget, $6,200 in 2011, $7,200 estimated in 2012 and $6,600 budgeted in 2013. She recalled Council President Peterson’s explanation that some of the overtime was due to lengthy Council meetings. She suggested adding hours to the part-time staff person rather than paying overtime. Council President Peterson explained the part- time Council staff also works part-time in Development Services; she works 40 hours/week split between two departments. Councilmember Fraley-Monillas suggested the person work within their 40 hours, 20 for Council and not pay $7,200 in overtime. Council President Peterson suggested if time spent at Council meetings were part of the Senior Executive Council Assistant’s 20/hours a week, there would be limited time remaining for other Council related projects and office tasks. Councilmember Fraley-Monillas recognized most of the overtime is expended on Tuesday nights to video Council meetings. She suggested discussing this further in the future. Council President Peterson noted the $7,200 is time and a half; $5,000 is straight time for that service. Councilmember Petso asked about professional services, noting a portion of it was City Attorney. It was her understanding the City Attorney was a flat fee and should not matter how much the Council utilized the City Attorney. Council President Peterson advised a portion of the City Attorney’s fee is included in the City Council budget. The Council meeting minute taker is also included in professional services. City Clerk Sandy Chase advised the minute taker is funded from the City Clerk’s budget other than a small portion for the Council retreat. Councilmember Yamamoto advised Mr. Nelson and he are studying options to upgrade the videoing of Council meetings to make them live stream which may also address overtime and staffing issues. Mr. Hunstock advised that functionality will be demonstrated at the November 5 Council meeting. Councilmember Bloom referred to the purpose statement that states the City Council’s time commitment ranges from 25-32 hours per week. She noted that is significantly different than what is stated in the Packet Page 11 of 162 Edmonds City Council Draft Minutes October 23, 2012 Page 9 Council manual. She suggested the Council manual be changed as 25-32 hours is much closer to reality rather than the 12-18 hours stated in the Council manual. Mr. Hunstock advised the 25-32 hour time commitment has been in the budget narrative for some time. Mayor's Office (page 50) Mr. Hunstock advised the organizational chart will be revised before the budget process is finalized to reflect the 3.5 FTE that report to the City Clerk as well as the Human Resources Analyst who reports to the Human Resources Manager. He referred to page 51 that lists the programs, Office of the Mayor, Human Resources, City Clerk and City Attorney. Councilmember Fraley-Monillas recalled Mayor Earling canceled out of state travel and asked how that affected the 2013 budget. Mayor Earling explained staff can ask to attend an in-state conference; often staff pay their own room and board and the City pays the conference fee. Mr. Hunstock noted many departments have decreases in their travel budgets; he assumed that was due to in-state training. Mr. Hunstock referred to the Office of the Mayor’s budget on page 53. Mayor Earling commented there were few increases. The two exceptions are travel and rental/lease. The increase in rental/lease is due to a cost increase and that amount is spread between Community Services, the Mayor’s office and Human Resources. The increase in travel is conferences that may be beneficial to the City. He only attended one conference this year in Vancouver; the cost was $400-$500. Mr. Hunstock advised the decrease in salaries was due to a somewhat lower salary for the Mayor’s Executive Assistant. Employee Parking Permit Fund (page 145) Mr. Hunstock explained this is downtown business employee parking permits. The interfund transfer relates to a transfer to the General Fund for the City Clerk Office’s administration of the parking permit program. Sister Cities Commission (page 162) Mr. Hunstock explained this fund has been administered by the Parks & Recreation Department in the past. Mayor Earling explained due to the reduction in staffing in Parks & Recreation, it will be administered by the Mayor’s Office in 2013. Fire Pension Fund (page 180) Mr. Hunstock explained there are two funds related to fire retirees. The 617 Fund is pre-LEOFF 1 fireman’s pension fund. To the extent firefighters hired before LEOFF 1 have different benefits than LEOFF 1, this fund pays the difference. The Fire Insurance Premium Tax was not funded in 2011 but was budgeted in 2012 and 2013. This fund pays a portion of the cost of an actuarial study done every two years and updated annually. Between both funds, $25,000 was budgeted for the actuarial study; the actual cost was approximately $8,000. The firm hired to do the actuarial study also does the actuarial study for the City’s MEBT plan so they are familiar with the City and Snohomish County. Councilmember Petso asked how many pre-LEOFF retirees there are. Mr. Hunstock answered there are four. Councilmember Petso asked what happens to the remaining fund balance when there are zero pre- LEOFF employees. Mr. Hunstock answered more than likely there will not be any fund balance left. He displayed an excerpt from the actuarial study, pointing out the four individuals in the pre-LEOFF fund are fairly expensive. The total liability that is not funded is $1.4 million. The City is on a pay-as-you-go basis with this fund as well as the LEOFF Medical Insurance Fund 009. As benefits are paid out, a transfer from the General Fund is budgeted to pay for the benefits. None of accumulated liabilities are prefunded. One of Councilmember Buckshnis’ questions was whether retirement benefits related to these two funds are funded; he explained neither fund is anywhere near fully funded. Fund 009 has a $428,000 fund balance that is rolled over and there are accumulated liabilities of $8.2 million related to long term care and health insurance benefits for LEOFF 1 retirees and their surviving spouses. Packet Page 12 of 162 Edmonds City Council Draft Minutes October 23, 2012 Page 10 Councilmember Petso commented medical and long term care expenditures depend on longevity. The pension obligation will remain and be paid from the 617 Fund. Mr. Hunstock answered that is based on the actuarial study as well. The expenditures are based on projected lifespans of the individuals and their surviving spouses. The pre-LEOFF employees entered fire service prior to 1978. If the liabilities in Fund 617 disappear, Councilmember Petso asked whether the funds can be used for other purposes. Mr. Hunstock answered they can be used but he did not expect the liability to go away any time soon. He offered to provide the Council a copy of the actuarial study. City Clerk (page 56) Mr. Hunstock explained most of the changes relate to implementation of the across-the-board budget reductions. City Clerk Sandy Chase highlighted the following reductions: • $65,270 professional services expenditure in 2012 related to implementation of document management system • $20,000 reduction in advertising, eliminating publication of display ads for City Council and Planning Board agendas in the Everett Herald • $2,000 reduction in postage • $1,000 reduction in travel City Attorney (page 38) Mr. Hunstock explained the City Attorney contract is a 4-year fixed rate. The Police Chief is in discussions with the provider of prosecutorial services; the budgeted amount may change by yearend. As the prosecuting attorney’s contract expires in December 2012, he expected a contract extension before yearend and a proposal for a change in the cost. Councilmember Fraley-Monillas asked whether the expenditures for other law firms were reflected and whether they were budgeted by department. Mr. Hunstock answered it depends on the nature of the contract; for example, the contract with Summit Law Office related to the bargaining process was funded by Non-Departmental as there are limited funds in the Human Resources budget to absorb such costs. Legal costs typically would be funded by the department’s budget. For example, legal representation related to the closed record review was in the Council budget. Councilmember Petso asked whether the City Attorney’s contract is charged entirely to the Mayor’s department. Mr. Hunstock answered a portion of the cost is charged to the City Council budget. Municipal Court (page 60) Municipal Court Judge Doug Fair explained most of the adjustments were related to the requested across- the-board reduction. The biggest reduction is in salaries, half of one Clerk. He explained the Police Department is currently down one traffic officer; the traffic division writes 75% of traffic tickets. When that officer returns in November, the court’s caseloads will increase. He hoped to be able to restore the 0.5 FTE Court Clerk. Mayor Earling declared a brief recess. Community Services/Economic Development (page 92) Community Services/Economic Development Director Stephen Clifton explained the 2013 Economic Development budget includes $16,000 for professional services, down $3,000 from the previous $19,000 budget. There is a significant reduction from the 2012 estimate due to the one-time expenditures for the Strategic Plan consultant. The advertising budget is proposed to be reduced from $30,000 to $24,000, a $6,000 reduction. Packet Page 13 of 162 Edmonds City Council Draft Minutes October 23, 2012 Page 11 The Community Services budget includes a reduction of $10,254 in professional services. That amount was previously budgeted for an on-call environmental attorney; City Attorney Jeff Taraday has indicated his firm can provide those services. There is also a minor reduction in interfund rental. Multimodal Transportation Fund (page 132) Mr. Clifton explained the fund has a balance of $55,000. The monies are used for local match for any activities requested by Washington State Ferries (WSF) or the federal government. There is typically an 80/20 or 70/30 split between WSF or federal funds and the City’s match. Hotel/Motel Tax Fund (page 144) Mr. Clifton projected revenue of $70,000 in 2013. Council President Peterson recalled some of those funds have been allocated to the Edmonds Center for the Arts in the past. Councilmember Bloom advised that allocation was increased to $12,500 in 2013 at the ECA’s request. Finance and Information Services (page 62) Mr. Hunstock advised the organizational chart reflects some of the reorganization of the department but not everything. The plan for reorganizing IT is to upgrade either the Network Support Technician, the Information Systems Specialist or the GIS Analyst to an IT Supervisor as well as add a half-time IT Assistant. There will be an open, competitive process between the three individuals to select the IT Supervisor. The intent of the upgrade and the additional halftime IT Assistant is to backfill for most of the duties related to Mr. Nelson’s current position. Mr. Hunstock advised he will take on some of the responsibility for IT as well. The addition of the Accounting Supervisor in the Finance Department will allow him to devote time to IT responsibilities. The two Accounting Technicians and the two Utility Accounting Technicians will report to the Accounting Supervisor; the Accountant, Accounting Supervisor, and IT Supervisor will report to him. Mr. Hunstock referred to page 64, explaining most of the changes relate to across-the-board reductions. The increase in salaries is related to two positions added to the Finance Department in April 2012, nonrepresented compensation for his position and the projected increase in costs related to reclassification of an Accountant to the Accounting Supervisor position. The overtime budget for 2013 has been eliminated entirely; he was uncertain that would be feasible but that was the goal. There were also increases in benefits related to increases in salaries and the increase in the PERS contribution. The reduction in professional services budget by eliminating the contract for sales tax monitoring is offset by a consultant to review the cost allocation plan. The State Auditor’s Office has indicated that will be an area of focus for all cities next year. The result of reviewing the cost allocation plan will be to provide a basis for allocating costs to the utility funds and other funds. Allocations are currently done based on estimates. Councilmember Petso expressed concern that a reduction in sales tax monitoring would result in lower revenues. Mr. Hunstock explained the plan for 2013 is to increase the use of technology such as the utility data base, business license data base, property tax information from the Assessor’s Office and data from the Department of Revenue (DOR). IT staff will prepare comparisons of the information in those four sources to ensure businesses in Edmonds are reporting sales in Edmonds to DOR. Currently a third party consultant only compares businesses located in Edmonds that apply for State business licenses who have not applied for a City business license and notifies DOR of any discrepancies. Councilmember Petso commented a portion of sales tax revenue is also collected by the Public Facilities District. Fiber Optic Project (page 65) Mr. Nelson explained this is a status quo budget and allows the fiber optic project to continue to deliver service. Packet Page 14 of 162 Edmonds City Council Draft Minutes October 23, 2012 Page 12 Information Services (page 66) Mr. Nelson referred to Mr. Hunstock’s explanation of the reorganization. The most significant change is the Microsoft enterprise agreement is entering the fourth year of a five year plan and fees decrease by $4,000-$5,000. The budget also reflects a reduction in the purchase of desktop computers; enough have been purchased to support Windows 7. Councilmember Bloom commented the limited mailbox size reduces Councilmembers’ and staff’s productivity and asked when that would be resolved and whether it would be impacted by the department reorganization. Mr. Nelson advised a server is being tested; the limitation on mailbox size will be eliminated within the next two months. Councilmember Bloom asked whether the reorganization will impact information available on the City’s website. Mr. Nelson answered it should not be. The GIS Analyst has been assisting staff and the consultant who developed the website will also provide assistance. Non-Departmental (page 68) Mr. Hunstock explained a potential cost increase of 2% or $124,000 has been budgeted for the Fire District contract. The potential cost increase for 2013 is unresolved at this time. The City did not learn of the cost increase last year until February. There are also discussions underway regarding potential staffing changes in the three fire stations. Councilmember Petso relayed her understanding that staffing levels were guaranteed under the contract. Mr. Hunstock agreed they are. The current staffing levels could be retained but there may be opportunities for different staffing levels for medics that would spread the coverage better among the three fire stations and potentially decrease one position in each station. Mr. Hunstock relayed a question from Councilmember Buckshnis regarding the effect of the bond refinancing. He explained all the debt service has been updated as a result of the bond refinancing other than the previously identified $7,500 savings due to the low interest rates. Councilmember Yamamoto inquired about the Voter Registration budget. Mr. Hunstock explained costs vary based on the number of Councilmembers on the ballot, type of election, whether there are items on the primary ballot, etc. There is some potential for an August ballot item related to the Regional Fire Authority (RFA). The budgeted amount is based on the number of Councilmembers up for reelection, the voters’ pamphlet, etc. Councilmember Yamamoto inquired about the $35,000 budget for Election Costs. Mr. Hunstock answered that amount is budgeted for the three Councilmembers on the ballot; the remaining costs are the cost of the general election, voter pamphlet, and potentially an August ballot item related to the RFA. Mr. Hunstock referred to a question from Councilmember Buckshnis regarding the $417,000 transfer to the Risk Management Reserve Fund. Although the policy states the Fund will be funded by 2014, the transfer was included in the 2013 budget due to the potential for a number of claims against the City to reach closure in 2013 such as the Precision Earthworks claim and two Human Resources related claims. The City currently has $244,000 set aside for all claims. In response to Councilmember Buckshnis’ question about funds budgeted for projected legal fees, Mr. Hunstock explained there are no funds allocated other than the $244,000 in the Risk Management Reserve Fund. To the extent any of those claims reach closure in 2013, the $244,000 will not last long and is the reason for fully funding the Risk Management Reserve Fund in the 2013 budget up to the 2% target, bringing it up to $661,000. He noted that amount is less than one of the claims pending against the City. Councilmember Petso asked how the 2012 surplus would be used, recalling in 2011 the Council chose to use the 2011 surplus as a contribution to the B Fund and not budget the B Fund for the following year. Packet Page 15 of 162 Edmonds City Council Draft Minutes October 23, 2012 Page 13 She asked if that could be done with the 2012 surplus. Mr. Hunstock answered it is possible but would bring the General Fund very close to a deficit. The Strategic Outlook (page 21) shows a projected surplus of $307,000; that entire amount would be required to fund the B Fund which was not included in the 2012 budget. As illustrated in the August Financial Report, with the transfer of $2 million to the Contingency Reserve Fund, the fund balance in the General Fund is getting lower and lower. That will need to be analyzed each month in the future. He referred to page 31, Change in Ending Fund Balance – All Funds, which illustrates an estimated 2013 ending fund balance of $1.7 million. Councilmember Petso observed if the General Fund balance dropped to $1.7 million by yearend, that amount is in addition to the $5.2 million in the Contingency Reserve. Mr. Hunstock agreed. Mr. Hunstock relayed the $220,000 budgeted for the ECA Contingency Reserve is a decrease of $30,000 from 2012. ECA Executive Director Joe McIalwain estimates that amount could be reduced to $190,000, providing an additional $30,000 that could be added to reserves or budgeted for other expenditures. Mr. Taraday referred to the Public Defender line item, a significant increase over what has historically been budgeted for the public defender. He recommended discussing this further in the future as there are ways to work with the Police Department and Prosecuting Attorney to reduce that amount to zero. LEOFF Medical Insurance Reserve Fund (page 128) Mr. Hunstock explained the $600,000 transfer, an increase over the 2011 transfer of $376,000, maintains a fund balance of approximately $300,000. If the Council chose, it is possible to draw down the fund balance by transferring a lower amount but a $600,000 transfer would be required the following year. Risk Management Reserve Fund (page 130) Mr. Hunstock referred to the $417,000 transfer from the General Fund for a total fund balance of $661,000. To the extent that claims are concluded in 2013, that amount will not last long. Councilmember Petso suggested changing the policy to establish a range as recommended by the City Attorney and the Mayor rather than a percentage of General Fund revenues. Mr. Hunstock agreed that would be appropriate; he suggested 2% was not a realistic target but was better than what previously existed which was zero. Councilmember Petso commented it seemed to duplicate the Contingency Reserve but she understood the reason for the Risk Management Reserve. Mr. Hunstock pointed out the Strategic Outlook does not include replenishing the $661,000 Risk Management Reserve. The Council may want to discuss replenishing the fund after pending claims are paid. Contingency Reserve Fund (page 131) Mr. Hunstock explained as previously mentioned, there is a $122,000 transfer in from the General Fund to this fund that is intended to assist with meeting the 16% target. To the extent that funds are available, he recommended increasing the $122,000 transfer. He emphasized there is no expenditure appropriation in the budget; the money cannot be used or moved without affirmative action by the Council. LID Fund Control, LID Guaranty Fund (pages 165-166) Mr. Hunstock explained some LID funds are still being collected. In 2012 the balance in the LID Guaranty Fund was transferred to the Risk Management Reserve Fund. If any funds are received, he recommended a budget amendment to transfer to the Reserve Fund or the General Fund. LTGO Bond Fund (page 167) Mr. Hunstock explained the savings from the bond refinancing have been incorporated into the 2013 budget with the exception of $28,000 of additional savings. That will be updated before the Council takes action on the budget. Packet Page 16 of 162 Edmonds City Council Draft Minutes October 23, 2012 Page 14 Development Services (page 96) Acting Development Services Director Rob Chave referred to page 97, explaining the largest reductions are in salaries and benefits which reflects the loss of an employee in Building Services via the VSIP. The Assistant Building Official position is eliminated and the Building Official assuming some of those duties. He referred to other small reductions which require staff to do more electronic distribution of documents. For example materials have been available at Planning Board meetings; that will be changed to providing a single public copy. Although that could be viewed as negative, the positive is it will encourage people to study materials prior to the meeting. Mr. Chave explained professional services are also significantly reduced. For example Building has historically sent projects out during peak work periods; if building activity increases significantly, staff will be swamped. To the extent revenue is generated by that activity, the Council may be asked to restore professional services funding. He noted reductions in travel result in less training; efforts are made to take advantage of online training or local training opportunities. He noted professional services in the Development Services Admin support the online permit system. The reduction in professional services makes it difficult to do any enhancements. In the future more permit activity will be online. Staff may request funding from the Council for some future enhancements. The reduction in professional services may also affect Planning Board minutes. Although the narrative states Planning Board minutes will be reduced from two meetings/month to one, the actuality is a reduction to the equivalent of one meeting a month by reducing meetings to one a month during slow periods. Staff also plans to monitor the Hearing Examiner budget; the 2012 actual will be approximately 2/3 of budget. If that occurs in 2013, the funds could be used to fully fund minute taking. If savings are not available, Planning Board minutes may be reduced to summary minutes. Councilmember Fraley-Monillas asked about interfund rental. Mr. Chave answered that is for vehicles, the Development Services Department’s contribution to the A and B Fund. He noted vehicles were previously assigned by division; vehicles are now pooled to encourage use of electric vehicles. Councilmember Bloom recalled there were funds allocated in 2006 or 2007 for the City Attorney and the former Development Services Director to work on a code rewrite which she noted did not happen other than small portions. The need to update the code costs the City money in terms of efficiency, enforcement, etc. She asked how the code rewrite will be done with fewer staff, fewer Planning Board meetings, etc. Mr. Chave recalled $120,000 was budgeted at one time; the City Attorney and Development Services Director decided to save money by doing portions of the code rewrite in-house and using the remaining funds to hire a consultant which unfortunately was not done. Councilmember Bloom summarized the code rewrite is very important to the financial future of the City and can reduce potential lawsuits. Mr. Chave shared Councilmember Bloom’s concern and suggested the Council retreat include discussion regarding the status of the code rewrite and ideas for moving forward. Councilmember Bloom expressed concern about delaying work on the code rewrite until 2014. Mr. Chave stated a consultant to assist with a code rewrite would cost $100,000-$150,000. He was unsure where the funds could be identified in the 2013 budget. He suggested elements of the rewrite could be prioritized. Mr. Hunstock explained next week’s Council meeting will include the Police Department, Human Resources, Parks & Recreation and Public Works budgets. COUNCIL PRESIDENT PETERSON MOVED, SECONDED BY COUNCILMEMBER PETSO, TO EXTEND THE MEETING FOR 15 MINUTES. MOTION CARRIED UNANIMOUSLY. 7A. REPORT ON CITY COUNCIL COMMITTEE MEETINGS OF OCTOBER 9, 2012 Councilmember Johnson reported the Historic Preservation Commission has met twice this month and will meet a third time on Thursday. Packet Page 17 of 162 Edmonds City Council Draft Minutes October 23, 2012 Page 15 Councilmember Yamamoto reported on the SnoCom meeting. Work is continuing on the New World system. Councilmember Bloom reported the SeaShore Transportation Committee discussed their legislative agenda and electric vehicles pay their fair share because they do not pay gas tax. The Tree Board plans to discuss code language at their next meeting Councilmember Bloom reported the Public Safety & Personnel Committee discussed Council procedures and developed a list of issues to address. Examples of issues include the Council has not adopted Roberts Rules of Order, the Council President’s authority in setting agendas, the committee chair’s role in setting agendas, reading of citizen emails. The committee plans to continue their discussion regarding Council procedures at their next meeting. Councilmember Bloom reported the Economic Development Commission (EDC) meeting included discussion regarding retail only in BD1. The meeting was advertised as a joint EDC/Planning Board meeting but only two Planning Board Members attended. The EDC had a good discussion but much of it had been discussed by the Planning Board and the discussion did not advise the topic. Councilmember Petso reported the Council approved everything on the Parks, Planning and Public Works Committee’s agenda with the exception of discussion regarding design guidelines and the two new buildings on Edmonds Way. The Committee discussed a variety of issues associated with the buildings such as height limits, setback, lot coverage and zoning; she has received numerous citizen complaints about the buildings. The building on the corner is zoned BC - Edmonds Way; no other lots have that zoning. The other building to the west is zoned RM - Edmonds Way; there are two other lots with that zoning. The Committee agreed to research the ordinances that put those zones in place. She asked for Council approval for her to meet with Mr. Chave and Mr. Taraday to discuss eliminating or modifying those zones and an emergency moratorium to prevent land use applications while that effort is underway. Two other Councilmembers expressed interest. Councilmember Petso commended Mr. Hunstock for his efforts on the RFA Finance Committee. She relayed the RFA Committee is continuing their discussions regarding a fire benefit charge. Councilmember Fraley-Monillas reported the Parking Committee is interested in additional parking on the waterfront for commuter trains riders. Councilmember Fraley-Monillas reported on the Snohomish Health Board meeting and Budget Committee meetings. Mayor Earling reported Sound Transit is trying to locate another light rail maintenance base; one site has been identified in Snohomish County and four to five sites have been identified on the eastside. Lynnwood passed a resolution expressing concern with the site tentatively identified adjacent to the Park & Ride at 44th & 200th. A major portion of that property is owned by the Edmonds School District and there are other plans for the property. 8. REPORT ON OUTSIDE COMMITTEE/BOARD MEETINGS Reports were provided under Agenda Item 7A. 9. MAYOR'S COMMENTS Mayor Earling complimented Mr. Hunstock’s organizational skills related to the budget presentation; the presentations have been much smoother than when he was on the Council. Mayor Earling requested Mr. Hunstock pass his accolades on to Ms. Sharp and the Finance Department staff. Packet Page 18 of 162 Edmonds City Council Draft Minutes October 23, 2012 Page 16 10. COUNCIL COMMENTS Councilmember Fraley-Monillas asked Mr. Taraday to develop a cheat sheet on Roberts Rules of Order. Mr. Taraday answered he would be happy to once the Council adopted Roberts Rules as part of their procedures. Councilmember Fraley-Monillas asked what parliamentary procedure the Council followed during its meetings. Mr. Taraday answered Resolution No. 292. He offered to email the resolution to Councilmembers. Councilmember Petso echoed Councilmember Bloom’s comments about mailbox size. She apologized to anyone who emailed her when email was down on Monday afternoon; she eventually received the emails but not timely. She looked forward to resolving the mailbox size issue. Councilmember Petso asked Mr. Taraday to advise what constitutes an illegal meeting; for example meetings via email, if the Council decided something last week and four of them as still discussing it, etc. She also asked for clarification regarding sending a blind copy versus an email to more than two Councilmembers. Councilmember Bloom pointed out Resolution No. 292 and a variety of other attachments are included in the Public Safety & Personnel Committee’s October 16 agenda. Council President Peterson relayed a number of citizens have stopped him on the street, come into his shop or contacted him to express their appreciation for the new buildings on Edmonds Way, a vast improvement over the prior condition of the site. Councilmember Yamamoto expressed his appreciation for everyone’s support, email, letters, and cards following his surgery. He echoed Mayor Earling’s comments regarding the Finance Department’s efforts on the budget. Councilmember Johnson reminded Main Street is open and encouraged people to attend the third Thursday art walk and visit the businesses on Main Street. The project will be complete next month. 11. ADJOURN With no further business, the Council meeting was adjourned at 10:16 p.m. Packet Page 19 of 162    AM-5216     3. B.              City Council Meeting - Budget Work Session Meeting Date:10/30/2012 Time:Consent   Submitted For:Shawn Hunstock Submitted By:Nori Jacobson Department:Finance Review Committee: Committee Action: Approve for Consent Agenda Type: Action  Information Subject Title Approval of claim checks #135001 through #135143 dated October 25, 2012 for $605,749.78 (replacement check #135136 $130.00). 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 Impact Fiscal Year:2012 Revenue: Expenditure:605,749.78 Fiscal Impact: Claims $605,749.78 Claims reissued check $130.00 Total Claims $605,879.78 Attachments Claim Checks 10-25-12 Project Number 10-25-12 Form Review Inbox Reviewed By Date Finance Shawn Hunstock 10/25/2012 10:46 AM Packet Page 20 of 162 Finance Shawn Hunstock 10/25/2012 10:46 AM City Clerk Sandy Chase 10/25/2012 10:52 AM Mayor Dave Earling 10/25/2012 04:46 PM Finalize for Agenda Sandy Chase 10/26/2012 08:39 AM Form Started By: Nori Jacobson Started On: 10/25/2012 10:17 AM Final Approval Date: 10/26/2012  Packet Page 21 of 162 10/25/2012 Voucher List City of Edmonds 1 10:06:56AM Page:vchlist Bank code :front Voucher Date Vendor Invoice PO #Description/Account Amount 135001 10/25/2012 068449 3 GI SPORTS SSR006670-SC01 NETS ANTI WHIP NETS 001.000.640.576.800.310.00 24.00 HEAVYWEIGHT NETS 001.000.640.575.520.310.00 24.00 9.5% Sales Tax 001.000.640.576.800.310.00 2.28 9.5% Sales Tax 001.000.640.575.520.310.00 2.28 Total :52.56 135002 10/25/2012 074036 ADVANCED PLC, LL 2880 ETHERNET ADAPTER ETHERNET ADAPTERS 414.000.656.594.320.650.10 12,200.00 Freight 414.000.656.594.320.650.10 160.39 9.5% Sales Tax 414.000.656.594.320.650.10 1,174.24 Total :13,534.63 135003 10/25/2012 064615 AIR COMPRESSOR SERVICE 37436 AIR FILTERS AIR FILTERS 411.000.656.538.800.310.11 82.00 9.5% Sales Tax 411.000.656.538.800.310.11 7.79 Total :89.79 135004 10/25/2012 065568 ALLWATER INC 101812031 DRINKING WATER COOLER DRINKING WATER COOLER 411.000.656.538.800.310.00 28.30 9.5% Sales Tax 411.000.656.538.800.310.00 0.67 Total :28.97 135005 10/25/2012 001528 AM TEST INC 72481 ICP SCAN, MERCURY BY CVAA 1Page: Packet Page 22 of 162 10/25/2012 Voucher List City of Edmonds 2 10:06:56AM Page:vchlist Bank code :front Voucher Date Vendor Invoice PO #Description/Account Amount 135005 10/25/2012 (Continued)001528 AM TEST INC ICP SCAN, MERCURY BY CVAA 411.000.656.538.800.410.31 75.00 Total :75.00 135006 10/25/2012 064335 ANALYTICAL RESOURCES INC VM53 NPDES SAMPLING NPDES SAMPLING 411.000.656.538.800.410.31 165.00 Total :165.00 135007 10/25/2012 074196 AOKI, AYUMI AOKI1002 REFUND OF CREDIT ON ACCOUNT REFUND OF CREDIT ON ACCOUNT 001.000.000.239.200.000.00 6.00 Total :6.00 135008 10/25/2012 069751 ARAMARK UNIFORM SERVICES 655-6453219 UNIFORM SERVICES PARK MAINTENANCE UNIFORM SERVICES 001.000.640.576.800.240.00 38.29 9.5% Sales Tax 001.000.640.576.800.240.00 3.64 Total :41.93 135009 10/25/2012 071124 ASSOCIATED PETROLEUM 0357264-IN 01-7500014 DEISEL FUEL 411.000.656.538.800.320.00 3,672.18 9.5% Sales Tax 411.000.656.538.800.320.00 348.87 Total :4,021.05 135010 10/25/2012 001702 AWC EMPLOY BENEFIT TRUST Nov 2012 AWC NOVEMBER 2012 AWC PREMIUMS 11-12 fire pension premiums 617.000.510.522.200.230.00 4,011.32 11-12 retirees premiums 009.000.390.517.370.230.00 4,515.73 11-12 AWC Premiums 811.000.000.231.510.000.00 270,589.23 2Page: Packet Page 23 of 162 10/25/2012 Voucher List City of Edmonds 3 10:06:56AM Page:vchlist Bank code :front Voucher Date Vendor Invoice PO #Description/Account Amount (Continued)Total :279,116.2813501010/25/2012 001702 001702 AWC EMPLOY BENEFIT TRUST 135011 10/25/2012 074031 BARTH, RUTH BARTH15740 NO FEAR DRAWING &WATERCOLOR NO FEAR DRAWING #15740 001.000.640.574.200.410.00 290.40 NO FEAR WATERCOLOR #15738 001.000.640.574.200.410.00 229.90 Total :520.30 135012 10/25/2012 074197 BAZAN, ANN BAZAN1002 RETURNING CREDIT ON ACCOUNT REFUND OF CREDIT ON ACCOUNT 001.000.000.239.200.000.00 8.36 Total :8.36 135013 10/25/2012 069226 BHC CONSULTANTS LLC 4720 E2GA.SERVICES THRU 9/21/12 E2GA.Services thru 9/21/12 412.300.630.594.320.410.00 2,448.02 E2GA.Services thru 9/21/12 411.000.656.538.800.410.00 2,873.77 Total :5,321.79 135014 10/25/2012 002500 BLUMENTHAL UNIFORMS & EQUIP 958182 INV#958182 - EDMONDS PD -MOORE CLOTH NAME TAGS "MOORE" 001.000.410.521.220.240.00 9.90 9.5% Sales Tax 001.000.410.521.220.240.00 0.94 INV#958184 - EDMONDS PD -ANDERSON958184 L/S UNIFORM SHIRTS 001.000.410.521.100.240.00 179.90 SEW ON YEARS OF SERVICE 001.000.410.521.100.240.00 2.00 GOLD METAL BUTTONS W/TOGGLES 001.000.410.521.100.240.00 17.90 SGTS CHEVRONS 001.000.410.521.100.240.00 5.90 SEW PR OF SGTS CHEVRONS 3Page: Packet Page 24 of 162 10/25/2012 Voucher List City of Edmonds 4 10:06:56AM Page:vchlist Bank code :front Voucher Date Vendor Invoice PO #Description/Account Amount 135014 10/25/2012 (Continued)002500 BLUMENTHAL UNIFORMS & EQUIP 001.000.410.521.100.240.00 5.00 9.5% Sales Tax 001.000.410.521.100.240.00 20.02 Total :241.56 135015 10/25/2012 066578 BROWN AND CALDWELL 14176239 142519 LABOR FOR ODOR SCRUBBING EVALUATION 411.000.656.538.800.410.11 175.50 CATWALK CONSTRUCTION SUPPORT SERVICES 414.000.656.594.320.650.10 1,182.00 Total :1,357.50 135016 10/25/2012 074198 BROWN, HOLLY BROWN1002 RETURNING CREDIT ON ACCOUNT REFUND OF CREDIT ON ACCOUNT 001.000.000.239.200.000.00 13.73 Total :13.73 135017 10/25/2012 073029 CANON FINANCIAL SERVICES 12220870 INV#12220870 CUST#572105 -EDMONDS PD COPIER RENTAL 11/01/12 001.000.410.521.100.450.00 581.60 COPY CHARGES 08/31 TO 09/30/12 001.000.410.521.100.450.00 225.28 9.5% Sales Tax 001.000.410.521.100.450.00 76.67 Total :883.55 135018 10/25/2012 073029 CANON FINANCIAL SERVICES 12222588 C/A 572105 CONTRACT# 001-0572105 Finance dept copier contract charge 001.000.310.514.230.450.00 249.99 9.5% Sales Tax 001.000.310.514.230.450.00 23.75 Total :273.74 135019 10/25/2012 073029 CANON FINANCIAL SERVICES 12220872 COPIER LEASE COPIER LEASE 4Page: Packet Page 25 of 162 10/25/2012 Voucher List City of Edmonds 5 10:06:56AM Page:vchlist Bank code :front Voucher Date Vendor Invoice PO #Description/Account Amount 135019 10/25/2012 (Continued)073029 CANON FINANCIAL SERVICES 001.000.640.574.100.450.00 273.74 COPIER LEASE12220876 COPIER LEASE 001.000.640.574.100.450.00 30.65 PARK MAINTENANCE COPIER LEASE12222592 PARK MAINTENANCE COPIER LEASE 001.000.640.576.800.450.00 36.16 Total :340.55 135020 10/25/2012 073029 CANON FINANCIAL SERVICES 12220871 CITY CLERK'S COPIER LEASE Lease City Clerk's Copier 001.000.250.514.300.450.00 466.97 9.5% Sales Tax 001.000.250.514.300.450.00 44.36 RECEPTIONIST DESK COPIER LEASE12220873 Recept. desk copier lease 001.000.250.514.300.450.00 20.11 9.5% Sales Tax 001.000.250.514.300.450.00 1.91 Total :533.35 135021 10/25/2012 073029 CANON FINANCIAL SERVICES 12220875 Contract charge for Building Dept. Contract charge for Building Dept. 001.000.620.558.800.450.00 33.02 9.5% Sales Tax 001.000.620.558.800.450.00 3.14 Total :36.16 135022 10/25/2012 064840 CHAPUT, KAREN E CHAPUT15920 FRIDAY NIGHT OUT FRIDAY NIGHT OUT #15920 001.000.640.574.200.410.00 50.96 Total :50.96 135023 10/25/2012 074199 CHIPONGIAN, ROWENA CHIPONGIAN1002 RETURNING CREDIT ON ACCOUNT REFUND OF CREDIT ON ACCOUNT 5Page: Packet Page 26 of 162 10/25/2012 Voucher List City of Edmonds 6 10:06:56AM Page:vchlist Bank code :front Voucher Date Vendor Invoice PO #Description/Account Amount 135023 10/25/2012 (Continued)074199 CHIPONGIAN, ROWENA 001.000.000.239.200.000.00 13.81 Total :13.81 135024 10/25/2012 065682 CHS ENGINEERS LLC 450901-1209 E9GA.SERVICES THRU SEPTEMBER E9GA.Services thru September 2012 412.300.630.594.320.410.00 3,724.82 Total :3,724.82 135025 10/25/2012 074241 CLUGSTON, MICHAEL Michael D. Clugston 2012 APA Conference and travel costs 2012 APA Conference and travel costs 001.000.620.558.600.490.00 286.58 Total :286.58 135026 10/25/2012 074232 COCKER, SARAH COCKER101112 REIMBURSEMENET REIMBURSEMENT FOR WOTS SUPPLIES 117.100.640.573.100.310.00 98.88 Total :98.88 135027 10/25/2012 073834 COOPERB - BATTERIES PLUS 102259-01 3V LITHIUM BATTERIES 3V LITHIUM 411.000.656.538.800.310.22 57.00 3V LITHIUM LOW DRAIN 411.000.656.538.800.310.22 26.94 Freight 411.000.656.538.800.310.22 15.93 9.5% Sales Tax 411.000.656.538.800.310.22 9.49 Total :109.36 135028 10/25/2012 074237 CROWL, JULIANNE CROWL WOTS WRITING CONTEST WINNER 2012 WOTS WRITING CONTEST WINNER 117.100.640.573.100.410.00 75.00 Total :75.00 135029 10/25/2012 074200 DAMIANO, SUSAN DAMIANO1002 RETURNING CREDIT ON ACCOUNT REFUND OF CREDIT ON ACCOUNT 6Page: Packet Page 27 of 162 10/25/2012 Voucher List City of Edmonds 7 10:06:56AM Page:vchlist Bank code :front Voucher Date Vendor Invoice PO #Description/Account Amount 135029 10/25/2012 (Continued)074200 DAMIANO, SUSAN 001.000.000.239.200.000.00 13.73 Total :13.73 135030 10/25/2012 064531 DINES, JEANNIE 12-3309 MINUTE TAKING 10/16/12 Council Minutes 001.000.250.514.300.410.00 393.00 Total :393.00 135031 10/25/2012 008705 EDMONDS WATER DIVISION 4-34080 LIFT STATION #14 7905 1/2 211TH PL SW LIFT STATION #14 7905 1/2 211TH PL SW 411.000.655.535.800.470.00 29.57 Total :29.57 135032 10/25/2012 008812 ELECTRONIC BUSINESS MACHINES 080772 COPIER MAINT COPIER MAINT 001.000.230.512.500.480.00 6.10 COPIER MAINT080776 COPIER MAINT 001.000.230.512.501.480.00 5.91 Total :12.01 135033 10/25/2012 008812 ELECTRONIC BUSINESS MACHINES 080906 ZSYST MK0315 PRINTER MAINTENANCE Maintenance for printers 10/21/12 - 001.000.310.518.880.350.00 312.00 9.5% Sales Tax 001.000.310.518.880.350.00 29.64 Total :341.64 135034 10/25/2012 008812 ELECTRONIC BUSINESS MACHINES 080304 COPIER LEASE COPIER LEASE CHARGES 001.000.640.574.100.450.00 321.36 9.5% Sales Tax 001.000.640.574.100.450.00 30.53 Total :351.89 135035 10/25/2012 008812 ELECTRONIC BUSINESS MACHINES 080852 MK0653 7Page: Packet Page 28 of 162 10/25/2012 Voucher List City of Edmonds 8 10:06:56AM Page:vchlist Bank code :front Voucher Date Vendor Invoice PO #Description/Account Amount 135035 10/25/2012 (Continued)008812 ELECTRONIC BUSINESS MACHINES MAINT PER COPY/COPIER CONTRACT 411.000.656.538.800.450.41 119.02 9.5% Sales Tax 411.000.656.538.800.450.41 11.31 Total :130.33 135036 10/25/2012 047407 EMPLOYMENT SECURITY DEPT 312 000 093 000 Q3-2012 ES REF # 94513310 7 Q3-2012 Unemployment Insurance 001.000.390.517.780.230.00 9,994.44 Q3-2012 Unemployment Insurance 411.000.652.542.900.231.00 336.83 Total :10,331.27 135037 10/25/2012 008969 ENGLAND, CHARLES ENGLAND16096 SATURDAY NIGHT DANCE CLASSES SATURDAY NIGHT DANCE #16096 001.000.640.574.200.410.00 247.50 Total :247.50 135038 10/25/2012 069095 EUROPE THROUGH THE BACK DOOR EUROPE1002 RETURNING CREDIT ON ACCOUNT REFUND OF CREDIT ON ACCOUNT 001.000.000.239.200.000.00 27.00 Total :27.00 135039 10/25/2012 067599 EWING ELECTRIC INC ETS02 PROJECT: TASK ORDER NO. 02.12 HOOK-UP CONTROLS FOR PENN-VALLEY PUMP 411.000.656.538.800.410.22 1,267.98 HOOK-UP NEW HYPO SYSTEMS 414.000.656.594.320.650.10 14,926.46 HOOK-UP NEW BOOSTER PUMP 414.000.656.594.320.650.10 2,447.95 HOOK-UP NEW NON-POT 433 VFD 414.000.656.594.320.650.10 3,704.44 HOOK-UP CONTROLS FOR NEW NON 414.000.656.594.320.650.10 724.56 PUMP 401 VFD & CONTROLS 8Page: Packet Page 29 of 162 10/25/2012 Voucher List City of Edmonds 9 10:06:56AM Page:vchlist Bank code :front Voucher Date Vendor Invoice PO #Description/Account Amount 135039 10/25/2012 (Continued)067599 EWING ELECTRIC INC 411.000.656.538.800.410.22 1,267.98 9.5% Sales Tax 411.000.656.538.800.410.22 240.92 9.5% Sales Tax 414.000.656.594.320.650.10 2,071.32 Total :26,651.61 135040 10/25/2012 064723 FAIR, DOUGLAS 100412 ROAD TRIP TO VIEW PAPERLESS COURT ROAD TRIP TO VIEW PAPERLESS COURT 001.000.230.512.500.430.00 88.41 Total :88.41 135041 10/25/2012 066378 FASTENAL COMPANY WAMOU26833 SUPPLIES TB EYE-JAW 001.000.640.576.800.310.00 21.14 9.5% Sales Tax 001.000.640.576.800.310.00 2.01 Total :23.15 135042 10/25/2012 066378 FASTENAL COMPANY WAM0U26730 HARDWARE FOR LOCK CHANGE OUT Z4886 1/4" SEX BOLT 411.000.656.538.800.480.11 70.26 PPH MS 1/4-20 X 2 Z 411.000.656.538.800.480.11 0.38 PPHMS 1/4-20 X 1 1/2Z 411.000.656.538.800.480.11 0.32 Freight 411.000.656.538.800.480.11 50.00 9.5% Sales Tax 411.000.656.538.800.480.11 11.49 Total :132.45 135043 10/25/2012 071026 FASTSIGNS OF LYNNWOOD 443 11199 ARCHITECTURAL SIGNS ARCHITECTURAL SIGNS 132.000.640.594.760.310.00 981.70 9Page: Packet Page 30 of 162 10/25/2012 Voucher List City of Edmonds 10 10:06:56AM Page:vchlist Bank code :front Voucher Date Vendor Invoice PO #Description/Account Amount 135043 10/25/2012 (Continued)071026 FASTSIGNS OF LYNNWOOD 9.5% Sales Tax 132.000.640.594.760.310.00 93.28 Total :1,074.98 135044 10/25/2012 066590 FELIX LLC, ROBERT W FELIX15875 WEIGHT LOSS WITH HYPNOSIS WEIGHT LOSS WITH HYPNOSIS #15875 001.000.640.574.200.410.00 383.50 Total :383.50 135045 10/25/2012 067042 FINAL TOUCH FINISHING KING15743 ETIQUETTE CLASSES YOUNG LADIES & GENTLEMEN #15743 001.000.640.574.200.410.00 200.00 Total :200.00 135046 10/25/2012 067004 FINE LINE INDUSTRIAL PRODUCTS 22235-00 PRECISION PROCESS &TEMP METER PRECISION PROCRESS &TEMPERATURE METER 411.000.656.538.800.480.22 538.00 Freight 411.000.656.538.800.480.22 25.94 9.5% Sales Tax 411.000.656.538.800.480.22 53.57 Total :617.51 135047 10/25/2012 074201 FISHER, ZOE FISHER1002 RETURNING CREDIT ON ACCOUNT REFUND OF CREDIT ON ACCOUNT 001.000.000.239.200.000.00 9.00 Total :9.00 135048 10/25/2012 011900 FRONTIER 253-017-8148 CITY PARK T1 LINE City Park T1 Line 001.000.310.518.880.420.00 407.50 Total :407.50 135049 10/25/2012 011900 FRONTIER 253-007-4989 SEAVIEW RESERVOIR TELEMETRY CIRCUIT LINE SEAVIEW RESERVOIR TELEMETRY CIRCUIT 411.000.654.534.800.420.00 29.02 10Page: Packet Page 31 of 162 10/25/2012 Voucher List City of Edmonds 11 10:06:56AM Page:vchlist Bank code :front Voucher Date Vendor Invoice PO #Description/Account Amount 135049 10/25/2012 (Continued)011900 FRONTIER TELEMETRY CIRCUIT LINES253-012-9166 TELEMETRY CIRCUIT LINES 411.000.654.534.800.420.00 151.72 TELEMETRY CIRCUIT LINES 411.000.655.535.800.420.00 281.76 TELEMETRY CIRCUIT LINE253-014-8062 TELEMETRY CIRCUIT LINE 411.000.654.534.800.420.00 18.53 TELEMETRY CIRCUIT LINE 411.000.655.535.800.420.00 34.42 TELEMETRY CIRCUIT LINE253-017-4360 TELEMETRY CIRCUIT LINE 411.000.654.534.800.420.00 43.86 TELEMETRY CIRCUIT LINE 411.000.655.535.800.420.00 81.46 CIVIC CENTER ELEVATOR PHONE LINE425-712-8347 CIVIC CENTER ELEVATOR PHONE LINE 001.000.651.519.920.420.00 55.16 CIVIC CENTER ALARM LINES 250 5425-775-2455 CIVIC CENTER FIRE AND INTRUSION ALARM 001.000.651.519.920.420.00 50.59 FRANCES ANDERSON CENTER ALARM LINE425-776-3896 FRANCES ANDERSON CENTER FIRE AND 001.000.651.519.920.420.00 111.36 UTILITY LOCATE DESIGNATED LINE425-778-3297 UTILITY LOCATE DESIGNATED LINE 411.000.654.534.800.420.00 18.99 UTILITY LOCATE DESIGNATED LINE 411.000.655.535.800.420.00 35.26 Total :912.13 135050 10/25/2012 074202 GALLAGHER, PATTI GALLAGHER1002 RETURNING CREDIT ON ACCOUNT REFUND OF CREDIT ON ACCOUNT 001.000.000.239.200.000.00 10.00 11Page: Packet Page 32 of 162 10/25/2012 Voucher List City of Edmonds 12 10:06:56AM Page:vchlist Bank code :front Voucher Date Vendor Invoice PO #Description/Account Amount (Continued)Total :10.0013505010/25/2012 074202 074202 GALLAGHER, PATTI 135051 10/25/2012 074203 GEBREHANNA, AMANDA GEBREHANNA1002 RETURNING CREDIT ON ACCOUNT REFUND OF CREDIT ON ACCOUNT 001.000.000.239.200.000.00 9.45 Total :9.45 135052 10/25/2012 074204 HARRINGTON, VANESSA HARRINGTON1002 RETURNING CREDIT ON ACCOUNT REFUND OF CREDIT ON ACCOUNT 001.000.000.239.200.000.00 9.64 Total :9.64 135053 10/25/2012 006030 HDR ENGINEERING INC 0031736-B 186676 WWTP STANDBY POWER DISTRIBUTION 414.000.656.594.320.410.10 4,412.66 Total :4,412.66 135054 10/25/2012 072647 HERRERA ENVIRONMENTAL 31421 E1FN.SERVICES THRU 8/31/12 E1FN.Services thru 8/31/12 412.200.630.594.320.410.00 12,257.35 E1FN.SERVICES THRU 9/28/1231667 E1FN.Services thru 9/28/12 412.200.630.594.320.410.00 670.71 E9FB.SERVICES THRU 9/28/1231674 E9FB.Services thru 9/28/12 412.200.630.594.320.410.00 177.85 Total :13,105.91 135055 10/25/2012 074205 HONKA, SHANNON HONKA1002 RETURNING CREDIT ON ACCOUNT REFUND OF CREDIT ON ACCOUNT 001.000.000.239.200.000.00 23.82 Total :23.82 135056 10/25/2012 073548 INDOFF INCORPORATED 2168694 SUPPLIES SUPPLIES 001.000.230.512.501.310.00 49.25 12Page: Packet Page 33 of 162 10/25/2012 Voucher List City of Edmonds 13 10:06:56AM Page:vchlist Bank code :front Voucher Date Vendor Invoice PO #Description/Account Amount (Continued)Total :49.2513505610/25/2012 073548 073548 INDOFF INCORPORATED 135057 10/25/2012 073548 INDOFF INCORPORATED 2162832 2013 DESK & WALL CALENDARS 2013 Desk &Wall Calendars for Finance 001.000.310.514.230.310.00 183.20 9.5% Sales Tax 001.000.310.514.230.310.00 17.39 2013 WALL CALENDAR2170037 2013 Wall Calendar 001.000.310.514.230.310.00 -9.29 9.5% Sales Tax 001.000.310.514.230.310.00 -0.88 Total :190.42 135058 10/25/2012 073548 INDOFF INCORPORATED 2168597 Misc.office supplies including PTouch Misc.office supplies including PTouch 001.000.620.558.800.310.00 165.39 9.5% Sales Tax 001.000.620.558.800.310.00 15.72 Drafting film.2169304 Drafting film. 001.000.620.558.800.310.00 130.19 9.5% Sales Tax 001.000.620.558.800.310.00 12.37 Total :323.67 135059 10/25/2012 071634 INTEGRA TELECOM 10186571 C/A 768328 PR1-1 & 2 City Phone Service 001.000.310.518.880.420.00 1,947.20 Tourism Toll free lines 877.775.6929; 001.000.240.513.110.420.00 31.97 Econ Devlpmnt Toll free lines 001.000.240.513.110.420.00 32.03 Total :2,011.20 135060 10/25/2012 069349 INTERNATIONAL CODE COUNCIL INC 2911090 Membership dues for Leonard Yarberry 13Page: Packet Page 34 of 162 10/25/2012 Voucher List City of Edmonds 14 10:06:56AM Page:vchlist Bank code :front Voucher Date Vendor Invoice PO #Description/Account Amount 135060 10/25/2012 (Continued)069349 INTERNATIONAL CODE COUNCIL INC Membership dues for Leonard Yarberry 001.000.620.524.100.490.00 125.00 Total :125.00 135061 10/25/2012 065947 INTL SOCIETY OF ARBORICULTURE TIMBROOK2013 MEMBERSHIP RENEWAL PROFESSIONAL MEMBERSHIP RENEWAL FOR 001.000.640.576.800.490.00 180.00 Total :180.00 135062 10/25/2012 074236 JELLUM, SHIRLEE JELLUM WOTS WRITING CONTEST WINNER 2012 WOTS WRITING CONTEST WINNER 117.100.640.573.100.410.00 100.00 Total :100.00 135063 10/25/2012 070902 KAREN ULVESTAD PHOTOGRAPHY ULVESTAD16112 DIGITAL PHOTOGRAPHY CLASSES DIGITAL PHOTOGRAPHY #16112 001.000.640.574.200.410.00 160.00 Total :160.00 135064 10/25/2012 074206 KELLEY, STACI KELLEY1002 RETURNING CREDIT ON ACCOUNT REFUND OF CREDIT ON ACCOUNT 001.000.000.239.200.000.00 13.73 Total :13.73 135065 10/25/2012 071137 KIDZ LOVE SOCCER KLS15899 KIDZ LOVE SOCCER #15899 001.000.640.574.200.410.00 177.00 #15900 001.000.640.574.200.410.00 566.40 #15901 001.000.640.574.200.410.00 247.80 #15902 001.000.640.574.200.410.00 424.80 #15903 001.000.640.574.200.410.00 424.80 14Page: Packet Page 35 of 162 10/25/2012 Voucher List City of Edmonds 15 10:06:56AM Page:vchlist Bank code :front Voucher Date Vendor Invoice PO #Description/Account Amount 135065 10/25/2012 (Continued)071137 KIDZ LOVE SOCCER #15909 001.000.640.574.200.410.00 814.20 #15915 001.000.640.574.200.410.00 495.60 #15916 001.000.640.574.200.410.00 672.60 #15917 001.000.640.574.200.410.00 460.20 Total :4,283.40 135066 10/25/2012 069355 KLEINFELDER INC 779866 ON-CALL MATERIALS TESTING PROFESSIONAL SERVICES,DIRECT CHARGES 414.000.656.594.320.410.10 1,860.49 Total :1,860.49 135067 10/25/2012 074240 KNIGHT, KAREN KNIGHT15817 FUN FACTORY FUN FACTORY #15817 001.000.640.574.200.410.00 632.44 Total :632.44 135068 10/25/2012 074207 KOLLOCK, ANN KOLLOCK1002 RETURNING CREDIT ON ACCOUNT REFUND OF CREDIT ON ACCOUNT 001.000.000.239.200.000.00 16.00 Total :16.00 135069 10/25/2012 016600 KROESENS INC 20660 INV#20660 - EDMONDS PD -BROMAN S/S UNIFORM SHIRT 001.000.410.521.110.240.00 37.50 9.5% Sales Tax 001.000.410.521.110.240.00 3.56 Total :41.06 135070 10/25/2012 073950 KUBWATER RESOURCES 03074 2 - ZETAG 7878 - 20 KG CHEMICAL FLOCCULATION AGENT 411.000.656.538.800.310.51 449.68 15Page: Packet Page 36 of 162 10/25/2012 Voucher List City of Edmonds 16 10:06:56AM Page:vchlist Bank code :front Voucher Date Vendor Invoice PO #Description/Account Amount 135070 10/25/2012 (Continued)073950 KUBWATER RESOURCES Freight 411.000.656.538.800.310.51 53.54 9.5% Sales Tax 411.000.656.538.800.310.51 47.81 Total :551.03 135071 10/25/2012 073136 LANG, ROBERT 10172012 EDC DOOR MONITOR Door monitor for City Hall Economic 001.000.240.513.110.490.00 36.00 Total :36.00 135072 10/25/2012 073136 LANG, ROBERT LANG1020 GYM MONITOR GYM MONITOR FOR DANCE CLASSES 001.000.640.574.100.410.00 12.00 Total :12.00 135073 10/25/2012 073657 LAW OFFICE OF DILLON G SMITH 7 PUBLIC DEFENDER PUBLIC DEFENDER 001.000.390.512.520.410.00 200.00 Total :200.00 135074 10/25/2012 067631 LODESTAR COMPANY INC 33388 2795 HVAC PARTS & LABOR / REPAIR 411.000.656.538.800.480.21 736.77 9.5% Sales Tax 411.000.656.538.800.480.21 69.99 Total :806.76 135075 10/25/2012 074233 LUNDE, LINDA LUNDE WOTS WRITING CONTEST WINNER WOTS WRITING CONTEST WINNER 117.100.640.573.100.410.00 75.00 Total :75.00 135076 10/25/2012 072992 LYNNWOOD ICE CENTER LYNNWOODICE15929 LEARN TO ICE SKATE LEARN TO ICE SKATE #15929 001.000.640.574.200.410.00 277.20 16Page: Packet Page 37 of 162 10/25/2012 Voucher List City of Edmonds 17 10:06:56AM Page:vchlist Bank code :front Voucher Date Vendor Invoice PO #Description/Account Amount (Continued)Total :277.2013507610/25/2012 072992 072992 LYNNWOOD ICE CENTER 135077 10/25/2012 074234 MACPHERSON, JENA MACPHERSON WOTS WRITING CONTEST WINNER 2012 WOTS WRITING CONTEST WINNER 117.100.640.573.100.410.00 100.00 Total :100.00 135078 10/25/2012 074239 MAGANA, CARLOS MAGANA1016 REFUND REFUND OF DAMAGE DEPOSIT 001.000.000.239.200.000.00 450.00 Total :450.00 135079 10/25/2012 069362 MARSHALL, CITA 1062 INTERPRETER FEE INTERPRETER FEE 001.000.230.512.500.410.01 88.32 INTERPRETER FEE1089 INTERPRETER FEE 001.000.230.512.500.410.01 88.32 INTERPRETER FEE1096 INTERPRETER FEE 001.000.230.512.501.410.01 88.32 Total :264.96 135080 10/25/2012 074208 MCCARY-SMITH, KATIE MCCARY-SMITH1002 RETURNING CREDIT ON ACCOUNT REFUND OF CREDIT ON ACCOUNT 001.000.000.239.200.000.00 6.43 Total :6.43 135081 10/25/2012 074235 MCGORRY, MARY EILEEN MCGORRY WOTS CONTEST WINNER 2012 WOTS WRITING CONTEST WINNER 117.100.640.573.100.410.00 100.00 Total :100.00 135082 10/25/2012 020039 MCMASTER-CARR SUPPLY CO 39228202 ALKALINE BATTERIES ALKALINE BATTERIES 411.000.656.538.800.310.21 103.38 Freight 17Page: Packet Page 38 of 162 10/25/2012 Voucher List City of Edmonds 18 10:06:56AM Page:vchlist Bank code :front Voucher Date Vendor Invoice PO #Description/Account Amount 135082 10/25/2012 (Continued)020039 MCMASTER-CARR SUPPLY CO 411.000.656.538.800.310.21 6.96 ASSORTED SUPPLIES39228203 HAZARDOUS LOCATION PENLIGHT 411.000.656.538.800.350.00 262.57 Freight 411.000.656.538.800.350.00 6.66 Total :379.57 135083 10/25/2012 020900 MILLERS EQUIP & RENT ALL INC 157386 CHIPPER KNIVES CHIPPER KNIVES 001.000.640.576.800.310.00 112.00 9.5% Sales Tax 001.000.640.576.800.310.00 10.64 SUPPLIES157387 FILE & GUIDE, FUEL STABILIZER,WEDGES 001.000.640.576.800.310.00 33.75 9.5% Sales Tax 001.000.640.576.800.310.00 3.21 Total :159.60 135084 10/25/2012 072339 NORTHSHORE PAVING INC E2CA.Pmt 1 E2CA.PMT 1 THRU 9/28/12 E2CA.Pmt 1 thru 9/28/12 412.100.630.594.320.650.00 123,179.77 E2CA.Ret 1 412.100.000.223.400.000.00 -6,158.99 Total :117,020.78 135085 10/25/2012 066391 NORTHSTAR CHEMICAL INC 35777 SODIUM BISULFITE - 38% SODIUM BISULFITE - 38% 411.000.656.538.800.310.54 1,218.00 9.5% Sales Tax 411.000.656.538.800.310.54 115.71 Total :1,333.71 135086 10/25/2012 061013 NORTHWEST CASCADE INC 1-547350 HONEY BUCKET RENTAL 18Page: Packet Page 39 of 162 10/25/2012 Voucher List City of Edmonds 19 10:06:56AM Page:vchlist Bank code :front Voucher Date Vendor Invoice PO #Description/Account Amount 135086 10/25/2012 (Continued)061013 NORTHWEST CASCADE INC DESTROYED UNIT @ MADRONA ELEMENTARY 001.000.640.576.800.450.00 930.75 HONEY BUCKET RENTAL1-551112 MARINA BEACH~ 001.000.640.576.800.450.00 1,418.55 HONEY BUCKET RENTAL1-551991 HONEY BUCKET RENTAL:OLYMPIC BEACH 001.000.640.576.800.450.00 254.62 HONEY BUCKET RENTAL1-552331 HONEY BUCKET RENTAL:PINE STREET PARK 001.000.640.576.800.450.00 112.35 HONEY BUCKET RENTAL1-552332 HONEY BUCKET RENTAL:SIERRA PARK 001.000.640.576.800.450.00 112.35 HONEY BUCKET RENTAL1-552582 HONEY BUCKET RENTAL:WILLOW CREEK FISH 001.000.640.576.800.450.00 112.35 HONEY BUCKET RENTAL1-552780 HONEY BUCKET RENTAL:HUMMINGBIRD PARK 001.000.640.576.800.450.00 194.62 HONEY BUCKET RENTAL1-553316 HONEY BUCKET RENTAL:CIVIC CENTER 001.000.640.576.800.450.00 194.62 Total :3,330.21 135087 10/25/2012 025690 NOYES, KARIN 000 00 330 Planning Board Minutes for 10/10/12. Planning Board Minutes for 10/10/12. 001.000.620.558.600.440.00 704.00 Historic Preservation Commission000 00 332 Historic Preservation Commission 001.000.620.558.600.440.00 128.00 Total :832.00 135088 10/25/2012 063511 OFFICE MAX INC 638587 SPECIALTY PAPFER POINSETTIA PAPER FOR CELEBRATION OF 19Page: Packet Page 40 of 162 10/25/2012 Voucher List City of Edmonds 20 10:06:56AM Page:vchlist Bank code :front Voucher Date Vendor Invoice PO #Description/Account Amount 135088 10/25/2012 (Continued)063511 OFFICE MAX INC 001.000.640.574.200.310.00 18.61 9.5% Sales Tax 001.000.640.574.200.310.00 1.77 Total :20.38 135089 10/25/2012 073921 ORONG, DANIELLE ORONG VOLLEYBALL GYM ATTENDANT VOLLEYBALL GYM ATTENDANT @ 001.000.640.575.520.410.00 120.00 VOLLEYBALL GYM ATTENDANTORONG0925 VOLLEYBALL GYM ATTENDANT @ 001.000.640.575.520.410.00 40.00 Total :160.00 135090 10/25/2012 073987 OSMONSON, SHANNON OSMONSON15837 TINY FEET/LITTLE FISHES TINY FEET PLAYTIME #15837 001.000.640.574.200.410.00 190.69 LITTLE FISHES PRESCHOOL PREP 001.000.640.574.200.410.00 333.90 Total :524.59 135091 10/25/2012 071402 PACIFIC NW FLOAT TRIPS PACNWFLOAT16073 FALL COLORS FLOAT TRIP FALL COLORS &SALMON SPAWNING FLOAT 001.000.640.574.200.410.00 179.00 Total :179.00 135092 10/25/2012 027060 PACIFIC TOPSOILS 140679 DUMP FEES DUMP FEES 001.000.640.576.800.470.00 73.50 DUMP FEES140695 DUMP FEES 001.000.640.576.800.470.00 73.50 BRUSH DUMP140704 BRUSH DUMP 001.000.640.576.800.470.00 73.50 DUMP FEES140717 20Page: Packet Page 41 of 162 10/25/2012 Voucher List City of Edmonds 21 10:06:56AM Page:vchlist Bank code :front Voucher Date Vendor Invoice PO #Description/Account Amount 135092 10/25/2012 (Continued)027060 PACIFIC TOPSOILS DUMP FEES 001.000.640.576.800.470.00 73.50 Total :294.00 135093 10/25/2012 007800 PETTY CASH Aug24-Oct16 AUGUST 24 THRU OCTOBER 16 PETTY CASH Kleenex for DS Department 001.000.620.558.800.310.00 19.33 AA Batteries for Office Use 001.000.620.532.200.490.00 14.22 Mileage & Parking for SCCIT &RPEC 001.000.620.532.200.430.00 29.16 Mileage &Parking for SCCIT and RPEC 001.000.620.532.200.490.00 21.50 Thermal Receipt Paper 001.000.310.514.230.310.00 40.50 Mileage an Parking for SCCIT Meeting 001.000.620.532.200.430.00 28.83 Parking ICC Meeting 001.000.620.532.200.490.00 3.00 cookies for Harassment Training 001.000.220.516.100.490.00 51.53 Training Refreshments 001.000.220.516.100.490.00 36.25 Kleenex for DS Department 001.000.620.558.800.310.00 19.33 Total :263.65 135094 10/25/2012 008350 PETTY CASH - PARKS & REC PCASH102412 PETTY CASH REIMBURSEMENT GYMNASTICS SUPPLIES 001.000.640.575.550.310.00 12.53 SHRIMP TO FEED ANIMALS IN TOUCH TANK 001.000.640.574.350.310.00 8.69 MILEAGE REIMBURSEMENT:APRIL BOSELEY 001.000.640.574.350.430.00 38.30 PRESCHOOL SUPPLIES 21Page: Packet Page 42 of 162 10/25/2012 Voucher List City of Edmonds 22 10:06:56AM Page:vchlist Bank code :front Voucher Date Vendor Invoice PO #Description/Account Amount 135094 10/25/2012 (Continued)008350 PETTY CASH - PARKS & REC 001.000.640.575.560.310.00 9.13 DISCOVERY PROGRAM SUPPLIES 001.000.640.574.350.310.00 14.97 PRESCHOOL SUPPLIES 001.000.640.575.560.310.00 15.72 WRITE ON THE SOUND SUPPLIES 117.100.640.573.100.310.00 110.82 PRESCHOOL SUPPLIES 001.000.640.575.560.310.00 5.26 GYMNASTICS SUPPLIES 001.000.640.575.550.310.00 3.26 GYMNASTICS CLEANING SUPPLIES 001.000.640.575.550.310.00 7.63 POSTAGE FOR BIRD FEST MAILING 001.000.640.574.350.420.00 5.20 Total :231.51 135095 10/25/2012 028860 PLATT ELECTRIC SUPPLY INC 2556177 CONDUIT WATER BLOCK TAPE CONDUIT WATER BLOCK TAPE 411.000.656.538.800.480.22 217.33 9.5% Sales Tax 411.000.656.538.800.480.22 20.65 Total :237.98 135096 10/25/2012 073231 POLYDYNE INC 759826 CLARIFLOC (R) WE-1081 CLARIFLOC (R) WE-1081 POLYMER 411.000.656.538.800.310.51 6,342.60 Total :6,342.60 135097 10/25/2012 072725 PORTLAND MONTHLY 2012-2487-1 DEPOSIT FOR AD 2013 WA ST VISITOR GUIDE Deposit for 2013 ad in WA State 120.000.310.575.420.440.00 911.09 Total :911.09 135098 10/25/2012 064088 PROTECTION ONE 291104 ALARM MONITORING -PARKS MAINT 22Page: Packet Page 43 of 162 10/25/2012 Voucher List City of Edmonds 23 10:06:56AM Page:vchlist Bank code :front Voucher Date Vendor Invoice PO #Description/Account Amount 135098 10/25/2012 (Continued)064088 PROTECTION ONE ALARM MONITORING FOR PARKS MAINTENANCE 001.000.651.519.920.420.00 53.65 ALARM MONITORING FOR PARKS MAINTENANCE 001.000.640.576.800.420.00 53.65 ALARM MONITORING FOR FIRE STATION 001.000.651.519.920.420.00 107.52 Total :214.82 135099 10/25/2012 071911 PROTZ, MARGARET PROTZ15833 FELDENKRAIS WORKSHOP HEALTHY HIPS #15833 001.000.640.575.540.410.00 98.00 Total :98.00 135100 10/25/2012 067263 PUGET SAFETY EQUIPMENT COMPANY 0008017-IN PLUG STATION SPARK PLUG,TAGS SPARK PLUG,DO NOT OPERATE TAGS 411.000.656.538.800.310.12 447.75 9.5% Sales Tax 411.000.656.538.800.310.12 42.53 Total :490.28 135101 10/25/2012 030780 QUIRING MONUMENTS INC 130663 INSCRIPTIONS INSCRIPTIONS: HARRISON 130.000.640.536.200.340.00 170.00 INSCRIPTION130721 INSCRIPTION: DIXON 130.000.640.536.200.340.00 90.00 VASES130904 GRAY PLASTIC VASES 130.000.640.536.200.340.00 540.00 Total :800.00 135102 10/25/2012 074219 RACKMOUNT SOLUTIONS INV15001936 GSA CONTRACT GS-35F-0208R FOR IT GL-840N12-2442 414.000.656.594.320.650.10 2,857.49 Freight 23Page: Packet Page 44 of 162 10/25/2012 Voucher List City of Edmonds 24 10:06:56AM Page:vchlist Bank code :front Voucher Date Vendor Invoice PO #Description/Account Amount 135102 10/25/2012 (Continued)074219 RACKMOUNT SOLUTIONS 414.000.656.594.320.650.10 113.49 Total :2,970.98 135103 10/25/2012 074209 RENFROW, DENISE RENFROW1002 RETURNING CREDIT ON ACCOUNT REFUND OF CREDIT ON ACCOUNT 001.000.000.239.200.000.00 10.33 Total :10.33 135104 10/25/2012 074210 RICARD, DEBRA RICARD1002 RETURNING CREDIT ON ACCOUNT REFUND OF CREDIT ON ACCOUNT 001.000.000.239.200.000.00 13.73 Total :13.73 135105 10/25/2012 074243 ROCKE LAW GROUP, PLLC IN TRUST KCole SETTLEMENT AGREEMENT PAYMENT Settlement Agreement dated October 001.000.390.519.900.110.00 1,900.00 Total :1,900.00 135106 10/25/2012 074211 SCHWEEDLER, RICHARD SCHWEEDLER1002 RETURNING CREDIT ON ACCOUNT REFUND OF CREDIT ON ACCOUNT 001.000.000.239.200.000.00 27.46 Total :27.46 135107 10/25/2012 073486 SEATTLE KING CO CONVENTION &73658 MEMBERSHIP SEA CONV VISITOR BUREAU Membership Sea Convention &Visitor 001.000.240.513.110.490.00 390.00 Total :390.00 135108 10/25/2012 074238 SHAW-STARKOVICH, BEVERLY STARKOVICH1019 REIMBURSEMENT FOR WOTS SUPPLIES REIMBURSEMENT FOR SUPPLIES FOR WOTS 117.100.640.573.100.310.00 328.28 Total :328.28 135109 10/25/2012 074245 SHIRLEY ALBERTSON 4-27975 #4222-1963853 Utility refund due to #4222-1963853 Utility refund due to 411.000.000.233.000.000.00 335.37 24Page: Packet Page 45 of 162 10/25/2012 Voucher List City of Edmonds 25 10:06:56AM Page:vchlist Bank code :front Voucher Date Vendor Invoice PO #Description/Account Amount (Continued)Total :335.3713510910/25/2012 074245 074245 SHIRLEY ALBERTSON 135110 10/25/2012 074212 SIMEK, JULIE SIMEK1002 RETURNING CREDIT ON ACCOUNT REFUND OF CREDIT ON ACCOUNT 001.000.000.239.200.000.00 12.00 Total :12.00 135111 10/25/2012 074213 SMITH, NANCY D SMITH1002 RETURNING CREDIT ON ACCOUNT REFUND OF CREDIT ON ACCOUNT 001.000.000.239.200.000.00 11.50 Total :11.50 135112 10/25/2012 037303 SNO CO FIRE DIST # 1 12-116 Q3-12 EMS BILLING & POSTAGE Q3-12 Ambulance billings & postage 001.000.390.526.100.410.00 12,342.90 Total :12,342.90 135113 10/25/2012 037375 SNO CO PUD NO 1 2002-6027-1 9537 BOWDOIN AVE 9537 BOWDOIN AVE 001.000.640.576.800.470.00 1,321.19 19827 89TH PL W2004-9314-6 19827 89TH PL W 001.000.640.576.800.470.00 31.68 8100 190TH ST SW2025-4064-7 8100 190TH ST SW 001.000.640.576.800.470.00 30.64 Total :1,383.51 135114 10/25/2012 037375 SNO CO PUD NO 1 2002-0254-7 PEDEST CAUTION LIGHT 21930 95TH AVE W PEDEST CAUTION LIGHT 21930 95TH AVE W 111.000.653.542.640.470.00 30.64 TRAFFIC LIGHT 20829 76TH AVE W2002-0256-2 TRAFFIC LIGHT 20829 76TH AVE W 111.000.653.542.630.470.00 31.68 TRAFFIC LIGHT 22000 84TH AVE W2003-4823-3 TRAFFIC LIGHT 22000 84TH AVE W 111.000.653.542.640.470.00 72.00 25Page: Packet Page 46 of 162 10/25/2012 Voucher List City of Edmonds 26 10:06:56AM Page:vchlist Bank code :front Voucher Date Vendor Invoice PO #Description/Account Amount 135114 10/25/2012 (Continued)037375 SNO CO PUD NO 1 LIFT STATION #3 1529 NORTHSTREAM LN2008-6520-2 LIFT STATION #3 1529 NORTHSTREAM LN 411.000.655.535.800.470.00 96.73 PEDEST CAUTION LIGHT 8400 219TH ST SW2011-5141-2 PEDEST CAUTION LIGHT 8400 219TH ST SW 111.000.653.542.640.470.00 30.64 SNO-ISLE LIBRARY 650 MAIN ST /METER2015-5174-4 SNO-ISLE LIBRARY 650 MAIN ST /METER 001.000.651.519.920.470.00 1,935.04 TRAFFIC LIGHT 19600 80TH AVE W2015-8215-2 TRAFFIC LIGHT 19600 80TH AVE W 111.000.653.542.630.470.00 41.81 TRAFFIC LIGHT 20801 76TH AVE W2016-1195-1 TRAFFIC LIGHT 20801 76TH AVE W 111.000.653.542.630.470.00 43.92 TRAFFIC LIGHT 9932 220TH ST SW2017-5147-6 TRAFFIC LIGHT 9932 220TH ST SW 111.000.653.542.640.470.00 93.30 TRAFFIC LIGHT 7133 212TH ST SW2019-0786-2 TRAFFIC LIGHT 7133 212TH ST SW 111.000.653.542.630.470.00 41.83 PUBLIC WORKS OMC 7110 210TH ST SW2019-4248-9 PUBLIC WORKS OMC 7110 210TH ST SW 001.000.650.519.910.470.00 71.30 PUBLIC WORKS OMC 7110 210TH ST SW 111.000.653.542.900.470.00 270.94 PUBLIC WORKS OMC 7110 210TH ST SW 411.000.654.534.800.470.00 270.94 PUBLIC WORKS OMC 7110 210TH ST SW 411.000.655.535.800.470.00 270.94 PUBLIC WORKS OMC 7110 210TH ST SW 511.000.657.548.680.470.00 270.94 PUBLIC WORKS OMC 7110 210TH ST SW 411.000.652.542.900.470.00 270.94 LIFT STATION #6 100 PINE ST /METER2020-8787-0 26Page: Packet Page 47 of 162 10/25/2012 Voucher List City of Edmonds 27 10:06:56AM Page:vchlist Bank code :front Voucher Date Vendor Invoice PO #Description/Account Amount 135114 10/25/2012 (Continued)037375 SNO CO PUD NO 1 LIFT STATION #6 100 PINE ST /METER 411.000.655.535.800.470.00 215.36 TRAFFIC LIGHT 23801 HWY 99 /METER2022-8912-0 TRAFFIC LIGHT 23801 HWY 99 /METER 111.000.653.542.640.470.00 100.38 CIVIC CENTER & FIRE STATION 17 250 52022-9166-2 CIVIC CENTER & FIRE STATION 17 250 5 001.000.651.519.920.470.00 4,034.32 PEDEST CAUTION LIGHT 8602 188TH ST SW2024-2780-3 PEDEST CAUTION LIGHT 8602 188TH ST SW 111.000.653.542.640.470.00 31.68 CITY HALL 121 5TH AVE N /METER2024-3924-6 CITY HALL 121 5TH AVE N /METER 001.000.651.519.920.470.00 2,098.38 TRAFFIC LIGHT 8429 196TH ST SW2028-0763-2 TRAFFIC LIGHT 8429 196TH ST SW 001.000.651.519.920.470.00 32.05 WWTP 200 2ND AVE S / METER 10001353812030-9778-7 WWTP 200 2ND AVE S / METER 1000135381 411.000.656.538.800.471.61 23,716.25 Total :34,072.01 135115 10/25/2012 065176 SNOHOMISH CO TOURISM BUREAU QTFEd1016 QUARTERLY TOURISM FORUM Sno Co Quarterly Tourism Forum 001.000.240.513.110.490.00 70.00 Sno Co Quarterly Tourism Forum 117.100.640.573.100.490.00 35.00 Total :105.00 135116 10/25/2012 065176 SNOHOMISH CO TOURISM BUREAU 1016 QUARTERLY TOURISM FORUM QUARTERLY TOURISM FORUM ON 117.100.640.573.100.490.00 35.00 Total :35.00 135117 10/25/2012 038100 SNO-KING STAMP 51543 INV#51543 - EDMONDS PD 27Page: Packet Page 48 of 162 10/25/2012 Voucher List City of Edmonds 28 10:06:56AM Page:vchlist Bank code :front Voucher Date Vendor Invoice PO #Description/Account Amount 135117 10/25/2012 (Continued)038100 SNO-KING STAMP SHINY RECEIVED STAMP W/DATES 001.000.410.521.110.310.00 45.82 SHINEY STAMP "PHOTOS" 001.000.410.521.110.310.00 15.98 Freight 001.000.410.521.110.310.00 5.50 9.5% Sales Tax 001.000.410.521.110.310.00 6.39 Total :73.69 135118 10/25/2012 038413 SOUND TRACTOR IN89817 SEAT KUBOTA SEAT 001.000.640.576.800.310.00 133.00 9.5% Sales Tax 001.000.640.576.800.310.00 12.24 Total :145.24 135119 10/25/2012 060371 STANDARD INSURANCE CO Nov Standard Ins NOVEMBER STANDARD INSURANCE PREMIUMS November 2012 Standard Insurance 811.000.000.231.550.000.00 14,092.59 Total :14,092.59 135120 10/25/2012 040430 STONEWAY ELECTRIC SUPPLY S100287634.001 HIGH PERFORMANCE BOLLARD HIGH PERFORMANCE BOLLARD 001.000.640.576.800.310.00 1,673.69 Freight 001.000.640.576.800.310.00 35.13 9.5% Sales Tax 001.000.640.576.800.310.00 162.34 Total :1,871.16 135121 10/25/2012 040430 STONEWAY ELECTRIC SUPPLY S100307553.001 STEEL CONDUIT, 0Z-GEDNEY RB-324 STEEL CONDUIT, OZ-GEDNEY RB-324 411.000.656.538.800.480.11 40.21 9.5% Sales Tax 28Page: Packet Page 49 of 162 10/25/2012 Voucher List City of Edmonds 29 10:06:56AM Page:vchlist Bank code :front Voucher Date Vendor Invoice PO #Description/Account Amount 135121 10/25/2012 (Continued)040430 STONEWAY ELECTRIC SUPPLY 411.000.656.538.800.480.11 3.82 Total :44.03 135122 10/25/2012 074214 STRATMAN, ALEXIS STRATMAN1002 RETURNING CREDIT ON ACCOUNT REFUND OF CREDIT ON ACCOUNT 001.000.000.239.200.000.00 27.46 Total :27.46 135123 10/25/2012 068360 SUMMIT LAW GROUP 59135 INV 59135 EDMONDS POLICE NEGOTIATIONS 9.6 HRS LEGAL SERVICE @ $290/HR 001.000.410.521.100.410.00 2,784.00 80 MILES TRAVEL @ $.555/MILE 001.000.410.521.100.410.00 44.40 Total :2,828.40 135124 10/25/2012 074242 SWAN, AMARA SWAN15819 FUN FACTORY FUN FACTORY #15819 001.000.640.574.200.410.00 461.26 Total :461.26 135125 10/25/2012 073970 TALLMAN, TYLER TALLMAN100212 SOFTBALL FIELD ATTENDANT SOFTBALL FIELD ATTENDANT @ MEADOWDALE 001.000.640.575.520.410.00 370.00 Total :370.00 135126 10/25/2012 073621 TANIMURA, NAOAKI TANIMURA15854 KENDO CLASSES KENDO #15854 001.000.640.575.540.410.00 210.00 KENDO #15852 001.000.640.575.540.410.00 168.00 Total :378.00 135127 10/25/2012 009350 THE DAILY HERALD COMPANY 1796765 NEWSPAPER AD 2013 Preliminary Budget 001.000.250.514.300.440.00 53.20 29Page: Packet Page 50 of 162 10/25/2012 Voucher List City of Edmonds 30 10:06:56AM Page:vchlist Bank code :front Voucher Date Vendor Invoice PO #Description/Account Amount (Continued)Total :53.2013512710/25/2012 009350 009350 THE DAILY HERALD COMPANY 135128 10/25/2012 009350 THE DAILY HERALD COMPANY 1796479 Stonebridge/PRD-07-20 legal notices. Stonebridge/PRD-07-20 legal notices. 001.000.620.558.600.440.00 60.20 Port/AMD20110009 legal notices.1796545 Port/AMD20110009 legal notices. 001.000.620.558.600.440.00 82.56 Total :142.76 135129 10/25/2012 027269 THE PART WORKS INC 345421 DRIP HOSES DRIP HOSES 001.000.640.576.800.310.00 189.86 Freight 001.000.640.576.800.310.00 10.08 9.5% Sales Tax 001.000.640.576.800.310.00 18.99 Total :218.93 135130 10/25/2012 074244 THOMAS KING & WENDY BARRY 2-28300 #40101835-803-MJ3 Utility refund due to #40101835-803-MJ3 Utility refund due to 411.000.000.233.000.000.00 102.55 Total :102.55 135131 10/25/2012 062693 US BANK 3181 INV#3181 10/08/12 - BARD -EDMONDS PD MINDFLASH -MONTHLY FEE FOR ON 001.000.410.521.400.490.00 179.10 CANON POWERSHOT CAMERA 001.000.410.521.220.350.00 109.49 LUX TLE STREAMLIGHT SL20X 001.000.410.521.220.310.00 54.99 LOGITECH USB HEADSET 001.000.410.521.400.350.00 38.26 PKG NEW WORLD WORK SESSION 001.000.410.521.400.430.00 12.00 REG LIFELINE TRAIN-SACKVILLE 30Page: Packet Page 51 of 162 10/25/2012 Voucher List City of Edmonds 31 10:06:56AM Page:vchlist Bank code :front Voucher Date Vendor Invoice PO #Description/Account Amount 135131 10/25/2012 (Continued)062693 US BANK 001.000.410.521.400.490.00 129.00 CR123A BATTERIES 001.000.410.521.220.310.00 39.99 MINDFLASH -MONTHLY FEE FOR ON 001.000.410.521.400.490.00 179.10 Total :741.93 135132 10/25/2012 062693 US BANK 4675 CREDIT CARD TRANSACTIONS PRESCHOOL SUPPLIES 001.000.640.575.560.310.00 225.21 BULBS FOR HAZEL MILLER PLAZA 001.000.640.576.810.310.00 336.00 PRESCHOOL SUPPLIES 001.000.640.575.560.310.00 26.27 DAYCAMP SUPPLIES 001.000.640.575.530.310.00 51.02 WOTS LUNCHES 117.100.640.573.100.310.00 1,364.00 CREDIT CARD TRANSACTIONS6254 DONUTS FOR THE HALF MARATHON 001.000.640.574.100.310.00 44.97 COFFEE SUPPLIES FOR THE HALF MARATHON 001.000.640.574.100.310.00 35.11 CUPS FOR THE HALF MARATHON 001.000.640.574.100.310.00 10.93 CARRIE HITE'S REGISTRATION FOR WRPA MID 001.000.640.574.100.490.00 99.00 Total :2,192.51 135133 10/25/2012 062693 US BANK 3363 Unit 102 Core Fee Returned Unit 102 Core Fee Returned 511.000.657.548.680.310.00 -25.00 9.5% Sales Tax 511.000.657.548.680.310.00 -2.38 Home Depot - eq87wq - Parts3363 31Page: Packet Page 52 of 162 10/25/2012 Voucher List City of Edmonds 32 10:06:56AM Page:vchlist Bank code :front Voucher Date Vendor Invoice PO #Description/Account Amount 135133 10/25/2012 (Continued)062693 US BANK Home Depot - eq87wq - Parts 511.100.657.594.480.640.00 22.44 Laird Plastics - Unit eq73po - Parts 511.100.657.594.480.640.00 398.00 Gardico - Unit eq87wq - Parts 511.100.657.594.480.640.00 138.43 Gradico - Unit eq87wq - Parts 511.100.657.594.480.640.00 840.96 PayPal *Costnation* - Unit 30 - Rear 511.000.657.548.680.310.00 62.00 PayPal * 3Kingsaudio* - Unit 30 - 511.000.657.548.680.310.00 102.95 OReilly Auto - Unit 31 - Parts 511.000.657.548.680.310.00 17.91 Instrument Sales - Unit 31 - Supplies 511.000.657.548.680.310.00 43.81 OReilly Auto - Shop Supplies - Elect 511.000.657.548.680.311.00 76.32 OReilly Auto - Unit 102 - CV Shaft 511.000.657.548.680.311.00 100.18 David Clark Co. - Unit 46 - Supplies 511.000.657.548.680.310.00 79.25 OReilly Auto - Unit 34 - Oil Filter 511.000.657.548.680.310.00 17.02 Harbor Freight - Shop Tools -Vehicle 511.000.657.548.680.350.00 305.39 Total :2,177.28 135134 10/25/2012 062693 US BANK 6045 Action Registration fr 2012 APA Action Registration fr 2012 APA 001.000.620.558.600.490.00 275.00 Commercial Kitcen Seminar for Pat 001.000.620.524.100.490.00 30.00 Click to mail service for Westgate form 32Page: Packet Page 53 of 162 10/25/2012 Voucher List City of Edmonds 33 10:06:56AM Page:vchlist Bank code :front Voucher Date Vendor Invoice PO #Description/Account Amount 135134 10/25/2012 (Continued)062693 US BANK 001.000.620.558.600.440.00 139.54 Click to mail service for Harbor Square 001.000.620.558.600.440.00 706.59 Click 2 Mail service for Harbor Square 001.000.620.558.600.440.00 611.66 Total :1,762.79 135135 10/25/2012 067865 VERIZON WIRELESS 1127750981 C/A 671247844-00001 Cell Service-Bldg 001.000.620.524.100.420.00 97.45 Cell Service-Eng 001.000.620.532.200.420.00 172.84 Cell Service Fac-Maint 001.000.651.519.920.420.00 67.66 Cell Service-Parks Discovery Program 001.000.640.574.350.420.00 13.45 Cell Service Parks Maint 001.000.640.576.800.420.00 67.57 Cell Service-PD 001.000.410.521.220.420.00 448.02 Cell Service-PD 104 Fund 104.000.410.521.210.420.00 112.99 Cell Service-PW Street 111.000.653.542.900.420.00 28.47 Cell Service-PW Storm 411.000.652.542.900.420.00 14.53 Cell Service-PW Street/Storm 111.000.653.542.900.420.00 35.05 Cell Service-PW Street/Storm 411.000.652.542.900.420.00 35.05 Cell Service-PW Water 411.000.654.534.800.420.00 140.88 Cell Service-PW Sewer 411.000.655.535.800.420.00 67.87 33Page: Packet Page 54 of 162 10/25/2012 Voucher List City of Edmonds 34 10:06:56AM Page:vchlist Bank code :front Voucher Date Vendor Invoice PO #Description/Account Amount 135135 10/25/2012 (Continued)067865 VERIZON WIRELESS Cell Service-WWTP 411.000.656.538.800.420.00 40.37 Total :1,342.20 135136 10/25/2012 073976 WA ASPHALT PAVEMENT ASSOC 18498 ASPHALT PAVEMENT TRAINING-ENGLISH Asphalt Pavement Training-English & 001.000.620.532.200.490.00 130.00 Total :130.00 135137 10/25/2012 074215 WARDIEN, RACHEL WARDIEN1002 RETURNING CREDIT ON ACCOUNT REFUND OF CREDIT ON ACCOUNT 001.000.000.239.200.000.00 9.45 Total :9.45 135138 10/25/2012 067195 WASHINGTON TREE EXPERTS 06-8857 MINI PARK PINE TREES WORK DONE ON PINE TREES AT MINI PARK 001.000.640.576.800.480.00 320.00 9.5% Sales Tax 001.000.640.576.800.480.00 31.36 Total :351.36 135139 10/25/2012 073552 WELCO SALES LLC 5681 ENVELOPES #10 ENVELOPES 001.000.640.574.100.310.00 70.50 9.5% Sales Tax 001.000.640.574.100.310.00 6.70 Total :77.20 135140 10/25/2012 068270 WETHERHOLT & ASSOCIATES PS 36268 10-110335A2 WWTP BUILDING ROOF REPLACEMENT 414.000.656.594.320.650.10 4,440.35 Total :4,440.35 135141 10/25/2012 073018 WILCO-WINFIELD 120653 GARDEN SUPPLIES TURF CHAMPION GQ 001.000.640.576.800.310.00 121.80 34Page: Packet Page 55 of 162 10/25/2012 Voucher List City of Edmonds 35 10:06:56AM Page:vchlist Bank code :front Voucher Date Vendor Invoice PO #Description/Account Amount 135141 10/25/2012 (Continued)073018 WILCO-WINFIELD 9.5% Sales Tax 001.000.640.576.800.310.00 11.57 Total :133.37 135142 10/25/2012 070717 WSU URBAN & PESTICIDE SAFETY ROCKNE1009 PESTICIDE RECERTIFICATION WSU PESTICIDE RECERTIFICATION FOR ANDY 001.000.640.576.800.490.00 100.00 Total :100.00 135143 10/25/2012 074216 YOUNG, SUSIE E YOUNG1002 RETURNING CREDIT ON ACCOUNT REFUND OF CREDIT ON ACCOUNT 001.000.000.239.200.000.00 13.32 Total :13.32 Bank total :605,879.78143Vouchers for bank code :front 605,879.78Total vouchers :Vouchers in this report143 35Page: Packet Page 56 of 162 PROJECT NUMBERS (By Project Title) Funding Project Title Project Accounting Number Engineering Project Number FAC Edmonds Museum Exterior Repairs Project c327 E0LA FAC Senior Center Roof Repairs c332 E0LB General SR99 Enhancement Program c238 E6MA General SR104 Telecommunications Conduit Crossing c372 E1EA PM Dayton Street Plaza c276 E7MA PM Fourth Avenue Cultural Corridor c282 E8MA PM Interurban Trail c146 E2DB PM Marina Beach Additional Parking c290 E8MB PM Senior Center Parking Lot & Landscaping Improvements c321 E9MA STM 2012 Citywide Storm Drainage Improvements c382 E2FE STM Dayton Street & SR104 Storm Drainage Alternatives c374 E1FM STM Edmonds Marsh Feasibility Study c380 E2FC STM NPDES m013 E7FG STM Perrinville Creek Culvert Replacement c376 E1FN STM Public Facilities Water Quality Upgrades c339 E1FD STM Storm Contribution to Transportation Projects c341 E1FF STM Stormwater Development Review Support (NPDES Capacity)c349 E1FH STM Stormwater GIS Support c326 E0FC STM SW Edmonds-105th/106th Ave W Storm Improvements c336 E1FA STM Talbot Road/Perrinville Creek Drainage Improvements c307 E9FB STM Lake Ballinger Associated Projects 2012 c381 E2FD STM North Talbot Road Drainage Improvements c378 E2FA STM SW Edmonds Basin #3-238th St. SW to Hickman Park Infiltration System c379 E2FB STR 100th Ave W/Firdale Ave/238th St. SW/Traffic Signal Upgrade c329 E0AA STR 2009 Street Overlay Program c294 E9CA STR 2011 Residential Neighborhood Traffic Calming c343 E1AB STR 226th Street Walkway Project c312 E9DA STR 228th St. SW Corridor Improvements i005 E7AC STR 76th Ave W at 212th St SW Intersection Improvements c368 E1CA STR 76th Avenue West/75th Place West Walkway Project c245 E6DA STR 9th Avenue Improvement Project c392 E2AB STR Caspers/Ninth Avenue/Puget Drive (SR524) Walkway Project c256 E6DB STR Five Corners Roundabout (212th Street SW @ 84th Avenue W)c342 E1AA STR Main Street Lighting and Sidewalk Enhancements c265 E7AA Revised 10/25/2012Packet Page 57 of 162 PROJECT NUMBERS (By Project Title) Funding Project Title Project Accounting Number Engineering Project Number STR Shell Valley Emergency Access Road c268 E7CB STR Sunset Walkway Improvements c354 E1DA STR Transportation Plan Update c391 E2AA SWR 2012 Sanitary Sewer Comp Plan Update c369 E2GA SWR 2013 Sewerline Replacement Project c398 E3GA SWR Alder/Dellwood/Beach Pl/224th St. Sewer Replacement c347 E1GA SWR Alder Sanitary Sewer Pipe Rehabilitation c390 E2GB SWR BNSF Double Track Project c300 E8GC SWR City-Wide Sewer Improvements c301 E8GD SWR Lift Station 2 Improvements (Separated from L/s 13 - 09/01/08)c298 E8GA SWR OVD Sewer Lateral Improvements c142 E3GB SWR Sewer Lift Station Rehabilitation Design c304 E9GA WTR Sewer, Water, Stormwater Revenue Requirements Update c370 E1GB WTR 2010 Waterline Replacement Program c363 E0JA WTR 2011 Waterline Replacement Program c333 E1JA WTR 2012 Waterline Overlay Program c388 E2CA WTR 2012 Waterline Replacement Program c340 E1JE WTR 2013 Waterline Replacement Program c397 E3JA WTR 5th Avenue Overlay Project c399 E2CC WTR 76th Ave W Waterline Extension with Lynnwood c344 E1JB WTR AWD Intertie and Reservoir Improvements c324 E0IA WTR Edmonds General Facilities Charge Study c345 E1JC WTR Main Street Watermain c375 E1JK WTR OVD Watermain Improvements c141 E3JB WTR Pioneer Way Road Repair c389 E2CB WTR PRV Station 11 and 12 Abandonment c346 E1JD Revised 10/25/2012Packet Page 58 of 162 PROJECT NUMBERS (By Engineering Number) Funding Engineering Project Number Project Accounting Number Project Title STR E0AA c329 100th Ave W/Firdale Ave/238th St. SW/Traffic Signal Upgrade STM E0FC c326 Stormwater GIS Support WTR E0IA c324 AWD Intertie and Reservoir Improvements WTR E0JA c363 2010 Waterline Replacement Program FAC E0LA c327 Edmonds Museum Exterior Repairs Project FAC E0LB c332 Senior Center Roof Repairs STR E1AA c342 Five Corners Roundabout (212th Street SW @ 84th Avenue W) STR E1AB c343 2011 Residential Neighborhood Traffic Calming STR E1CA c368 76th Ave W at 212th St SW Intersection Improvements STR E1DA c354 Sunset Walkway Improvements General E1EA c372 SR104 Telecommunications Conduit Crossing STM E1FA c336 SW Edmonds-105th/106th Ave W Storm Improvements STM E1FD c339 Public Facilities Water Quality Upgrades STM E1FF c341 Storm Contribution to Transportation Projects STM E1FH c349 Stormwater Development Review Support (NPDES Capacity) STM E1FM c374 Dayton Street & SR104 Storm Drainage Alternatives STM E1FN c376 Perrinville Creek Culvert Replacement SWR E1GA c347 Alder/Dellwood/Beach Pl/224th St. Sewer Replacement WTR E1GB c370 Sewer, Water, Stormwater Revenue Requirements Update WTR E1JA c333 2011 Waterline Replacement Program WTR E1JB c344 76th Ave W Waterline Extension with Lynnwood WTR E1JC c345 Edmonds General Facilities Charge Study WTR E1JD c346 PRV Station 11 and 12 Abandonment WTR E1JE c340 2012 Waterline Replacement Program WTR E1JK c375 Main Street Watermain STR E2AA c391 Transportation Plan Update STR E2AB c392 9th Avenue Improvement Project WTR E2CA c388 2012 Waterline Overlay Program WTR E2CB c389 Pioneer Way Road Repair WTR E2CC c399 5th Avenue Overlay Project PM E2DB c146 Interurban Trail STM E2FA c378 North Talbot Road Drainage Improvements STM E2FB c379 SW Edmonds Basin #3-238th St. SW to Hickman Park Infiltration System STM E2FC c380 Edmonds Marsh Feasibility Study STM E2FD c381 Lake Ballinger Associated Projects 2012 STM E2FE c382 2012 Citywide Storm Drainage Improvements Revised 10/25/2012Packet Page 59 of 162 PROJECT NUMBERS (By Engineering Number) Funding Engineering Project Number Project Accounting Number Project Title SWR E2GA c369 2012 Sanitary Sewer Comp Plan Update SWR E2GB c390 Alder Sanitary Sewer Pipe Rehabilitation SWR E3GA c398 2013 Sewerline Replacement Project SWR E3GB c142 OVD Sewer Lateral Improvements WTR E3JA c397 2013 Waterline Replacement Program WTR E3JB c141 OVD Watermain Improvements STR E6DA c245 76th Avenue West/75th Place West Walkway Project STR E6DB c256 Caspers/Ninth Avenue/Puget Drive (SR524) Walkway Project General E6MA c238 SR99 Enhancement Program STR E7AA c265 Main Street Lighting and Sidewalk Enhancements STR E7AC i005 228th St. SW Corridor Improvements STR E7CB c268 Shell Valley Emergency Access Road STM E7FG m013 NPDES PM E7MA c276 Dayton Street Plaza SWR E8GA c298 Lift Station 2 Improvements (Separated from L/s 13 - 09/01/08) SWR E8GC c300 BNSF Double Track Project SWR E8GD c301 City-Wide Sewer Improvements PM E8MA c282 Fourth Avenue Cultural Corridor PM E8MB c290 Marina Beach Additional Parking STR E9CA c294 2009 Street Overlay Program STR E9DA c312 226th Street Walkway Project STM E9FB c307 Talbot Road/Perrinville Creek Drainage Improvements SWR E9GA c304 Sewer Lift Station Rehabilitation Design PM E9MA c321 Senior Center Parking Lot & Landscaping Improvements Revised 10/25/2012Packet Page 60 of 162 PROJECT NUMBERS (By New Project Accounting Number) Funding Project Accounting Number Engineering Project Number Project Title WTR c141 E3JB OVD Watermain Improvements SWR c142 E3GB OVD Sewer Lateral Improvements PM c146 E2DB Interurban Trail General c238 E6MA SR99 Enhancement Program 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 E8MA Fourth Avenue Cultural Corridor PM c290 E8MB Marina Beach Additional Parking STR c294 E9CA 2009 Street Overlay Program SWR c298 E8GA Lift Station 2 Improvements (Separated from L/s 13 - 09/01/08) SWR c300 E8GC BNSF Double Track Project SWR c301 E8GD City-Wide Sewer Improvements SWR c304 E9GA Sewer Lift Station Rehabilitation Design STM c307 E9FB Talbot Road/Perrinville Creek Drainage Improvements STR c312 E9DA 226th Street Walkway Project PM c321 E9MA Senior Center Parking Lot & Landscaping Improvements WTR c324 E0IA AWD Intertie and Reservoir Improvements STM c326 E0FC Stormwater GIS Support FAC c327 E0LA Edmonds Museum Exterior Repairs Project STR c329 E0AA 100th Ave W/Firdale Ave/238th St. SW/Traffic Signal Upgrade FAC c332 E0LB Senior Center Roof Repairs WTR c333 E1JA 2011 Waterline Replacement Program STM c336 E1FA SW Edmonds-105th/106th Ave W Storm Improvements STM c339 E1FD Public Facilities Water Quality Upgrades WTR c340 E1JE 2012 Waterline Replacement Program STM c341 E1FF 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 Revised 10/25/2012Packet Page 61 of 162 PROJECT NUMBERS (By New Project Accounting Number) Funding Project Accounting Number Engineering Project Number Project Title WTR c346 E1JD PRV Station 11 and 12 Abandonment SWR c347 E1GA Alder/Dellwood/Beach Pl/224th St. Sewer Replacement STM c349 E1FH Stormwater Development Review Support (NPDES Capacity) STR c354 E1DA Sunset Walkway Improvements WTR c363 E0JA 2010 Waterline Replacement Program STR c368 E1CA 76th Ave W at 212th St SW Intersection Improvements SWR c369 E2GA 2012 Sanitary Sewer Comp Plan Update WTR c370 E1GB Sewer, Water, Stormwater Revenue Requirements Update General c372 E1EA SR104 Telecommunications Conduit Crossing STM c374 E1FM Dayton Street & SR104 Storm Drainage Alternatives WTR c375 E1JK Main Street Watermain STM c376 E1FN 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 WWTP c383 WWTP WWTP ReRoof Project WTR c388 E2CA 2012 Waterline Overlay Program WTR c389 E2CB Pioneer Way Road Repair SWR c390 E2GB Alder Sanitary Sewer Pipe Rehabilitation STR c391 E2AA Transportation Plan Update STR c392 E2AB 9th Avenue Improvement Project WTR c397 E3JA 2013 Waterline Replacement Program SWR c398 E3GA 2013 Sewerline Replacement Project WTR c399 E2CC 5th Avenue Overlay Project STR i005 E7AC 228th St. SW Corridor Improvements STM m013 E7FG NPDES Revised 10/25/2012Packet Page 62 of 162 PROJECT NUMBERS (By Project Title) Funding Project Title Project Accounting Number Engineering Project Number STR 100th Ave W/Firdale Ave/238th St. SW/Traffic Signal Upgrade c329 E0AA STR 2009 Street Overlay Program c294 E9CA WTR 2010 Waterline Replacement Program c363 E0JA STR 2011 Residential Neighborhood Traffic Calming c343 E1AB WTR 2011 Waterline Replacement Program c333 E1JA STM 2012 Citywide Storm Drainage Improvements c382 E2FE SWR 2012 Sanitary Sewer Comp Plan Update c369 E2GA WTR 2012 Waterline Overlay Program c388 E2CA WTR 2012 Waterline Replacement Program c340 E1JE SWR 2013 Sewerline Replacement Project c398 E3GA WTR 2013 Waterline Replacement Program c397 E3JA STR 226th Street Walkway Project c312 E9DA STR 228th St. SW Corridor Improvements i005 E7AC WTR 5th Ave Overlay Project c399 E2CC STR 76th Ave W at 212th St SW Intersection Improvements c368 E1CA WTR 76th Ave W Waterline Extension with Lynnwood c344 E1JB STR 76th Avenue West/75th Place West Walkway Project c245 E6DA STR 9th Avenue Improvement Project c392 E2AB SWR Alder Sanitary Sewer Pipe Rehabilitation c390 E2GB SWR Alder/Dellwood/Beach Pl/224th St. Sewer Replacement c347 E1GA WTR AWD Intertie and Reservoir Improvements c324 E0IA SWR BNSF Double Track Project c300 E8GC STR Caspers/Ninth Avenue/Puget Drive (SR524) Walkway Project c256 E6DB SWR City-Wide Sewer Improvements c301 E8GD STM Dayton Street & SR104 Storm Drainage Alternatives c374 E1FM PM Dayton Street Plaza c276 E7MA WTR Edmonds General Facilities Charge Study c345 E1JC STM Edmonds Marsh Feasibility Study c380 E2FC FAC Edmonds Museum Exterior Repairs Project c327 E0LA STR Five Corners Roundabout (212th Street SW @ 84th Avenue W)c342 E1AA PM Fourth Avenue Cultural Corridor c282 E8MA 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 E8GA Revised 10/25/2012Packet Page 63 of 162 PROJECT NUMBERS (By Project Title) Funding Project Title Project Accounting Number Engineering Project Number STR Main Street Lighting and Sidewalk Enhancements c265 E7AA WTR Main Street Watermain c375 E1JK PM Marina Beach Additional Parking c290 E8MB STM North Talbot Road Drainage Improvements c378 E2FA STM NPDES m013 E7FG SWR OVD Sewer Lateral Improvements c142 E3GB WTR OVD Watermain Improvements c141 E3JB STM Perrinville Creek Culvert Replacement c376 E1FN WTR Pioneer Way Road Repair c389 E2CB WTR PRV Station 11 and 12 Abandonment c346 E1JD STM Public Facilities Water Quality Upgrades c339 E1FD PM Senior Center Parking Lot & Landscaping Improvements c321 E9MA FAC Senior Center Roof Repairs c332 E0LB 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 General SR104 Telecommunications Conduit Crossing c372 E1EA General SR99 Enhancement Program c238 E6MA STM Storm Contribution to Transportation Projects c341 E1FF STM Stormwater Development Review Support (NPDES Capacity)c349 E1FH STM Stormwater GIS Support c326 E0FC STR Sunset Walkway Improvements c354 E1DA 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 E1FA STM Talbot Road/Perrinville Creek Drainage Improvements c307 E9FB STR Transportation Plan Update c391 E2AA Revised 10/25/2012Packet Page 64 of 162 PROJECT NUMBERS (Phase and Task Numbers) Phases and Tasks (Engineering Division) Phase Title ct Construction ds Design pl Preliminary sa Site Acquisition & Prep st Study ro Right-of-Way Task Title 196 Traffic Engineering & Studies 197 MAIT 198 CTR 199 Engineering Plans & Services 950 Engineering Staff Time 970 Construction Management 981 Contract 990 Miscellaneous 991 Retainage stm Engineering Staff Time-Storm str Engineering Staff Time-Street swr Engineering Staff Time-Sewer wtr Engineering Staff Time-Water prk Engineering Staff Time-Park Packet Page 65 of 162    AM-5209     3. C.              City Council Meeting - Budget Work Session Meeting Date:10/30/2012 Time:Consent   Submitted By:Carrie Hite Department:Parks and Recreation Review Committee: Finance Committee Action: Approve for Consent Agenda Type: Action  Information Subject Title 2012-2013 Edmonds Police Officers Association Law Enforcement Commissioned Employees collective bargaining agreement. Recommendation This collective bargaining agreement (contract) for the Law Enforcement Commissioned Employees has been ratified and is being presented to Council for approval. Previous Council Action This step is part of the normal process at the City for a collective bargaining agreement resulting in a a final contract. Narrative This collective bargaining agreement is effective from 1/1/12 -12/31/13. Attachments EPOA Final Contract Form Review Inbox Reviewed By Date City Clerk Sandy Chase 10/23/2012 09:56 AM Mayor Dave Earling 10/23/2012 10:03 AM Finalize for Agenda Sandy Chase 10/23/2012 01:46 PM Form Started By: Carrie Hite Started On: 10/22/2012 02:25 PM Final Approval Date: 10/23/2012  Packet Page 66 of 162 1 AGREEMENT by and between CITY OF EDMONDS, WASHINGTON and the EDMONDS POLICE OFFICERS’ ASSOCIATION (Representing the Law Enforcement Commissioned Employees) JANUARY 1, 2012 THROUGH DECEMBER 31, 2013 Packet Page 67 of 162 2 TABLE OF CONTENTS ARTICLE I RECOGNITION, ASSOCIATION MEMBERSHIP & PAYROLL DEDUCTION- PAGE 3 ARTICLE II GENDER - PAGE 4 ARTICLE III ASSOCIATION RIGHTS- PAGE 4 ARTICLE IV HOURS OF WORK, OVERTIME AND CALLBACK- PAGE 5 ARTICLE V SENIORITY- PAGE 8 ARTICLE VI WAGES - PAGE 9 ARTICLE VII HOLIDAYS - PAGE 9 ARTICLE VIII VACATIONS - PAGE 10 ARTICLE IX LEAVES - PAGE 11 ARTICLE X INSURANCE - PAGE 14 ARTICLE XI UNIFORMS AND EQUIPMENT - PAGE 16 ARTICLE XII MISCELLANEOUS - PAGE 18 ARTICLE XIII NO STRIKE PROVISION - PAGE 19 ARTICLE XIV DISCHARGE OR SUSPENSION - PAGE 19 ARTICLE XV GRIEVANCE PROCEDURE - PAGE 19 ARTICLE XVI SAVINGS CLAUSE- PAGE 21 ARTICLE XVII DURATION - PAGE 21 ARTICLE XVIII ENTIRE AGREEMENT- PAGE 22 ARTICLE XIX PROBATIONARY PERIODS - PAGE 22 APPENDIX “A” - PAGE 23 APPENDIX “B” - PAGE 29 APPENDIX “B-1” - PAGE 36 APPENDIX “C” - PAGE 37 APPENDIX “D” - PAGE 40 Packet Page 68 of 162 3 AGREEMENT by and between CITY OF EDMONDS, WASHINGTON and the EDMONDS POLICE OFFICERS’ ASSOCIATION JANUARY 1, 2012 THROUGH DECEMBER 31, 2013 (Representing the Law Enforcement Commissioned Employees) THIS AGREEMENT is by and between the CITY OF EDMONDS, WASHINGTON, hereinafter referred to as the Employer, and the EDMONDS POLICE OFFICERS’ ASSOCIATION, hereinafter referred to as the Association. ARTICLE I. RECOGNITION, ASSOCIATION MEMBERSHIP & PAYROLL DEDUCTION 1.1 Recognition – The Employer recognizes the Association as the sole collective bargaining representative for all fully commissioned law enforcement officers of the City of Edmonds, Washington Police Department excluding the Chief of Police, Assistant Police Chiefs, Secretary to the Chief of Police, Supervisors, confidential employees and all other employees of the Employer. 1.2 Association Membership – It shall be a condition of employment that all Employees of the Employer covered by this Agreement who are members of the Association in good standing on the effective date of this Agreement shall remain members in good standing or pay an agency fee and those who are not members on the effective date of this Agreement shall, on the thirty-first (31st) day following the effective date of this Agreement, become and remain members in good standing in the Association or pay an agency fee. It shall also be a condition of employment that all Employees covered by this Agreement hired on or after its effective date shall, on the thirty-first (31st) day following the beginning of such employment, become and remain members in good standing in the Association or pay an agency fee. 1.2.1 In accordance with RCW 41.56.122 Employees covered by this Agreement who for bona fide religious tenets or teachings of a church or religious body are forbidden from joining a Union/Association shall contribute an amount equivalent to regular Union/Association dues to a non-religious charity or to another charitable organization mutually agreed upon by the affected Employee and the Association to which such Employee would otherwise pay the regular monthly dues. If the Employee and Association are unable to agree, the Public Employment Relations Commission (PERC) shall designate the charity. The Employee shall furnish written proof to the Association and the Employer that such payment has been made. 1.2.2 Temporary Employees shall work under the terms of this Agreement, but shall be required to pay an Association service fee equivalent to regular monthly dues for an Entry Level Officer. 1.3 Payroll Deduct – The Employer shall deduct from the pay of all Employees covered by this Agreement the dues of the Association and shall remit to said Association all such deductions monthly, except that all deductions for the above items must be uniform and Packet Page 69 of 162 4 regular to accommodate the monthly machine processed payroll. Where laws require written authorization by the Employee, the same shall be furnished in the form required. No deduction shall be made which is prohibited by applicable law. The Association shall indemnify, defend and hold the Employer harmless against any claims made and against any suit instituted against the Employer on account of any check-off of dues for the Association. The Association shall refund to the Employer any amounts paid to it in error on account of the check-off provision upon presentation of proper evidence thereof. ARTICLE II. GENDER 2.1 Wherever the words Employee or Employees are used in this Agreement, they are intended and shall be construed so as to apply equally to either gender. ARTICLE III. ASSOCIATION RIGHTS 3.1 Association Officials Time-Off – An Association Official who is an Employee in the Bargaining Unit (Association Board Officer, Negotiation Team Member and/or Shop Steward as appropriate to the specific activity) shall be granted a reasonable amount of release time if on duty while actually conducting contract negotiations, contract administration or discipline representation with the Employer on behalf of the Employees in the Bargaining Unit or actually engaged in preparatory meetings for said activities with the Employee. This does not include research and other preparation activities not specifically enumerated and provided: o They notify the Employer at least forty-eight (48) hours prior to the time-off, o The Employer is able to properly staff the Employee’s job duties during the time- off, o And the wage cost to the Employer is no greater than the cost that would have been incurred had the Association Official not taken time-off. When Association activities, as enumerated above, must be scheduled during an Association Official’s off duty hours, adjustments shall be made to the Official’s regular schedule on an hour for hour (straight time) basis. Additionally, the Employer shall allow up to an aggregate of nine (9) work days per year of aggregate leave to allow one (1) delegate from the Edmonds Police Association (EPOA) to attend each meeting of the Washington State Council of Police (WACOPS) provided that time spent in such endeavors shall not be considered compensable time within the meaning of the FLSA and; provided that such delegates pay all of their own expenses in attending the above meetings. 3.2 Association Investigation and Visitation Privileges – The Labor Representative of the Association, with the permission of the Department Head or designee, may visit the work location of Employees at any reasonable time and location for the purpose of investigating Grievances. Such Representative shall limit activities during such investigations to matters relating to this Agreement; provided however, the Labor Representative shall not interfere with the operation or normal routine of any department. Packet Page 70 of 162 5 3.3 Bulletin Boards – The Employer shall provide suitable space for a bulletin board to be used exclusively by the Association. 3.4 Use of Equipment – Bargaining Unit Officials may make occasional but limited use of City owned/operated communication resources (telephone, facsimile, voice mail, electronic mail, copier, computer) for communications; specifically, incidental or minimal use is permitted. Incidental or minimal use is that which is both brief in duration and accumulation and does not interfere with or impact the conduct of official City business due to volume, frequency or impedes Employee’s performance of their official duties. In no event will the Association use the City communications resources for internal Association business beyond that permitted for minimal use or for any political use. The Association will supply one (1) box/case of paper of a similar type and quality as used by the City on an annual basis to the City. ARTICLE IV. HOURS OF WORK, OVERTIME AND CALLBACK 4.1 The workweek shall be comprised of three (3) or more consecutive days ON duty and two (2) or more consecutive days OFF duty. The sum total of time worked shall not exceed forty (40) hours per week based on an annual average. Officers assigned to patrol shall continue with the existing four-ten and one-half (4-10.5) hour day schedule. Commencing January 1, 2006 Officers assigned to patrol will work a four (4) days ON and four (4) days OFF (4/4), twelve (12) hour schedule. Specific shift configurations (to include shift hours and days on/days off rotation) shall be as agreed between the Employer and the Association. FLSA 7(k) work period is mutually agreed to be twenty eight (28) days except for patrol working twelve (12) hour shifts shall be twenty four (24) days. 4.1.1 A workday shall normally include the following based on shift hours: Shifts of 8 hours: One (1) thirty (30) minute meal period Two (2) fifteen (15) minute rest periods Shifts of 10 hours: One (1) forty five (45) minute meal period Two (2) fifteen (15) minute rest periods Shifts of 10 hours 30 minutes: One (1) forty five (45) minute meal period Two (2) fifteen (15) minute rest periods Shifts of 12 hours: One (1) forty (45) minute meal period Three (3) fifteen (15) minute rest periods All Employees shall be subject to immediate call during meal and rest periods for which no overtime or additional compensation shall be paid. An Employee recalled to work from a meal or rest period shall be entitled to an additional rest period. 4.1.2 Scheduling of K-9 Officers – K-9 Officers will be scheduled on a forty (40) hour per week basis utilizing a four (4) day per week, ten (10) hour per day schedule. 4.2 Overtime – Overtime shall be that time worked in excess of the scheduled hours of work which shall be compensated at the rate of one and one-half (1.5) times the Employee’s regular straight time hourly rate of pay. 4.2.1 Call Back –The Employee is considered to be on paid status upon being ordered back to work (i.e. notification of a call out) and off paid status when leaving the police facility or other Employer designated work site. In the case of pre-scheduled meetings, Packet Page 71 of 162 6 court appearances and other scheduled events, paid status commences at the time scheduled for the event and ends when the event is over but at no time less than the three (3) hour minimum as described later in this Section. Employees ordered to report back to duty after going home after their regular shift, or ordered to report back to work on their day off, including time required to be spent in court, either as a witness or in assistance on another officer’s case, or in attendance at department meetings shall be guaranteed three (3) hours at the rate of one and one-half (1.5) times the Employee’s regular straight time hourly rate of pay. In the event an Employee is not notified by 12:00 noon forty eight (48) hours prior to a scheduled or subpoenaed Court appearance on a regularly scheduled day off that such an appearance is not necessary, the Employee shall receive be guaranteed two and one-half (2.5) hours at the Employee’s regular straight time hourly rate of pay. If the employee is assigned to graveyard, and the Court appearance is scheduled during their work week, they will be notified before the end of their shift prior to the Court appearance. Employees ordered to report back to work on a prescheduled day off (Kelly day, compensatory time, holiday time, or vacation day) shall be provided additional compensation of straight time compensatory time or straight time overtime equivalent to 50% of the hours worked on that day. As an example, an employee has a prescheduled 12 hour vacation day and gets called in to work. The employee works 6 hours. The employee would utilize 6 hours vacation time on that day, and would be paid 6 hours regular time, plus would receive an additional 3 hours straight time comp time or straight time paid time for being called in. 4.2.2 All approved overtime shall be compensated in increments of fifteen (15) minutes with the major portion of fifteen (15) minutes being paid as fifteen (15) minutes. 4.3 The policy of bidding for shift assignments on a seniority basis by rank shall be recognized, provided seniority may be disregarded for good cause by the Employer. Shift bids for the following year open on or about September 1 and close on or about October 1 and shall be open for thirty (30) days. Employees shall be notified of the result of the bid on or about October 15. For the purpose of this Section “on or about” shall mean not to exceed three (3) days. Bid results may be subject to change due to events such as promotion, specialty assignment rotation, resignation or other good cause. Any Employer initiated change to an Employee’s previously assigned bid shift will require fourteen (14) day prior notification to the Employee. Any change to an Employee’s previously assigned bid shift with less than fourteen (14) days notice will result in the Employee receiving compensation at the rate of one and one-half (1.5) times the Employee’s regular straight time hourly rate of pay from the date of the change through the fourteenth (14th) day. The fourteen (14) day notification and the one and one half (1.5) times regular straight time hourly rate of pay requirement may be waived by the Association on behalf of the Employee. The fourteen (14) day notification request will not apply in the case of a bonafide emergency or other good cause. 4.3.1 There will normally be only one Corporal assigned per patrol shift, and shift bidding will be by seniority. If, however, there are more Corporals assigned to the Patrol Division than there are shifts, the “extra” Corporal shall bid for shift based on seniority. Packet Page 72 of 162 7 4.4 The utilization of any compensatory time accrued shall be at the Employee’s option; provided, however, that the scheduling of holiday time accrued pursuant to Article VII and the compensatory time off under this Article shall create no undue hardship to the Employer nor shall it interfere with previously scheduled vacations. 4.4.1 Requests to schedule compensatory or holiday time shall be made not less than fourteen (14) days in advance of the requested date, provided, however, that compensatory time may be scheduled with less than fourteen (14) days notice only when the request would not require the Employer to call another Employee to work in order to meet minimum staffing requirement, provided further that an Employee requesting compensatory time with less than fourteen (14) days notice shall be allowed the time off if the Employee arranges for a volunteer replacement. Whether the substitute Employee works at the request of the Employer or at the request of another Employee, overtime will be paid. Accumulation of compensatory time shall be limited to a maximum accrual of sixty five (65) hours at any one time. Any hours accrued in excess of the maximum shall be paid to the Employee at the next regularly scheduled pay period. 4.4.2 Probationary employees may accrue compensatory time pursuant to terms of this agreement, provided however such accrued compensatory time may only be utilized when the employee is no longer in probationary status 4.4.3 For the purposes of this Section only, the following formula will address “minimum staffing” as it relates for Employees to be able to be approved for time off. Staffing minimums may be increased during Special events (I.e. July 4th, Taste of Edmonds etc.), when the Employer specifies at least fourteen (14) days in advance. Between 0600 and 1800 hours a Supervisor plus three Officers (total of four-4) not including Officers/Employees assigned to Specialty Units with the exception of K-9 Between 1800 and 0600 hours, a Supervisor plus four (4) Officers (total of five-5) not including Officers/Employees assigned to Specialty Units with the exception of K-9. (MOU 3-1-06) In an effort for consistency the following would apply for implementing time off request: o Employees would contact their shift Supervisor if available. In the event that their shift Supervisor is not available then the Employee would contact the “on- duty” shift Supervisor. o On-duty Supervisor would check the payroll sheet and determine if staffing minimums allow for the time off request to be approved. o If approved, the on-duty Supervisor shall document the time off request on the Payroll sheet and Turn-over sheet. o In addition, the on-duty Supervisor would send an e-mail to “all” Sergeants and Corporals to provide for proper communication of the staffing change. Packet Page 73 of 162 8 It will be the responsibility of the Employee to provide as much notification as possible. Requests submitted less than eight (8) hours prior to the start of a shift, may be denied by a Supervisor. While actually at work an Employee will be granted requested time off during that shift if minimum staffing levels are met as described above and there are no critical incidents that would require additional staffing at that time. 4.5 In order to emulate an average of 2080 hours worked on an annual basis, Employee’s assigned to any given number of shift hour patrol schedules, will receive the appropriate number of “Kelly” days per year. It is the understanding of the parties that the contract work schedules are FLSA compliant. The term “Kelly” days or time is used for convenience and is not an indication that adjustments are required within the work period to avoid FLSA overtime thresholds. “Kelly” days will be accrued in a bank of hours. o Shifts of 10 hours 30 minutes (10.5) hours in duration receive two (2) “Kelly” days totaling a bank of twenty (20) hours. o Effective January 1, 2006, shifts of twelve (12) hour duration receive twelve (12) “Kelly” days totaling a bank of one hundred forty four (144) hours in a bank. a) Forty eight (48) hours per trimester will be credited to the bank. b) On a pro rata basis this will equate to twelve (12) hours per month. c) Employees shall use thirty six (36) hours per trimester or shall be subject to forfeit those hours not used. d) Twelve (12) hours may be carried over each trimester. e) Up to thirty six (36) hours may be cashed out annually. On or before December 1st of each calendar year (effective in year 2006), all unused and unscheduled “Kelly” hours, up to and including thirty six (36) hours shall be repurchased by the Employer at the Employee’s regular straight time hourly rate of pay. Employees are responsible for monitoring their “Kelly” hour balances and planning use of “Kelly” hours to avoid “use it or lose it” scenarios. Any hours in excess of thirty six (36) shall be scheduled by the Employee prior to October 31st of each calendar year. ARTICLE V. SENIORITY 5.1 “Seniority” as used in this Agreement shall accrue from an Employee’s seniority date which shall be the Employee’s first date of eligibility with the fully commissioned law enforcement employees bargaining unit, provided that Employees who return from layoff or period of disability, as provided in the Civil Service Rules and Regulations, shall retain the seniority held prior to the layoff or period of disability. In the event of promotion out of the bargaining unit, or demotion or reversion back into the bargaining unit, the employee will retain their original seniority held prior to leaving the bargaining unit. 5.1.1 In the event an Employee returns following a break in service, the Employee shall retain the seniority the Employee had accrued prior to the break in service. A break in service occurs when an Employee’s employment relationship ends. No seniority shall accrue while an individual is on a reemployment Civil Service list. Seniority includes time spent in any leave status, including leaves without pay. Packet Page 74 of 162 9 5.1.2 “Seniority by rank” as used in this Agreement shall accrue from the effective date of promotion to the Employee’s current rank. 5.2 The Employer shall provide the Association with a list of all current Employees of the Bargaining Unit with their respective seniority dates on July 1st of each year and shall post a copy of same on the Association bulletin board. 5.3 Preference in vacation scheduling and extra days off shall be administered in accordance with seniority as provided in Section 8.2 below. 5.4 An Employee shall lose all seniority in the event of discharge or voluntary termination. ARTICLE VI. WAGES 6.1 The classification of work and the corresponding rates of pay covered by this Agreement shall be as set forth in APPENDIX “A” which by this reference shall be incorporated herein as if set forth in full. ARTICLE VII. HOLIDAYS 7.1 The following days shall be considered holidays: New Year’s Day January 1 Martin Luther King Day Third Monday of January Washington’s Birthday Third Monday of February Memorial Day Last Monday of May Independence Day July 4 Labor Day First Monday of September Veteran’s Day November 11 Thanksgiving Day Fourth Thursday of November Friday following Thanksgiving Day Christmas Eve December 24 Christmas Day December 25 7.1.1 All Employees shall be paid for all such holidays regardless upon which day in the week the holiday shall fall. Each day consists of ten (10) hours. This pay shall be in the form of a holiday bank equal to one hundred and ten (110) hours. If any work is performed by such Employee on such holiday, additional compensation at the overtime rate shall be paid, in addition to the day off at a later date. If overtime is worked on a holiday, straight time comp time equivalent to the number of overtime hours worked will also be given in addition to applicable overtime. No Employee shall be called to work on such a holiday for less than a minimum call-out time and rate. Employees scheduled to work Monday through Friday 8 hour days, Monday through Thursday 10 hour days, or Tuesday through Friday 10 hour days shall observe holidays which fall upon a Saturday on the proceeding scheduled Friday workday and any holidays which fall upon a Sunday on the following scheduled Monday workday. If a holiday occurs during an Employee’s vacation, the Employee shall receive the holiday on a later mutually scheduled date. 7.2 Holidays shall be scheduled in accordance with the provisions of Section 4.4.1. Packet Page 75 of 162 10 7.3 On or before December 1st of each calendar year (effective in year 2006), all unused and unscheduled “Holiday” hours, up to and including eighty eight (88) hours shall be repurchased by the Employer at the Employee’s regular straight time hourly rate of pay. Employees are responsible for monitoring their “Holiday” hour balances and planning use of “Holiday” hours to avoid “use it or lose it” scenarios. Any hours in excess of eighty eight (88) shall be scheduled by the Employee prior to October 31st of each calendar year. Any scheduled but remaining unused holiday hours still in the employee’s bank on December 31 of each year shall be forfeited without any additional compensation. However, if the employer requires an employee to cancel a prescheduled holiday off during November or December, upon written approval of the Division’s Assistant Chief, the holiday may be carried over to be used within 60 days of the new calendar year. ARTICLE VIII. VACATIONS 8.1 All regular full-time Employees shall receive vacation with full pay annually in accordance with the following: YEARS OF EMPLOYMENT HOURS OF VACATION After First 6 months 48 hours Second 6 months 40 hours additional 2 through 4 years 96 hours 5 through 10 years 136 hours 11 through 19 years 176 hours 20 through 24 years 200 hours 25 years and thereafter 216 hours Note: All accrual days are based on an eight (8) hour day. 8.2 In order to make provisions for timely vacation schedules, all Employees shall bid for vacations. Preference in bidding for vacation scheduling and extra days off shall be administered in accordance with seniority, as defined in Section 5.1. Employees who request a position transfer may be subject to losing their previously bid for time. Vacation bidding for the January through December shall open on or about October 15 and close on November 15 and shall be open for thirty (30) days. Notification will be provided on or about December 1. Additionally, a “mini-bid” shall be held during the first two (2) weeks of each trimester, as per past practice. For the remainder of each work period, scheduling shall be first come first served. For the purpose of this Section, “on or about” shall mean not to exceed three (3) days. Vacation bidding after December 1 will be on a first come first server basis for the remainder of the year. 8.3 Should an Employee terminate employment, having completed no less than six (6) months employment, the Employee shall receive pro rata vacation pay. 8.4 The maximum vacation leave carry-over from one calendar year to the next shall be limited to two (2) years’ worth of accumulated leave at the Employee’s current accrual rate. An Employee who has reached the maximum accrual level may continue to accrue vacation Packet Page 76 of 162 11 until December 31st, at which time any vacation accrued in addition to the maximum carry-over will be forfeited, provided that the maximum accrual subject to cash-out upon separation shall be four hundred and thirty two (432) hours, provided further that this limitation shall not apply when the separation is caused by unanticipated events such as death, disability, illness, involuntary discharge or similar circumstances. Employees are responsible for monitoring their vacation balances and planning vacation to avoid “use it or lose it” scenarios. Where the Employee has failed to appropriately manage their vacation balances, the Employer need not incur overtime to avoid forfeiture. 8.5 In the event scheduling in Superior Court necessitates the appearance of an Employee during the Employee’s previously scheduled vacation time that Employee shall be offered the opportunity of rescheduling vacation at a time mutually convenient to the Employee and the Employer as determined by the Chief of Police. Once vacation has been approved and the affected Employee has incurred non-refundable or unusable expenses in planning for the same, the Employee shall be reimbursed by the City for those expenses. Upon request, the Employee shall assign any tickets or other benefits to the City for which reimbursement is made. Any Employee called back to duty for any reason once the vacation has begun shall be reimbursed for round trip transportation costs involved in returning for duty. Reimbursement for travel shall be made on the same basis as the original mode of transportation. If applicable, mileage shall be paid at the approved IRS rate. For the purposes of this Section “vacation” shall include leave of absence, bereavement leave or compensatory time off, including regularly scheduled days off, immediately preceding or following any of the aforementioned time off. ARTICLE IX. LEAVES 9.1 Sick Leave – All LEOFF II Employees shall receive sick leave accruals under Section 9.1.6, including a one thousand (1,000) hour maximum accrual, accrued at the rate of eight (8) hours per month. Effective May 1, 2005 Employees accrual rate will increase to nine (9) hours per month. Sick leave accrued but not taken from one (1) hour to four hundred (400) hours shall be converted to pay at the Employee’s regular rate of pay in effect at the date of termination and on the basis of the following schedule: With two (2) week notice - Honorable voluntary quit - 25% of hours accrued. Termination by City layoff - 25% of hours accrued. Termination for Retirement - 50% of hours accrued. Sick leave accrued but not taken from four hundred one (401) hours to eight hundred (800) hours shall be converted to pay, upon honorable termination of any nature, for fifty percent (50%) of hours accrued at the Employee’s regular rate of pay in effect at the date of termination. At the Employee’s option, sick leave accrued but not taken from four hundred one (401) hours to eight hundred (800) hours may be converted to vacation time, on the basis of one (1) hour for every two (2) hours accrued or fifty percent (50%), to be used prior to the Employee’s termination date. Hours accrued from eight hundred one (801) hours to one thousand (1,000) hours are not eligible for compensation or conversion. After the employee exceeds 900 hours they have the ability to convert the hours (back to a minimum of 900 hours) at a ratio of one (1) hour for every two (2) hours accrued or fifty percent (50%). The maximum sick hours an employee can sell back is 48 hours, which will convert to 24 hours of vacation. The reversion will occur at the second Packet Page 77 of 162 12 paycheck in January. The converted hours will be added to the employee’s vacation bank. For example an employee at 1000 hours could sell back 48 hours and place 24 hours into their vacation bank. Employees who terminate based on a disability may elect to either receive one hundred percent (100%) of the unused sick leave balance or remain in a pay status until the sick leave is exhausted. For the purposes of this section 9.1, retirement, in addition to it’s usual meaning, shall include those employees with twenty (20) or more years service credit within the LEOFF II system who choose to end employment with the City on a voluntary, honorable basis, even though the Employee has not yet attained regular retirement age, as defined by LEOFF. 9.1.1 Accrued sick leave may be used only for: (a) The Employee’s own illness, injury or disability (including disability due to pregnancy or childbirth); (b) The need to care for a child under eighteen (18) years of age (or an adult child incapable of self care) with a health condition requiring treatment or supervision; (c) The need to care for the Employee’s spouse or domestic partner, parent, parent in- law or grandparent with a serious health condition or emergency condition; (d) Medical or dental appointments for the Employee or a dependent child, provided that unless otherwise approved, Employees must use a minimum of one (1) hour of sick leave for any such appointments and further provided that Employees must make reasonable efforts to schedule such appointments at times when they will not interfere with scheduled work days and; (e) Other circumstances if authorized by the Chief of Police At their election, Employees may use other accrued paid leave in place of or in addition to sick leave for any of the purposes described above. 9.1.2 Item (e) shall be subject to prior approval of the Chief of Police and shall be granted for the period of time required to meet the emergent situation considering all the circumstances such as distances involved, degree or kinship, etc. 9.1.3 The certificate of a doctor and/or written report concerning the need for the sick leave may be required by the Employer when an Employee is absent for a period in excess of four (4) days or based upon an individualized suspicion of sick leave abuse and, if so required, shall be supplied by the Employee in order to qualify for sick leave with pay. 9.1.4 Sick leave may be used for medical, dental, or ocular appointments, when absence during working hours for this purpose is authorized in advance by the Department Head, provided that the Employee must make a reasonable effort to schedule such appointments at times which have the least interference with the workday. In any instance involving use of a fraction of a day’s sick leave, the minimum charge to the Employee’s sick leave account shall be one (1) hour. 9.1.5 In the event of death of the Employee, payment for all unused sick leave up to eight hundred (800) hours shall be made to the surviving spouse or domestic partner or to the Packet Page 78 of 162 13 employee’s estate if there is no spouse, at the Employee’s regular straight time hourly rate of pay. 9.1.6 All Employees hired will accrue sick leave at the rate of nine (9) hours per month commencing with the date of hire. In the event of significant job related injury or illness to the Employee which is approved as a claim by Washington State Labor and Industries (L & I), the Employee may at the Employee’s option be placed on sick leave, and accrued sick leave (or if insufficient sick leave, then other paid leave) shall be utilized. In turn, the Employee shall sign over all payments received from L & I that relate to time loss from the Employer. The Employer will provide a sick leave supplement / “buy-back” for the affected Employee pursuant to RCW Title 41 LEOFF Supplement and pursuant to the buy-back worksheet incorporated herein as Appendix D. 9.2 Jury Leave – Necessary leave shall be allowed by the Employer to permit any Employee to report for jury duty or to serve as a member of a jury. The Employee shall receive from the Employer as compensation during this leave period regular salary. The Employee shall sign over to the Employer compensation received from the Courts for jury duty and remain on full paid status. 9.3 Bereavement Leave – In the event of a death in the “immediate family” of an Employee, the department head shall upon request grant the Employee bereavement leave with pay. The maximum number of workdays granted shall be three (3); provided however, in the event of unusual circumstances or if travel is required to attend a funeral, additional time not to exceed three (3) days may be granted. Such additional leave shall be deducted from the Employee’s sick leave account. The term “immediate family” shall include: o Spouse or domestic partner and children, including step children of the Employee; o Mother, Father, Brother, Sister of the Employee or spouse; o Grandparents of the Employee or spouse; o Grandchildren 9.4 Leaves of Absence – If approved by the Employer, non-probationary (permanent) Employees may take up to six (6) months leave of absence without pay. Such leaves shall not constitute a break in service but no benefits shall accrue during the leave of absence. See guidance in section 5.1 regarding Break in Service and Seniority. 9.5 Sick Leave Incentive Bonus – Unless otherwise specified in the labor agreement, Employees who maintain a good attendance record shall be eligible for the following Sick Leave Incentive Plan. Days of Sick Leave Used during the Year Hours of Vacation Leave Earned 0 24 1 16 2 8 3 or more 0 This Sick Leave Incentive Plan excludes sick leave used for on duty injury involving an approved L & I claim against the City or leave taken pursuant to Family Medical Leave Act (FMLA). The hours earned and used will be pro-rated to the nearest full hour. For the purposes of this section, day is defined as a work day under the Employee’s present work schedule. Packet Page 79 of 162 14 9.6 Light-Duty – In the event a LEOFF II Employee suffers an illness or injury that prevents the Employee from performing their full range of duties for a period in excess of two (2) weeks, light-duty shall be assigned as authorized by the treating doctor pursuant to the terms outlined in Article 9.6.3. 9.6.1 Work Assignments – Light-duty status shall include work assignments within the Police Department that the Employee is released to perform by the Employee’s treating doctor until a full release for return to work is authorized. 9.6.2 Rate of Pay/Required Duty – Employees assigned light-duty status shall be paid at one hundred percent (100%) of their normal rate of pay. Employees shall work a forty (40) hour workweek schedule as determined by the Employer. Employees may work less than 40 hours per week (including partial days) if so ordered by the treating doctor. A forty (40) hour or less schedule includes changes to benefit calculations such as Kelly Hours. 9.6.3 Requested Duty – A LEOFF II Employee with a favorable prognosis for return to full duty by the treating doctor will be assigned light-duty for a maximum period of three hundred thirty six (336) hours unless the Employee is earlier able to resume a full range of duties. The three hundred thirty six (336) hour period includes both full days and partial days on a prorated basis when required by the treating doctor. Such period may be extended upon mutual written agreement of the Employer and the Association on behalf of the Employee when the medical prognosis of the Employee being able to return to full Employment within a reasonable period of time is received by the Employer. 9.6.4 Medical Reinstatement List & Effective Life of List - Names on Civil Service Commission’s (CSC) Medical Reinstatement List for a class of Employee shall be in order of separation to be established by the Commission. Names of Employees on the Medical Reinstatement List shall be carried two (2) years from the Employees last date of employment. ARTICLE X. INSURANCE 10.1 Coverage – The Employer shall make available to eligible regular full time Employees and their eligible spouses and dependents, an insurance program that includes medical, dental, vision insurance and employee assistance plan (EAP) benefit. For the purposes of this article, spouse also includes “registered domestic partner” as defined under Washington state law. This insurance program includes the following: Medical Insurance - Employees may choose between the following medical plans; Association of Washington Cities (“AWC”) Health First or AWC Group Health Plan. Effective January 1, 2013 the Employee will choose between United Health Care PPO or the AWC $10 Co-pay Group Health plan. Dental Insurance - Dental insurance is provided through the AWC Washington Dental Service Plan F with Option III (Orthodontia). Vision Insurance - Vision insurance is provided through AWC Vision Service Plan ($10.00 deductible). EAP Plan - The Employee Assistance Program is provided through AWC. 10.2 The Employer shall pay the costs necessary to provide health, vision, life, dental and disability insurance plans specified in this agreement for all employees in the bargaining unit. The selection of a different/new provider shall be at the sole discretion of the Employer, provided that the benefit levels shall be substantially the same as those benefit levels in effect as of the signing of this agreement. In the event that the Employer Packet Page 80 of 162 15 receives notice of the termination of any plan specified in this agreement, the Employer will promptly notify the Association and the parties shall commence negotiation regarding replacement coverage and cost. 10.3 The Employer shall pay one hundred percent (100%) of those premiums necessary to maintain the existing level of hospital and medical care, dental care, orthodontic care, vision care, life and disability insurance coverage for each Employee. The Employer shall pay ninety percent (90%) of those premiums necessary to maintain the existing level of hospital, medical care, dental care, and orthodontic care insurance coverage for each Employee’s Dependents. 10.3.1 The Employer shall pay ninety percent (90%) of those premiums necessary to maintain the existing level of vision care insurance coverage for each Employee who requires Dependent coverage. 10.4 Liability – The Employer shall pay one hundred percent (100%) of those premiums necessary to provide liability insurance for each Employee. The Employer shall provide legal counsel or reasonable attorney’s fees for representation and defense of lawsuits and to hold Employees harmless from any expenses connected with the defense, settlement or monetary judgments from such actions, claims, or proceedings arising out of or incident to acts and/or omissions occurring while the Employee was acting in good faith in the performance or purported failure of performance of official duties or employment and provided further that the Employee was not engaging in criminal or malicious misconduct. A criminal conviction shall be deemed conclusive but not exclusive proof of criminal misconduct for the purposes of this section. If the City elects to pay reasonable attorney’s fees hereunder, no claim for such payment may be made by an Employee prior to the conclusion of a criminal lawsuit. 10.5 If it is permissible under the Employer provided hospital and medical care insurance plan, Employees shall have the option to divert Dependent coverage applicable to that Employee to the Employee’s own private health plan. ARTICLE XI. UNIFORMS AND EQUIPMENT 11.1 The Employer shall provide the following uniform items to new Employees and replace any of the following uniform items of any Employee which in the reasonable opinion of the Employer require replacement, subject to the language of Section 11.3: Name Tags 2 Shirts; long sleeve 3 Shirts; short sleeve 3 Trousers 3 pair Trousers Belt 1 Hat 1 Baseball Cap 1 (provided upon employee’s request) Knit Watch Cap 1 (provided upon employee’s request) Turtlenecks 2 (provided upon employee’s request) Ties 2 Tie Bar 1 Buttons 3 sets Packet Page 81 of 162 16 Department Insignia 2 pair Shoulder Patches 7 pair Badges 2 (1 hat, 1 uniform) Shoes or boots 1 pair Collapsible or Wooden Baton with Holder 1 (designated by Employer) Gortex Jacket 1 Gortex Pants 1 Additional items for K-9 officers: Jumpsuit 3 Boots 2 pair Cap 1 Insulated vest (K-9 only) 1 Additional items for motorcycle officers: Helmet 2 Boots 2 pair consisting of one pair leather boots and one pair all-weather boots Leather Jacket 1 Rain Suit (Jacket, pants, boots) 1 Cap 1 Breeches 3 Insulated Pants 1 Scarves (Blue or White) 2 Gloves (light and medium weight) 1 pair each Safety Glasses (dark and clear) 1 pair each Jumpsuit 1 Ear Plugs 1 Additional items for Street Crimes officers: Subdued uniform items consisting of Pants 2 pair Shirts 3 Jacket 1 Chain badge holder 1 11.2 The Employer shall provide each “Detective and Administrative assigned Employee” a clothing allowance in the amount of seven hundred dollars ($700.00) per calendar year. This amount shall cover the purchase of clothing. Employees who are initially assigned to plain clothes duty during the year shall be paid the full annual amount at the start of the assignment. An Employee receiving the full annual amount “up-front” will not be eligible to receive any further clothing allowance until completion of the first year of assignment. If an employee elects to leave the assignment within the first year the employee shall repay the clothing allowance on a pro rata basis at the time of reassignment. Professional/Plain clothes Employees are subject to the provisions of Section 11.2.1, 11.5 and 11.6 below. 11.2.1 In an effort to clarify garments covered by this Section, only items used during employment will be covered. Dry Cleaning/Laundry Service will be provided based on a weekly average as follows: e.g. o Four (4) items Dry Cleaned or, o Two (2) items Dry Cleaned and four (4) items Laundered. Packet Page 82 of 162 17 11.3 Employees shall be furnished the required weapon, handcuffs, leather goods and other equipment authorized and required. Employees may choose to furnish their own weapon provided it meets the requirements of the Department and the Employer has no responsibility for replacement or repairs in the event of loss or damage. 11.4 The Employer shall provide contract dry cleaning service at no cost to Employees for the cleaning care and maintenance of uniform items listed above. Each uniformed Employee shall be allowed to have two sets of shirts and trousers cleaned per work period. Additional cleaning and maintenance for uniform items shall be as authorized by the Employer. 11.4.1 Employee’s assigned to plain clothes assignments that receive clothing allowances under Section 11.2 may have uniforms (not to exceed two sets per work period) cleaned following City sponsored/assigned details that required the use of a uniform. 11.5 The Employee shall be held accountable for all uniform items and all other equipment so assigned to the Employee by the Employer. Loss or destruction of items of clothing or protective devices shall be replaced by the Employer where said loss was incurred as direct result of the performance of the Employee while on the job, or as the result of an occurrence not due to the Employee’s wrongful act or willful negligence. Any uniform items or equipment assigned to an Employee which is lost or mutilated or requires replacement as a direct result of the Employee’s wrongful act or willful negligence shall be replaced at the Employee’s expense from a supplier designated by the Employer. 11.6 All uniform items and equipment issued by the Employer to each Employee shall be the property of the Employer. 11.7 No clothing allowance that remains in effect shall accrue during any period in excess of thirty (30) days in which the Employee is on approved disability, and if previously paid it shall be refunded by the Employee through payroll deduction on a pro rata basis. ARTICLE XII. MISCELLANEOUS 12.1 Required Training – Required training done on a regular duty day shall be done on a basis of shift adjustment whenever possible. Off-duty required training shall be paid with compensatory time-off at the time and one-half (1.5) rate, subject to Article IV. 12.1.1 Non-Required Training – Shall be allowed at the sole discretion of the Employer. Any time accrued in furtherance of non-required training shall be paid at the straight-time hourly rate of pay, but with the concurrence of both the Employer and Employee, it may be accrued at the hourly rate with compensatory time-off on an hour-for-hour basis, subject to Article IV. 12.1.2 Training While On-Duty - If scheduled training occurs while on duty and consists of eight (8) hours or more; the hours of training shall constitute an entire workday, regardless of the Employee’s hours of duty. While attending training on duty and the hours of instruction are less than eight (8) hours due to circumstances such as the instructor releasing the class early from training, the Packet Page 83 of 162 18 Employee has the option of returning to work or using leave time of their choice to fulfill their training obligations. Scenarios: o Employee attends training that is scheduled for eight (8) hours or more. The training ends early, possibly in seven (7) hours. He Employee must use “leave time” of their choice to complete an eight (8) hour period. o An Employee attends training that is scheduled for less than eight (8) hours. The Employee shall return to duty to complete their obligation to their obligated shift hours of duty. 12.2 Bill of Rights – Employees covered by this Agreement shall be entitled to those Rights specified in the attached Officers Bill of Rights, APPENDIX “B”, which by this reference is incorporated herein as if set forth in full. 12.3 Management Rights – The Association recognizes the prerogative of the Employer to operate and manage its affairs in all respects in accordance with its responsibilities and the powers and authority which the Employer possesses. 12.3.1 The Association recognizes the exclusive right of the Employer to establish reasonable work rules. Provided, that nothing in this Section shall be construed as a waiver of any Rights the Association may have pursuant to RCW 41.56. 12.3.2 The Employer has the Right to schedule overtime work as required in a manner most advantageous to the Employer and consistent with the requirements of municipal employment and the public interest and to require pre-approval for any overtime worked when possible. 12.3.3 Every incidental duty connected with operations enumerated in job descriptions is not always specifically described. Nevertheless, it is intended that all such duties shall be performed by the Employee. 12.3.4 The Employer reserves the Right to discipline or discharge for cause. The Employer reserves the Right to lay-off for lack of work or funds or the occurrence of conditions beyond the control of the Employer or where such continuation of work would be wasteful and unproductive. The Employer shall have the Right to determine reasonable schedules of work, work standards and to establish the methods and processes by which such work is performed. 12.3.5 The Employer retains the Right to determine which work assignments may be assigned take home vehicles except as currently being allowed which are K-9, SRO and Motorcycle Employees. The use of a take home vehicle may be discontinued for good cause. No take home vehicle will be assigned to any Employee who resides or subsequently moves beyond a radius of twenty (20) miles from the nearest City limits. All fees or tolls (ferry, parking etc.) associated with a take home vehicle, other than approved business expenses are the responsibility of the Employee. Motorcycles that are allowed to be taken home shall be secured inside an adequate structure at the Employees residence. Packet Page 84 of 162 19 12.3.6 Definitions – “Days” when used in this contract shall refer to “calendar days” unless otherwise specified. ARTICLE XIII. NO STRIKE PROVISION 13.1 Nothing contained in this Agreement shall permit or be construed to grant any Employee or group of Employees the Right to strike or refuse to perform their prescribed duties. 13.2 During the life of this Agreement there shall be no strikes or refusal to perform official duties and there shall be no lockout. ARTICLE XIV. DISCHARGE OR SUSPENSION 14.1 Generally – The tenure of Employees covered by this Agreement shall be only during good behavior and any such person may be removed or discharged, suspended without pay, demoted or reduced in rank or deprived of vacation privileges or other special privileges for cause. 14.2 Physical Fitness – The Employer and the Association agree that satisfactory performance of Police Department duties requires that Employees maintain physical fitness. Each Employee shall maintain a level of physical fitness to adequately perform the essential functions of their job. ARTICLE XV. GRIEVANCE PROCEDURE 15.1 A Grievance shall be defined as an issue relating to the interpretation, application or violation of any terms or provisions of this Agreement. An Employee may either “Grieve” discipline or “Appeal” said discipline to the Civil Service Commission (CSC), provided that a Grievance shall not be processed if any Employee has previously filed a Civil Service Appeal over the same matter and provided further, that the subsequent filing of a Civil Service Appeal shall operate to withdraw a Grievance, previously filed over the same matter. 15.1.1 When an Employee has a Grievance it shall immediately be brought to the attention of the immediate Supervisor and the Employee and Supervisor shall attempt to settle the Grievance. If the Grievance cannot be settled, the Employee shall state the Grievance in writing and present it to the Supervisor in accordance with the procedure set forth below. 15.1.2 An Employee and/or the Association may bring a Grievance at the appropriate step : o within thirty (30) days of the occurrence of an alleged Violation, or o within thirty (30) days, of when the Employee and/or Association, by reasonable diligence, should have known of the occurrence of said Violation, provided that no remedy may be applied retroactively more than sixty (60) days prior to the actual filing of the Grievance. 15.1.3 The immediate Supervisor shall make every effort to resolve the Grievance: Packet Page 85 of 162 20 o within twenty (20) days. Failure of the immediate Supervisor to resolve the Grievance: o within the twenty (20) day period, shall permit the Employee and/or Association the Right to submit a written demand: o within twenty (20) days, of the Supervisor’s answer for resolution of the alleged Violation to the Chief of Police or designee. The Chief or designee shall either schedule a meeting with the Association to discuss the Grievance or respond to the Grievance: o within twenty (20) days. If a meeting is scheduled, the Chief or designee shall be granted: o an additional twenty (20) days, from the date of the meeting to respond. 15.1.4 Failure of the Chief of Police to resolve the Grievance (involving only issues that have a monetary penalty proposed), within the time lines outlined in Section 15.1.3, shall permit the Employee and/or Association the Right to submit a written demand: o within twenty (20) days, of the Chief’s answer for resolution of the alleged Violation to the Mayor or designee. The Mayor or designee shall either schedule a meeting with the Association to discuss the Grievance or respond to the Grievance: o within twenty (20) days. If a meeting is scheduled, the Mayor or designee shall be granted: o an additional twenty (20) days, from the date of the meeting to respond. 15.1.5 If the Association is not satisfied with the City’s response, it may submit a demand for Arbitration to the Employer in writing within thirty (30) days. 15.1.6 The Employer and the Association shall immediately thereafter select an Arbitrator to hear the dispute. If the Employer and the Association are not able to agree upon an Arbitrator within ten (10) days, after receipt by the Employer of the written demand for arbitration, the Association may request a list of seven (7) Arbitrators from the Federal Mediation and Conciliation Service. After receipt of same, the parties shall alternately strike the names of the Arbitrators until only one name remains who shall, upon hearing the dispute, render a decision which shall be final and binding upon all parties. The party to strike first shall be determined by a flip of a coin. 15.2 Nothing herein shall prevent an Employee from seeking assistance from the Association or the Association from furnishing such assistance at any stage of the Grievance procedure. 15.3 The expenses of the Arbitrator and the cost of any Hearing Room shall be borne equally by the parties. In all instances, attorney’s fees shall be the responsibility of each individual party. Packet Page 86 of 162 21 15.4 If either party fails to take the action required within the times provided herein, the party failing to act shall forfeit its Right to further protest the Grievance, denial of the Grievance or interim recommended solution provided that the time frames enumerated herein may be extended with the mutual written agreement of the parties. 15.5 Matters within the Jurisdiction of the Civil Service Commission (CSC) shall not be subject to this Grievance procedure unless they are covered by the specific terms and conditions of this Agreement, provided nothing herein constitutes a waiver of the Association’s Right to bargain pursuant to RCW 41.56. 15.5.1 By mutual agreement between the Association representative and the Mayor’s Office or when that step is the lowest level at which a matter may be resolved, an Employee or the Association may initiate a Grievance at the Chief’s level. ARTICLE XVI. SAVINGS CLAUSE 16.1 All provisions of this Agreement shall be complied with unless any of such provisions shall be declared invalid or inoperative by a court of competent jurisdiction. In such event either party may request re-negotiations of such invalid provisions for the purpose of adequate and lawful replacement thereof, provided however, that such finding shall have no effect whatsoever on the balance of this Agreement. ARTICLE XVII. DURATION 17.1 This Agreement shall be effective January 1, 2012, and shall remain in full force through December 31, 2013. ARTICLE XVIII. ENTIRE AGREEMENT 18.1 The parties agree that each has had full and unrestricted Right and opportunity to make, advance, and discuss all matters properly within the province of collective bargaining. The above and foregoing Agreement constitutes the full and complete Agreement of the parties and there are no others, oral or written, except as contained herein. Each party for the term of this Agreement specifically waives the Right to demand or to petition for changes herein or additions hereto. ARTICLE XIX. PROBATIONARY PERIODS 19.1 Probationary periods upon initial appointment shall not exceed one (1) year beyond graduation from the Basic Law Enforcement Academy except as provided in Section 10.5 of the Civil Service Rules and Regulations. Probationary periods for Lateral Hires and those receiving Promotions shall not exceed one (1) year except as provided in Section 10.5 of the Civil Service Commission Rules and Regulations. Any probationary period shall be extended automatically for the number of work days equal to the number of work days an Employee was absent in excess of ten (10) work days during the probationary period. In the event that the Employer requests the Civil Service Commission to extend an Employee’s probation period, the Association will receive a copy of the notification provided to the Employee of said action. Packet Page 87 of 162 22 CITY OF EDMONDS, WASHINGTON EDMONDS POLICE OFFICERS ASSOCIATION BY: ____________________________ BY: _______________________________ DATE: __________________________ DATE: _____________________________ ATTEST BY: ____________________________ City Clerk DATE: __________________________ Packet Page 88 of 162 23 APPENDIX “A” to the AGREEMENT by and between CITY OF EDMONDS, WASHINGTON and the EDMONDS POLICE OFFICERS’ ASSOCIATION (Representing the Law Enforcement Commissioned Employees) THIS APPENDIX is supplemental to the AGREEMENT by and between the, CITY OF EDMONDS, WASHINGTON, hereinafter referred to as the Employer, and the EDMONDS POLICE OFFICERS’ ASSOCIATION, hereinafter referred to as the Association. A.1 Effective January 1, 2012, the wage scale shall be increased across-the-board by 1.5%. The position of Corporal will be paid at a step fixed at seven and one half percent (7.5%) above First Class Police Officer. The position of Sergeant will be paid at a step fixed at fifteen percent (15%) above First Class Police Officer. Probationary Corporal and Sergeant will be paid 2.5% below top step. A.1.1 All Employees shall participate in Employer’s payroll “direct deposit” program. PAY GRADE CLASSIFICATION MONTHLY RATES OF PAY STEP A II 00 – 06 Months STEP B III 07 Months + NE 9 SECOND CLASS POLICE OFFICER $4,693 $4,862 STEP A II STEP B III STEP C IV STEP D V STEP E VI NE 11 FIRST CLASS POLICE OFFICER $5,288 $5,463 $5,688 $5,966 $6,267 STEP A I STEP B II NE 12 POLICE CORPORAL $6,568 $6,737 STEP A I STEP B II NE 13 POLICE SERGEANT $7,026 $7,206 Packet Page 89 of 162 24 A.1.1 Effective January 1, 2013, the wage scale shall be increased across-the-board by 2.0%. A.2 Longevity Pay – An Employee shall receive in addition to their monthly rate of pay set forth within Section A.1, monthly Longevity Pay in accordance with the following. SENIORITY MONTHLY LONGEVITY PAY After 5 years 2% of Employee’s monthly rate of pay After 10 years 4% of Employee’s monthly rate of pay After 15 years 6% of Employee’s monthly rate of pay A.3 Physical Fitness Pay – Any Second Class Police Officer who has completed the twelve (12) month probation period, and any other Employee who fulfills the Physical Fitness Standards set forth within APPENDIX “C” shall receive in addition to their monthly rate of pay set forth within Section A.1, as further amended by Section A.12 and all subsequent wage increases, a monthly Physical Fitness Pay equal to one and one-half percent (1.5%) of the above referenced monthly rate of pay, provided the Chief of Police has discretion to waive the testing requirements as he deems appropriate. With the exception of injuries incurred while on-duty, any Officer who is unable to participate in the annual Physical Fitness testing process for medical reasons exceeding ninety (90) days duration beyond the last scheduled primary testing date will be deemed ineligible to collect the Physical Fitness Pay for the next calendar year. Each Employee injured while on duty is entitled to one year’s compensation per individual injury with a doctor’s written waiver. A.4 Education Pay – Any First Class Police Officer or Employee of a higher classification shall receive in addition to their monthly rate of pay set forth within Section A.1, as further amended by Section A.12 and all subsequent wage increases, monthly Education Pay in accordance with the following: JOB RELATED COLLEGE CREDITS MONTHLY EDUCATION PAY AA degree or 90 credits 2% of Employee’s monthly rate of pay 135 credits 4% of Employee’s monthly rate of pay BA degree 6% of Employee’s monthly rate of pay A.4.1 Job related college credits shall mean all credits accepted by a nationally accredited college or university. A.5 Detective Assignment – Each Detective position, with the exception of the Narcotics Sergeant (which is governed by a Inter local agreement), shall be on a five (5) year rotation, except that the Chief of Police may extend any assignment, for up to six (6) months, for good cause and based on department need. Commencing January 1, 2005, the Chief of Police may designate one (1) Detective position for every two (2) assigned Detective positions, excluding Detective Sergeants and the Narcotics Detective, as having an “indeterminate rotation” period to provide for a core of experienced Detectives in assignments such as Crimes Against Persons, Sexual Assault, Intelligence and/or Computer crimes. After a minimum of five (5) years, the incumbents in the designated positions will be reviewed annually for extension based on overall performance and department need criteria. The designated positions are not considered permanent assignments and are subject to rotation at the discretion of the Chief of Police at the end of each annual review. In the absence of extenuating circumstances, or promotion, candidates will be expected to serve a minimum of three (3) years in the assignment before voluntarily leaving. At the conclusion of any full five (5) year Packet Page 90 of 162 25 rotation cycle, the currently assigned Detective may re-apply for the position, with the understanding that they will receive no special preference in the selection process. The Chief of Police will make all Detective selections based upon the Employees applying for the position and their attributes. The term attributes is to include consideration of the career development needs of the individual and the organization. All Detective positions shall be, at the origination and termination, for just cause. Termination for just cause may occur at any time during the assignment. If the currently assigned Detective in a five (5) year rotation position is selected, that person will have a two (2) year full rotation cycle. An Employee who is regularly assigned duties as a Detective shall receive a four percent (4.0%) pay incentive while so acting in such capacity. However, in recognition of the use of an assigned Employer or governmental vehicle, any Detective assigned to the South Snohomish County Narcotics Task Force or to the Joint Terrorism Task Force shall receive a three percent (3%) pay incentive. A.6 Motorcycle Assignment – Each Motorcycle position shall be on a five (5) year rotation, except that the Chief of Police may extend any assignment, for up to six (6) months, for good cause and based on department need. Commencing January 1, 2005 the Chief of Police may designate a maximum of one (1) Motorcycle position for every two (2) assigned Motorcycle positions to be classified as having an “indeterminate rotation” period to provide for a Criminal Justice Training Commission (CJTC) certified or sanctioned Motorcycle Instructor and/or Collision Reconstructionist. After a minimum of five (5) years, the incumbent in the designated position will be reviewed annually for extension based on overall performance and department need criteria. The designated position is not considered a permanent assignment and is subject to rotation at the discretion of the Chief of Police at the end of each annual review. In the absence of extenuating circumstances, or promotion, candidates will be expected to serve a minimum of three (3) years in the assignment before voluntarily leaving. At the conclusion of any full five (5) year rotation cycle, the currently assigned Motorcycle Officer may re-apply for the position, with the understanding that they will receive no special preference in the selection process. The Chief of Police will make the selection based upon the Employees applying for the position and their attributes. The term attributes is to include consideration of the career development needs of the individual and the organization. All Motorcycle positions shall be, at the origination and termination, for just cause. Termination for just cause may occur at any time during the assignment. If the currently assigned Motorcycle Officer in a five (5) year rotation position is selected, that person will have a two (2) year full rotation cycle. An Employee who is regularly assigned Motorcycle duties shall receive a three percent (3.0%) pay incentive while so acting in such capacity. An Employee that is trained to the level of Collision Reconstructionist will be considered a Traffic Detective. A.6.1 Traffic Officer Car Assignment Each Traffic Officer assigned to a car position shall be on a five (5) year rotation, except that the Chief of Police may extend any assignment, for up to six (6) months, for good cause and based on the department need. Commencing January 1, 2006, the Chief of Police may designate a maximum of one (1) Traffic Officer position to be classified as having an “indeterminate rotation” Packet Page 91 of 162 26 period to provide for a Collision Reconstructionist or Drug Recognition Expert (DRE). After a minimum of five (5) years, the incumbent in the designated position will be reviewed annually for extension based on overall performance and department need criteria. The designated position is not considered a permanent assignment and is subject to rotation at the discretion of the Chief of Police or designee at the end of each annual review. At the conclusion of any full five (5) year rotation cycle, the currently assigned Traffic Officer may re-apply for the position, with the understanding that they will receive no special preference in the selection process. The Chief of Police will make the selection based upon the Employees applying for the position and their attributes. The term attributes is to include consideration of the career development needs of the individual and the organization. All Traffic Officer positions shall be, at the origination and termination, for just cause. Termination for just cause may occur at any time during the assignment. If the currently assigned Traffic Officer in a five (5) year rotation position is selected, that person will have a two (2) year full rotation cycle. An Employee who is regularly assigned Traffic Officer duties shall receive a three percent (3%) pay incentive while so acting in such capacity. An Employee that is trained to the level of Collision Reconstructionist will be considered a Traffic Detective. A.7 K-9 Officer Assignment - Each K-9 Officer position shall be on a five (5) year rotation, except that the Chief of Police may extend any assignment to include the length of the dogs working life, or for up to six (6) months for other good cause and based on department need. In the absence of extenuating circumstances, or promotion, candidates will be expected to serve a minimum of three (3) years in the assignment before voluntarily leaving. At the conclusion of any full rotation cycle, the currently assigned K-9 Officer may re-apply for the position, with the understanding that they will receive no special preference in the selection process. The Chief of Police will make the selection based upon the Employees applying for the position and their attributes. The term attributes is to include consideration of the career development needs of the individual and the organization. The K-9 Officer position shall be, at the origination and termination, for just cause. Termination for just cause may occur at any time during the assignment. An Employee who is regularly assigned K-9 Officer duties shall receive a three percent (3.0%) pay incentive while so acting in such capacity. The K-9 Officer shall also receive fifteen (15) hours compensatory time per calendar month, at straight time, while so acting in such capacity. A.7.1 Any Employee who is regularly assigned as a o Professional Standards Sergeant Assignment o Administrative Sergeant Assignment o Training Corporal Assignment shall receive a four percent (4.0%) pay incentive while acting in such capacity. The above noted positions shall be on a five (5) year rotation cycle under the same terms as noted in A.5 pertaining to five (5) year rotational positions only. Any Employee who is regularly assigned as a Packet Page 92 of 162 27 Street Crimes Sergeant or Street Crimes Officer Assignment shall receive a four percent (4.0%) pay incentive while acting in such capacity.) A.7.2 Special Operations Sergeant – A Special Operations Sergeant (Spec Ops Sgt) will be assigned as a uniform position, in Field Services Division, shall be on a five (5) year rotation, except that the Chief of Police may extend any assignment, for up to six (6) months, for good cause and based on the department need. At the conclusion of any full five (5) year rotation cycle, the currently assigned Special Operations Sergeant may re-apply for the position with the understanding that they will receive no special preference in the selection process. The Chief of Police will make the selection based upon the Employees applying for the position and their attributes. The term attributes is to include consideration of the career development needs of the individual and the organization. All Special Operations Sergeant positions shall be, at the origination and termination, for just cause. Termination for just cause may occur at any time during the assignment. If the currently assigned Special Operations Sergeant in a five (5) year rotation position is selected, that person will have a two (2) year full rotation cycle. An Employee who is regularly assigned Special Operations Sergeant duties shall receive a three percent (3%) pay incentive while so acting in such capacity. An Employee that is trained to the level of Collision Reconstructionist will be considered a Traffic Detective Sergeant. NOTE regarding specialty assignment incentive pay: The parties agree that specialty positions receiving a 3% incentive under this agreement are positions that are either on 12 hour shifts OR have assigned vehicles. Those positions receiving a 4% incentive are positions that are on a 40 hour work week and do not have assigned vehicles. A.7.3 For the purposes of term of assignment for personnel assigned to specialty positions herein and who are receiving incentive pay for such assignment, the parties agree that when an incumbent is the sole applicant for the same assignment upon completion of either a five year term of service, or an additional two year term of service, the new rotation cycle will be for a five year period, subject to reappointment by the Chief of Police. A.8 Pay Step Advancement – Advancement to the next higher pay Step shall be made after an Employee has been paid at a given pay Step for the period of time designated in Section A.1. If the completion of such period of time occurs at other than the beginning of a semi-monthly pay period, the advancement to the next pay Step shall become effective at the beginning of a semi-monthly pay period. A.9 Promotional Reclassification – An Employee promoted from one classification to another shall be placed into the lowest pay Step of the higher classification which still provides for a monthly minimum rate of pay, five percent (5%) higher than that currently being received by the promoted Employee. Packet Page 93 of 162 28 A.10 Demotion Reclassification – An Employee demoted from one classification to another shall be placed into the pay Step affording the same number of months service time that the Employee had prior to the demotion to the lower classification. A.11 Classification of Patrol Officers – Newly employed Officers without prior significant experience shall be classified as Second Class Patrol Officers in Pay Grade NE9. After one (1) year of employment Officers shall be qualified to advance to First Class Patrol Officer in Pay Grade NE11. Advancements are subject to Civil Service Commission Rules and Regulations. Laterals will be hired at NE11 Step C/IV and will receive a Step increase at the completion of probation. A.12 The rates of pay set forth within Section A.1 provide for the maximum time an Employee shall be employed in any one particular pay Step. The Employer shall have the right to place a New Hire Employee in any pay Step set forth within Section A.1, in which event, advancement of said Employee to each of the next higher pay Steps shall be automatic upon completion of six (6) months in pay Step 1 and/or twelve (12) months in each higher pay Step except as noted in Section A.10. A.13 Out of Class Pay – First Class Officers working Out of Classification shall be paid at the Corporals rate of pay. A.14 Compensation of FTOs – Certified Field Training Officers when actually performing as an FTO in the training of entry level or lateral entry police officers in a formal field training program shall be compensated at the rate of one hour of straight time compensatory time per shift of training. No compensation shall be paid when not actually engaged in training of new officers. A.15 Deferred Compensation - Starting November 1, 2012 the City will contribute 1.5% of the employees’ base wage into a deferred compensation plan of the employees’ choice. The employee will choose one of the three plans currently offered by the City. Packet Page 94 of 162 29 APPENDIX “B” to the AGREEMENT by and between CITY OF EDMONDS, WASHINGTON and the EDMONDS POLICE OFFICERS’ ASSOCIATION (Representing the Law Enforcement Commissioned Employees) THIS APPENDIX is supplemental to the AGREEMENT by and between the, CITY OF EDMONDS, WASHINGTON, hereinafter referred to as the Employer, and the EDMONDS POLICE OFFICERS’ ASSOCIATION, hereinafter referred to as the Association. APPENDIX “B” BILL OF RIGHTS B.1 Employee Rights: It is agreed that the City has the Right to discipline, suspend, or discharge any Employee for just cause. B.2 Bill of Rights: B.2.1 In an effort to ensure that investigations made by an Officer as designated by the Chief of Police of the Police Department are conducted in a manner which is conducive to good order and discipline, the Employees shall be entitled to the protection of what shall hereafter be termed as the “Employee Bill of Rights.” B.2.2 Every Employee who becomes the subject of an Internal Affairs (I/A) Investigation, as defined by department policy, shall be advised in writing at the time of the interview that they are suspected of: (a) Committing a criminal offense; or (b) Misconduct that would be grounds for termination, suspension, or other economic sanction; or (c) Not being qualified for continued employment with the Police Department (such as job competency or fitness for duty). B.2.3 Any Employee who becomes the subject of a criminal investigation shall have all Rights accorded by the State and Federal Constitutions and Washington State law. B.2.4 The Employee under investigation must, at the time of an interview, be informed of the name of the Officer in charge of the investigation and the name of the Officer who will be conducting the interview. B.2.5 Forty-eight (48) hours before an Internal Affairs (I/A) Investigation interview commences, any Employee who is the subject of an Internal Affairs Investigation shall be informed, in writing, of the nature of the Packet Page 95 of 162 30 investigation, that the Employee is considered a “suspect” in the investigation and shall include the following information: o Who is the complainant or the victim, o what reportedly took place, o when it happened, o and where it happened. No forty-eight (48) hour notice is required for, Employees subject to Investigations that will not result in any economic sanction, e.g. a Complaint Investigation; however if the Employee requests to contact an Association Representative, appropriate time will be allowed prior to the interview. Employees who are given a forty-eight (48) hour notification may waive that delay by signing a written waiver form. No forty-eight (48) hour notice or Association Representation is required for an Employee listed as a “witness” in an I/A or for routine Supervisor/Subordinate inquiries that will not result in any economic sanction. B.2.6 The interview of an Employee shall be at a reasonable hour, preferably when the Employee is on duty, unless the exigency of the interview dictates otherwise. Whenever practical, interviews shall be scheduled during the normal workday of the City. B.2.7 At the cost of the requesting party and in accordance with Washington State Law, RCW 9.73, the Employee or City may request that an investigative interview be recorded, either mechanically or by a stenographer. There can be no “off-the-record” questions. Upon request, the Employee under an investigation shall be provided an exact copy of any written statement the Employee has signed or, at the Employee’s expense, a verbatim transcript of the interview. B.2.8 The Employee may be required to answer any questions in an investigation and will be afforded all Rights and privileges to which they are entitled under the laws of the State of Washington or the United States. Prior to being ordered to respond to any question, the Employee will be notified in writing and acknowledge receipt of the following: “You are about to be questioned as part of an internal investigation being conducted by the Police Department. You are hereby ordered to answer the questions which are put to you which relate to your conduct and/or job performance and to cooperate with this investigation. Your failure to cooperate with this investigation can be the subject of disciplinary action in and of itself, including dismissal. The statements you make or evidence gained as a result of this required cooperation may be used for administrative purposes but will not be used or introduced into evidence in a criminal proceeding.” Employees who are subject to a Criminal Investigation shall be advised of their Miranda Rights. B.2.9 Interviewing shall be completed within a reasonable time and shall be done under circumstances devoid of intimidation or coercion. Written notice shall be provided forty-eight (48) hours prior to any Investigative (I/A) Packet Page 96 of 162 31 interview subject to the notice requirements of Section B.2.2. As noted in Section B.2.2 the Employee may provide a written waiver of the forty-eight (48) hour requirement. The Employee shall be afforded an opportunity and facilities to contact and consult with their Association Representative before being interviewed if requested. The Employee may be represented by the Association Representative to the extent permitted by law. The Employee shall be entitled to such reasonable intermissions as the Employee shall request for personal necessities, meals, telephone calls, consultation with their Representative, and rest periods. B.2.10 The Employee shall not be subjected to any profane language nor threatened with dismissal, transfer or other disciplinary punishment as a guise to obtain the resignation of said Employee nor shall the Employee be subjected to intimidation in any manner during the process of interrogation. No promises or rewards shall be made to the said Employee as an inducement to answer questions. B.2.11 Investigations shall be concluded within a reasonable period of time as defined in Section 26.1.4 of the Department Policy Manual. Within a reasonable period after the conclusion of the investigation and no later than forty- eight (48) hours prior to a pre-disciplinary hearing, the Employee shall be advised of the results of the investigation and the potential disposition (which may include a range of possible discipline) and shall be provided a copy of the investigatory file. In the event an investigation is sustained but no discipline is to be imposed because it was not completed within established timelines, the Employee is still entitled to a Loudermill hearing and appeal process. (NOTE: Time frames for complaint investigations increased from 30 to 45 days; internal affairs investigations increased from 60 to 90 days. Section 26.1.4 of the Department Policy Manual will be changed accordingly.) B.2.12 All interviews shall be limited in scope to activities, circumstances, events, conduct or actions which pertain to the incident which is the subject of the investigation. Nothing in this section shall prohibit the Employer from questioning the Employee about information which is developed during the course of the investigation. B.2.13 No Employee shall be requested or required to submit to a polygraph test or to answer questions for which the Employee might otherwise properly invoke the protection of constitutional amendment against self- incrimination, except as required pursuant to Section B.2.8. Nor shall any Employee be dismissed for or shall any other penalty be imposed upon the Employee solely for a failure to submit to a polygraph test or to answer questions for which the Employee might otherwise invoke the protection of any constitutional amendment against self-incrimination; and provided further that this provision shall not apply to either the initial application for employment or to persons in the field of public law enforcement who are seeking promotion. Should any section, subsection, paragraph, sentence, clause or phrase in this Article be declared unconstitutional or invalid, for any reason, such decision shall not affect the validity of the remaining portions of this Article. B.2.14 Medical or Psychological Examinations: Packet Page 97 of 162 32 B.2.14.1 The Employer retains the right to require Employees to submit to medical or psychological examinations when there exists good cause to believe an Employee is unfit for duty. Any relevant medical history of the Employee which the examining professional conducting a psychological evaluation requests shall be released by the Employee only to the examining professional. B.2.14.2 The examining professional shall issue a written report to the Employer, as the client, provided however, that such report shall indicate only whether the Employee is “fit” or “unfit” for duty and in the event an Employee is unfit the expected prognosis and recovery period as well as any accommodations which could be made to allow an Employee to return to duty consistent with the attached form (APPENDIX “B-1”). The report shall be made available to the Employee. B.2.14.3 The Association shall have an opportunity at its expense, to discuss with the Employer’s examining professional their conclusion and reasons therefore. If the Employee believes that the conclusions of the examining professional are in error, they may obtain an additional examination at their own expense and the Employer will provide the examining professional with documents which were utilized by the Employer's examining professional. In the event, the Employee and/or Association seek to contest the conclusion of the first examining professional, the Employee’s report shall be in writing and shall be available to the Employer. The report shall be kept as confidential medical information and any use outside of the accommodation or fit for duty process shall be subject to a written medical release by the Employee. The Employee shall authorize the second examining professional to respond to reasonable questions clarifying the opinion, at the Employer’s expense. Nothing herein prohibits the examining professionals from making safety disclosures required by law. B.2.14.4 The Employer will undertake to have the Employer's examining professional make themselves available to answer appropriate questions by the examining professional, at the Association’s expense, who conducts the independent examination. B.2.14.5 Should an Employee Grieve a disciplinary or discharge action taken as a result of an examination, the Employer shall allow release of the examination and supporting documents upon which it relies for the action, and all other prior examinations of the Employee. B.2.14.6 Should an Employee Grieve a demotion, discharge or other action subject to the Grievance process, taken as a result of an examination, the Employer and Employee shall allow release of all examinations and supporting documents upon which it will rely in the proceedings, and all other prior examinations of the Employee determined to be relevant by the Grievance Arbitrator after a confidential review by the Arbitrator. B.2.15 Personnel Records: (a) Contents: A "personnel file" shall be defined as any file pertaining to the Bargaining Unit member's employment status, work history, training, disciplinary records, or other personnel related matters pertaining to the Bargaining Unit member. It is further understood that a personnel file does not include material relating to medical records, pre-appointment interview forms, Internal Packet Page 98 of 162 33 Affairs files, or applicant background investigation documents such as, but not limited to, psychological evaluations and polygraph results. (b) The Employer will promptly notify an Employee upon receipt of a court order, subpoena or a public disclosure request for information in the Employee's personnel file. The Employer will also provide at least seventy-two (72) hours notice before releasing any requested documents, provided, however, that in the event the City is required to respond to a subpoena or other court order in a time frame less than seventy-two (72) hours, it will provide prompt notice of its response date. The Employer will allow the Employee and the Association the fullest possible opportunity to legally object to unwarranted disclosures. (c) Each Employee's personnel files shall be open for review by the Employee, provided that Employees shall not have the right to review psychological evaluations or supervisor's notes prepared for the purpose of preparing Employee's evaluations which are destroyed after the evaluation is prepared. The Employer shall maintain no secret personnel files not subject to inspection. (d) All Complaints, Internal Affairs Investigations and Review Board findings resulting in disciplinary action consisting of suspensions of less than ten (10) days or any lesser form of discipline, will be purged from individual personnel files after three (3) years, and from all other files after seven (7) years, or as required by the State Archivist, whichever is longer, with the following exceptions: (1) Any instances where subsequent disciplinary action was relied upon as part of a process of progressive discipline. (2) When required by law to be retained, such as instances covered by the Federal Rehabilitation Act or the Americans with Disabilities Act. All such files will be retained in a separate confidential medical file only. Any records involved in any stage of litigation or other judicial process will be purged from the personnel file according to the schedule above but may be retained by the Department in a separate litigation discovery file. All complaints and internal affairs investigations resulting in disciplinary action of a ten (10) or more day suspension, demotion or termination will not be purged. All files noted in this policy shall be kept confidential to the full extent permitted by law or the Collective Bargaining Agreement and the Rights created there under. In the event of a request for release or review of an investigative or disciplinary file, the Employee to whom the file relates will be provided written notice of the request and the City’s intended response prior to the date of release. B.2.16 USE OF FORCE: B.2.16.1 Statement of Purpose: The parties recognize that adequate training is critical for preventing unnecessary use of force and for minimizing the impact on an Employee who is involved in a situation where force must be used. The Department recognizes that it is its obligation to provide adequate training in this area, including the reactions of Employees in critical instances and in dealing with problems that result after being involved in a critical incident. Packet Page 99 of 162 34 B.2.16.2 Procedures: Any time an incident occurs involving a use of lethal force, against a person, the following will apply: B.2.16.3 When an Employee, whether on or off duty, uses lethal force which results in the injury or death of a person, or discharges a firearm in which no injury occurs, the Employee shall not be required to make a written or recorded statement for forty-eight (48) hours after the incident, except that immediately following the incident the Employee shall verbally report to a Superior a brief summary of the incident and any information necessary to secure evidence, identify witnesses, or apprehend suspects or similar information necessary to preserve the immediate safety of the public and fellow officers. The affected Employee may waive the requirement to wait forty-eight (48) hours. Beyond that the Department will not question the Employee(s) regarding any information regarding the incident, but will immediately inform the Employee involved in the incident that they have the Right to be allowed prompt access to any of the following: (a) Their spouse; (b) The Association's attorney and the attorney's agents; (c) The Employee’s personal attorney; (d) Psychologists, psychotherapists, or ministers depending upon the Employee’s choice and (e) Peer Support Counselor. The Department will encourage the Employee to have access to any of the above listed persons and to promptly do so telephonically if the Employee so requests. Any discussions about the incident that the Employee has with the above-mentioned personnel shall be confidential. The Department and the Association shall mutually agree on designated Peer Support Counselors and appropriate training. B.2.16.4 The Department or its designee will conduct a thorough and competent investigation of the incident, including using the appropriate techniques for preservation of the scene if relevant where the use of force took place. All reports and findings from this investigation, following a determination as to whether criminal charges should be filed, will be promptly made available to the Association upon request. If the Department must preserve a chain of custody for weapon or weapons utilized in the incident, the Employee will be promptly issued replacement weapons unless it is inappropriate to do so. B.2.16.5 The Department or its designee will assign a properly trained interviewer to interview the Employee. The interviewer will be trained in the appropriate techniques of interview, interrogation and investigation of “Officer Involved Shooting.” If there are multiple investigators assigned because of the concurrent investigations that are underway, the investigators will coordinate so that one investigator will be primarily responsible for the interview. All reasonable attempts will be made to minimize the need for successive interviews. B.2.16.6 No statement will be required within forty-eight (48) hours after the incident except as indicated above. The interview of the Employee involved in a lethal force situation will be done under circumstances intended to minimize the traumatic affect of the interview on the Employee. The Employee will be given reasonable breaks and periods to prepare for the interview, and be given reasonable telephonic access to the above listed Packet Page 100 of 162 35 personnel during the interview upon request. Additionally, the Employee shall have a Right to be represented during the interview by an Association Representative or the Employees attorney. If requested, the interview will be postponed until the Employee has had a reasonable opportunity to seek prompt professional counseling before the interview takes place. B.2.16.7 In the discretion of the Department, the Employee may be placed on administrative duty and assigned to responsibilities in training or other administrative areas with the specific nature of the Employee’s duty to be assigned by the Department in consultation with the Employee. The Department may also place the Employee on administrative leave. The request to be considered for an administrative assignment or administrative leave may be initiated by the Employee. B.2.16.8 While on administrative assignment or leave, the Department will allow access to the Employee’s choice of licensed mental or medical health professional without loss of pay or benefits to the Employee. B.2.16.9 When either the Employee or the Employer believes that the Employee should return to the Employee’s regular assignment, at the Employer’s option the Employee will provide a letter from their licensed psychologist or medical doctor indicating that the Employee is ready to return to their regular duties or to modified duties. The Employer at its option may request an independent medical psychological exam, which will be conducted in conformity with the procedures outlined in this agreement and the Americans with Disabilities Act (ADA). B.2.16.10 While on administrative leave and after returning to duty, the Employee will be encouraged and allowed full access for up to four (4) sessions with licensed mental or medical health professional without loss of pay or benefits to the Employee while participating in such program. Packet Page 101 of 162 36 APPENDIX “B-1” to the AGREEMENT by and between CITY OF EDMONDS, WASHINGTON and the EDMONDS POLICE OFFICERS’ ASSOCIATION I, _________________________, hereby authorize Dr. _________________________ to (Employee Name) (Doctors Name) provide the following medical information to my Employer, the City of Edmonds. In accordance with Sections 102(c)(B), 102(c)(C) and 102(c)(4)(C) of the Americans with Disabilities Act, the above named Doctor is required to maintain all medical records in association with their examination of me on separate forms and in separate medical files and must treat those records as a confidential medical record with the following exceptions: The Doctor will issue a written report to the Employer and the Employee. The report shall be a “Functional Diagnosis.” Functional Diagnosis is defined as: The evaluation by a physician or psychologist (“treating professional”) of how an underlying but undisclosed disability may affect an individual’s performance in the workplace. The treating professional may outline symptoms, impediments to performance, or other impacts which the Employee may display in order to reasonably accommodate the Employee’s return to work. The functional diagnosis shall be kept confidential as private health care information pursuant to the Americans with Disabilities Act and released only to the Chief of Police and Assistant Chiefs of Police; and, when appropriate, emergency medical personnel. Furthermore, I authorize the Doctor if they determine that I am able to perform the essential functions of my job, to so inform my Employer. This release is intended to grant no further access to my confidential medical records than the Americans with Disabilities Act allows and the examining physician is instructed accordingly. NOTE: This federal law creates a cause of action against any individual who violates its provisions. ______________________________ ______________________________ (Patient/Employee’s Signature) (Date) Packet Page 102 of 162 37 APPENDIX “C” to the AGREEMENT by and between CITY OF EDMONDS, WASHINGTON and the EDMONDS POLICE OFFICERS’ ASSOCIATION (Representing the Law Enforcement Commissioned Employees) THIS APPENDIX is supplemental to the AGREEMENT by and between the CITY OF EDMONDS, WASHINGTON, hereinafter referred to as the Employer, and EDMONDS POLICE OFFICERS’ ASSOCIATION, hereinafter referred to as the Association. C.1 Pursuant to Article A.3 of the Agreement between the parties signatory hereto, the following shall serve as the controlling document with respect to the establishment of a Physical Fitness Program and the procedures by which the aforementioned program shall be administered. C.2 Special tests may be requested by Employees who have physical handicaps or limitations, which interfere with the ability to do one or more of the regular tests. Special tests, if requested, will be devised by the treating doctor at the Employee’s expense, and approved by the Police Department, unless the injury was incurred on duty. Approval is contingent on such tests being approximately equivalent to the regular test in terms of the ability tested. In all cases, the treating doctor must certify in writing that the physical handicap, injury or limitation does not prevent the Officer from performing the essential functions of the job of a police officer. (MOU 3-1-06) C.3 Employees of the Police Department may submit to the Physical Fitness Test set forth herein, or modification thereof pursuant to Section C.2 of this Appendix. The primary test will be scheduled annually by the department during the month of September, unless waived by the Chief of Police pursuant to Section A.3 of the CBA. In the event of a waiver all Members of the bargaining unit will be compensated for the ensuing calendar year. A reasonable number of make-up dates will be scheduled as needed for the primary test if the Employee has an excused absence approved by their Division Commander. Each Employee shall be allowed only one opportunity to pass each event within the fitness test. Any Employee unable to pass the primary Physical Fitness Test may be afforded one opportunity, upon their written request, to repeat the entire test prior to December 31st. The compensation period will run from January 1 through December 31 of each year based on the previous year’s test. New Employees who become eligible for the Physical Fitness incentive prior to the annual test period will be compensated until the next test period if they successfully completed an equivalent Physical Fitness Test at the time of hiring. C.4 The Employer shall purchase a group membership at the Harbor Square Athletic Club for all Edmonds Police Officers covered by this Agreement. Any increase in the group membership or hourly court rate shall be borne by the Employer. C.5 Employees shall be compensated in pay at the applicable straight time or overtime rate when required to take Physical Fitness Tests. A retest as outlined in Section C.3 is not a required test and will not be compensated if taken while off duty. Exercise, conditioning and racquetball shall be on an individual and voluntary basis without compensation. Packet Page 103 of 162 38 C.6 Employees shall cooperate with the physician in efforts to experiment with and improve the tests and standards contained herein. C.7 All Employees who are classified as Law Enforcement Officers and Fire Fighters Act II (LEOFF II) Employees shall be protected against loss of pay for time off work due to any injury sustained while participating in authorized Harbor Square Athletic Club conditioning programs. Should a LEOFF II Employee become disabled due to an injury of the aforementioned nature, the Employer shall compensate the Employee for all time off work beyond depletion of any accrued sick leave benefits until such time as the Employee shall have begun to receive State Disability Benefits, provided that the Employer shall receive credit for any other employment or disability benefits received by Employee during that time. C.8 Every three (3) years each Employee shall be given the option to obtain a blood scan and treadmill test from a physician designated by the Employer. These tests will be provided at the Employer’s expense. Employees shall not be compensated for the time involved for these tests. C.9 The medical records shall be maintained in the office of the examining physician. C.10 Physical Test Description – The physical tests shall be those attached to this amendment. The flexibility and body fat tests, while required, shall be advisory only. The results of these tests shall be made available to the Employer. C.11 The City agrees to indemnify and hold the Association harmless from liability to any Employee who successfully claims that the physical fitness standards or alternative standards adopted pursuant to this Appendix violate the Employee’s Rights under the ADA or WSLAD or other law governing disability discrimination. CURL-UPS 1. The participant is to lay on their back with knees flexed at ninety (90) degrees or less: feet and calves elevated on bench 16-20 inches high. 2. Both hands should be clasped firmly behind the back of the head. 3. During the curl-up phase, the participant’s hands should remain clasped behind the head; the low back must remain in contact with the floor, while the shoulder blades must clear the floor. 4. The shoulders must touch the floor in the down position. 5. Count the number of correct curl-ups performed during the 2-minutes of metronome timing: the pace may be slower than, but not faster than the metronome. 6. No rest periods are allowed. Cessation of curl-ups terminates the test. Curl Ups Standards – Timed/50 Maximum Age 18-29 30-39 40-49 50-59 Sex M F M F M F M F Qty 31 26 26 21 23 17 19 14 PUSH-UPS 1. The participant is to assume the appropriate up position (see below). The body should be straight and the hands about shoulder width apart. 2. The body should remain rigid throughout the down phase; with the chest coming to within three (3) inches of the floor (a partner can place a fist on the floor beneath the participant’s chest as a general guide). Packet Page 104 of 162 39 3. From the down phase, the participant must return to the up position with the arms straight. 4. The participant is only permitted to rest in the up position. 5. Count the total number of push-ups the participant performs in one (1) minute. 6. For female Employees, the above technique shall be altered. Female Employees shall complete push-ups in accordance with Entry Level requirements. Push-Ups – 1 Minute Age 21-29 30-39 40-49 50-59 Sex M/F M/F M/F M/F Qty 34/17 25/12 20/8 15/6 1.5 MILE/RUN TEST TIME (MINUTES) Age 20-29 30-39 40-49 50-59 and over Sex M/F M/F M/F M/F Time 13:00/16:57 13:38/17:45 14:17/18:30 16:15/19:30 Packet Page 105 of 162 40 APPENDIX “D” to the AGREEMENT by and between CITY OF EDMONDS, WASHINGTON and the EDMONDS POLICE OFFICERS’ ASSOCIATION (Representing the Law Enforcement Commissioned Employees) THIS APPENDIX is supplemental to the AGREEMENT by and between the, CITY OF EDMONDS, WASHINGTON, hereinafter referred to as the Employer, and the EDMONDS POLICE OFFICERS’ ASSOCIATION, hereinafter referred to as the Association. The parties to this Agreement recognize that pursuant to GR 29(f)(5) of the Washington Rules of Court, the Judge of the Edmonds Municipal Court is responsible for the terms and working conditions of court personnel and the City is responsible for negotiating with regard to the wages of such personnel. The parties therefore have agreed to the following terms and conditions with regard to court security personnel, as follows: 1. Acknowledgement of Coverage. The parties stipulate and agree that court security services performed by armed individuals with the powers of arrest shall be considered bargaining unit work under the Collective Bargaining Agreement (“CBA”) for its commissioned police officers between the Association and the City. Bailiff service performed by unarmed individuals who do not possess a power of arrest shall not be considered bargaining unit work under the CBAs for police support personnel or commissioned officers. The Association is the collective bargaining representative for commissioned police officers and police support personnel under two separate CBAs. 2. Judge’s Discretion. Pursuant to Court Rule 9 the Judge shall, at his sole discretion, determine how security service shall be provided for the Edmonds Municipal Court. If the Judge elects to use unarmed individuals without the power of arrest and whose duties include only the ability to detain individuals pending arrest by a commissioned police officer, these persons shall not be subject to the CBA for its commissioned police officers. 3. Security Services; Commissioned Officers With Powers of Arrest. If the Judge elects to utilize armed individuals with the power of arrest to provide court services, that work shall be considered bargaining unit work and addressed under the terms of this agreement and future CBA, when approved. It is the intent of the parties that this agreement be embodied in any future CBA between the parties, but that binding effect shall not occur until a CBA is approved in full by the Edmonds City Council and the members of the applicable bargaining unit. 4. Personnel Pool Required. The parties agree and stipulate that a minimum pool of at least five interested officers in the bargaining unit are required to provide effective, continuous and trained services to the court. The Association shall be given first opportunity, on an annual basis, to provide a pool of officers for selection as court personnel. This option shall be exercised by October 31st of the preceding year. If the Association fails to exercise its option, or at any time the Association is unable to fill a given court security shift (due to vacation, illness or other reasons), the Judge shall be free to fill additional slots on the court security personnel roster through an interlocal agreement with the City of Mountlake Terrace, or such other law enforcement entity as the Judge in his sole discretion may elect. 5. Payment of Association Members. Officers on the duty roster for court security personnel shall be paid at a base rate for such work equal to two-thirds of their contract rate of Packet Page 106 of 162 41 pay under the CBA between the parties, or the federal minimum wage, whichever is greater. Such base rate shall include two-thirds of the longevity and any other premium pay to which the individual would be entitled under terms of the CBA. In addition, the parties acknowledge that the following rules shall be utilized to calculate the individual’s final total payment. 5.1 Because officers on the duty roster will normally be assigned to a full 7K exempt work schedule, it is the belief and understanding of the parties that this work shall be subject to an overtime rate. The parties stipulate and agree that in addition to the base rate attached above, the parties shall also be entitled to the normal CBA overtime rate for the position which the individual holds. The overtime rate is believed and stipulated to be in excess of the Fair Labor Standards Act required overtime rate. In the event that the Fair Labor Standards Act would result in an overtime rate higher than that provided by this Agreement, the individual shall be paid such rate, but may be removed from the duty roster by the Judge at his discretion. It is the parties’ understanding and intent that an individual who works additional hours as court security personnel shall be compensated at two-thirds of the normal contract rate of pay for the position that the individual holds with the City be combined with the stipulated overtime rate set by this Agreement. Overtime shall be calculated in accordance with the CBA between the parties rather than the Fair Labor Standards Act so long as that calculation results in a higher rate of pay. It is the parties’ understanding and intent therefore that the contract rate of pay established pursuant to this Agreement and the CBA shall always be in excess of the Fair Labor Standards Act rate. Packet Page 107 of 162    AM-5214     5.              City Council Meeting - Budget Work Session Meeting Date:10/30/2012 Time:15 Minutes   Submitted By:Mary Ann Hardie Department:Human Resources Committee: Type: Action Information Subject Title Medical insurance coverage change. Recommendation Council authorize the Mayor to sign attached agreements allowing the City to change medical PPO health coverage for employees. Previous Council Action August 2011, adopted MOU’s with Teamsters and SEIU to engage in a medical reopener discussion. In addition, charged staff with exploring options to reduce medical insurance costs to the city.  Several discussions with Mayor since August 2012.  Narrative In an effort to accommodate budgetary constraints, the Mayor is recommending a change in insurance carriers to provide a less expensive option for a PPO plan to a majority of employees, Council, retirees, and LEOFF 1 retirees. This option is to work with Mercer insurance brokers to broker insurance with United Healthcare for those employees, Council, and retirees opting to stay on a PPO health insurance plan. The new plan is similar in benefit coverage to our current plan, Regence Healthfirst with AWC. All labor union personnel have agreed to the change, with minimal mitigation.   The total cost savings will be $333,000 compared to the 2013 AWC rates for the same insurance. The City has also negotiated a rate cap increase for 2014 at 12%, or less.  Changing insurance carriers for the city’s PPO health insurance plan allows the city to have access to its claims data throughout the year, change/edit/and amend the plan design to control costs, and reduces the cost of insurance to both the city and employees who participate in a premium share. Attached are several documents the city needs to sign in order to activate both the broker relationship and the new insurance from United Healthcare. Attachment 1: Insured Employer Application Attachment 2: Engagement Letter with Mercer Attachment 3: Broker of Record letter Attachment 4: Statement of Work (SOW) for evaluation & analysis - COE Health & Welfare plans Packet Page 108 of 162 Attachment 5: Statement of Work (SOW) - Health advocate services Attachment 6: Business Associate Agreement Attachment 7: Active employee medical rates Attachment 8: LEOFF 1 retiree medical rates Attachment 9: Retiree (non-Medicare) medical rates Attachments Insured Employer Application form Engagement Letter with Mercer Broker of Record letter Statement of Work (SOW) for evaluation & analysis - COE Health & Welfare plans Statement of Work - Health advocate services Business Associate Agreement Active Employee medical rates LEOFF 1 medical rates Retiree (non-Medicare) medical rates Form Review Inbox Reviewed By Date City Clerk Sandy Chase 10/25/2012 01:32 PM Mayor Dave Earling 10/25/2012 04:46 PM Finalize for Agenda Sandy Chase 10/26/2012 08:39 AM Form Started By: Mary Ann Hardie Started On: 10/24/2012 04:13 PM Final Approval Date: 10/26/2012  Packet Page 109 of 162 P a c k e t P a g e 1 1 0 o f 1 6 2 P a c k e t P a g e 1 1 1 o f 1 6 2 Tobi Strevell Principal 1301 Fifth Avenue, Suite 1900 Seattle, WA 98101 +1 206 214 3580 Tobi.Strevell@mercer.com www.mercer.com Ms. Mary Ann Hardie City of Edmonds 121 5th Avenue North Edmonds, WA 98020 October 9, 2012 Subject: Engagement Letter Agreement We are delighted to have the opportunity to work with City of Edmonds (“you” or “Client”). The purpose of this letter of engagement (“Agreement”) is to set forth the terms governing any services that have been or will be provided to you (“Services”) by Mercer’s operating companies, Mercer (US) Inc., Mercer Investment Consulting, Inc. and/or Mercer Health & Benefits LLC (in each case, solely with respect to Services the particular entity had provided or will provide to you (“Mercer” or “we”). Mercer and the Client may also be referred to collectively as the “Parties”. Statements of Work Each statement of work (“SOW”) must specify at a minimum: (1) our respective responsibilities with respect to any Services; (2) the information and data we will need in order to perform the Services; (3) any time constraints on the performance of the Services; and (4) the compensation we will receive for performing the Services. To the extent you have accepted any SOWs at any time prior to the execution of this Agreement, such SOWs shall be subject to the terms of this Agreement. For purposes of this Agreement, the term “Agreement” shall include any SOWs. Terms and Conditions Governing Engagement Our performance of the Services (whether provided pursuant to a written SOW or not) are subject to the following terms: 1. Payment Terms: A. We perform Services in consideration of your payment of our compensation. Our compensation for Services, such as professional fees, commissions or other amounts payable to us (“Compensation”) is set forth in the applicable SOW or as otherwise agreed. In addition to our Compensation, we also bill monthly for our reasonable expenses. You shall have the right to pre-approve any individual expense greater than $100. B. Invoices are due and payable within thirty (30) days of the date of the invoice. If any invoice remains unpaid for longer than ninety (90) days from the date of the invoice, we Packet Page 112 of 162 Page 2 October 9, 2012 may either suspend the provision of the Services until payment is received, or terminate this Agreement and/or any SOW with immediate effect. If you dispute any portion of an invoice, such dispute must be in good faith. You will promptly notify us of such dispute and the parties shall work together to resolve such dispute expeditiously and the time for payment of the disputed portion of the invoice shall be extended until resolution of the dispute. C. If we become involved (whether or not as a party) in a dispute (including audits or investigations) between you and a third party (including a governmental entity), or if we are asked to preserve records in our possession or custody relating to the Services or this Agreement, including where Mercer is requested to preserve documents, electronically stored information, back-up tapes or other media beyond its standard recycling or retention protocol, beyond the scope of Services described in the applicable SOW, these additional services will be documented in a SOW. If no SOW or other agreement is reached on these additional services, you agree to pay us at our then current standard rates for all our time spent, and will reimburse us for all reasonable time and expenses incurred by us, in connection with such dispute or such documentation preservation request. We will reimburse such payments in the event and to the extent such dispute is finally determined by a court to have resulted primarily from our negligence, conduct in bad faith or fraud. 2. Instructions; Provision of Information and Assistance: You will provide all necessary and reasonably requested information, direction and cooperation to enable us to provide the Services, and any direction (whether verbal or written) shall be effective if contained expressly in the applicable SOW or if received (whether verbally or in writing) from a person known to us or reasonably believed by us to be authorized to act on your behalf. You agree that we shall use all information and data supplied by you or on your behalf without independently verifying the accuracy, completeness or timeliness of it. We will not be responsible for any delays or liability arising from missing, delayed, incomplete, inaccurate or outdated information and data, or if you do not provide adequate access to your employees, agents or other representatives necessary for us to perform the Services. We will be entitled to charge you in respect of any additional work carried out as a result. 3. Confidential Information; Data: A. Each of us is likely to disclose information (“Disclosing Party”) to the other (“Receiving Party”) from time to time in the course of the provision of the Services, which is marked or designated as confidential or proprietary at or prior to disclosure or which would appear to a reasonably prudent person to be confidential and/or proprietary in nature (“Confidential Information”). The Receiving Party will not disclose such Confidential Information to any Packet Page 113 of 162 Page 3 October 9, 2012 person other than in connection with the provision of the Services or as otherwise provided for in this Agreement. This restriction does not apply to information that (i) the Receiving Party must disclose by law or legal process, (ii) is either already in the public domain or enters the public domain through no fault of the Receiving Party, (iii) is available to the Receiving Party from a third party who, to the Receiving Party’s knowledge, is not under any non-disclosure obligation to the Disclosing Party, or (iv) is independently developed by or for the Receiving Party without reference to any Confidential Information of the Disclosing Party. B. Notwithstanding Section 3(A), you agree that we will be entitled to disclose information, including Confidential Information, relating to the Services or you to regulators having jurisdiction over our business. You also agree that, notwithstanding any other provision in this Agreement, we may include the identities of those persons who are identified by you as contact persons for you and information about the terms of this Agreement, the Services and the Compensation in our internal client management, financial and conflict checking databases. C. You hereby grant us a perpetual, non-exclusive, royalty-free license to copy, modify and use any information and data supplied by you or on your behalf so that we may create analytical trend data (in anonymous form) and in order to improve the quality of our advice to our clients. We will not disclose any information in a manner that allows particular clients or individuals to be identified. Notwithstanding the foregoing, you agree that your name may appear in a list of participating organizations for reports containing such analytical trend data. D. Our respective obligations under Section 3(A) shall survive for a period of five (5) years from the date of termination of this Agreement or for such longer period as is required by law, except that any trade secrets disclosed to the Receiving Party shall be maintained in confidence in perpetuity or until such time as they are no longer reasonably considered to be trade secrets by the Disclosing Party. E. Notwithstanding anything to the contrary in this Agreement, but subject to the terms and conditions of Section 3, we may (i) retain copies of Confidential Information that is required to be retained by law or regulation, (ii) retain copies of our work product that contain Confidential Information for archival purposes or to defend our work product and (iii) in accordance with legal, disaster recovery and records retention requirements, store such copies and derivative works in an archival format (e.g. tape backups), which may not be returned or destroyed. We may retain your information in paper or imaged format and we may destroy paper copies if we retain digital images thereof. Packet Page 114 of 162 Page 4 October 9, 2012 4. Personal Information: Each of us and our respective Affiliates (as defined below) will comply with our respective obligations arising from data protection and privacy laws in effect from time to time to the extent applicable to this Agreement and the Services. This includes, without limitation, (i) the obligation, if any, of you or your Affiliates, to obtain any required consent(s) in respect of the transfer of information to us by you or any third party relating to an identified or identifiable individual that is subject to applicable data protection, privacy or other similar laws (“Personal Information”), (ii) any obligation with respect to the creation or collection of additional Personal Information by us, and (iii) any obligation with respect to the use, disclosure and transfer by us of Personal Information as necessary to perform the Services or as expressly permitted under this Agreement. Subject to Section 3(C), any use or processing by us of Personal Information supplied by or on your behalf in connection with the Services shall be done solely on your behalf. We shall handle such Personal Information in accordance with your reasonable instructions as may be provided from time to time in the applicable SOW or as reasonably necessary for the purpose of providing the Services and shall not handle such Personal Information in a manner inconsistent with the terms of this Agreement. We also confirm that we have taken appropriate technical and organizational measures intended to prevent the unauthorized or unlawful processing of Personal Information and the accidental loss or destruction of, or damage to, Personal Information. For purposes of this Agreement, “Affiliates” means, with respect to either Party, any entity directly or indirectly controlling, controlled by or under common control with such Party. 5. Ownership and Use of Work; Intellectual Property: A. All materials prepared by us specifically and exclusively for you pursuant to this Agreement (the “Work”) shall be owned exclusively by you. Notwithstanding anything to the contrary set forth in this Agreement, we will retain all copyright, patent and other intellectual property rights in the methodologies, methods of analysis, ideas, concepts, know-how, models, tools, techniques, skills, knowledge and experience owned or possessed by us before the commencement of, or developed or acquired by us during or after, the performance of the Services, including without limitation, all systems, software, specifications, documentation and other materials created, owned or licensed and used by us or our Affiliates or subcontractors in the course of providing the Services (the “Intellectual Property”), and we shall not be restricted in any way with respect thereto. To the extent any Work incorporates any Intellectual Property, we hereby grant you a non- exclusive, non-transferable right to use such Intellectual Property solely for purposes of utilizing the Work internally in accordance with the terms of this Agreement. Packet Page 115 of 162 Page 5 October 9, 2012 B. Unless we provide our prior written consent, you will not use, in a manner other than as mutually contemplated when we were first retained by you to perform the applicable Services, or disclose to any third party, other than your attorneys, accountants or financial advisors with a need to know and who are bound by confidentiality obligations at least as restrictive as those contained in this Agreement, any Work or Intellectual Property or other material supplied by us under this Agreement, and you shall be responsible for, and we shall have no liability with respect to, modifications made by any person other than us to the Work, Intellectual Property or other work product provided to you by us. You will indemnify, defend and hold us and our Affiliates harmless in respect of any Loss (as defined in Section 7) incurred by us as a result of your breach of this obligation or any modifications made by any person other than us to the Work, Intellectual Property or other work product provided to you by us. 6. Dispute Resolution: A. Before commencing any action or proceeding with respect to any dispute between us arising out of or relating to any of our Services, the Parties shall first attempt to settle the dispute through consultation and negotiation in good faith and in a spirit of mutual cooperation. If the dispute is not resolved within five (5) business days, either of us may elect to escalate the resolution of such dispute by submitting the dispute in writing to senior executives from each of us who will promptly meet and confer in an effort to resolve the dispute. Each Party will identify such senior executive by notice to the other Party, and each Party may change its senior executive at any time thereafter by notice. Any mutually agreed decisions of the senior executives will be final and binding on both Parties. In the event the senior executives are unable to resolve any dispute within thirty (30) days after submission to them, either Party may then refer such dispute to mediation by a mutually acceptable mediator to be chosen by both Parties within forty-five (45) days after written notice by either Party demanding mediation. Neither Party may unreasonably withhold, delay or condition consent to the selection of a mediator. All communications and discussions in furtherance of this paragraph shall be treated as confidential settlement negotiations that are not subject to disclosure to any third party. The costs of the mediator shall be shared equally, but each Party shall pay its own attorney’s fees. B. Any dispute that is not resolved within six (6) months of the date of the initial demand for mediation by one of the Parties may then be submitted to a court of competent jurisdiction in accordance with the provisions of Section 10(J). Nothing in this Section 6 will prevent either of us from resorting to judicial proceedings at any time if interim equitable relief from a court is necessary to prevent serious and irreparable injury or damage to that Party. Packet Page 116 of 162 Page 6 October 9, 2012 7. Limitation of Liability: A. The aggregate liability of Mercer, our Affiliates and any officer, director or employee of ours and our Affiliates (“Mercer Parties”) to you, your Affiliates, your officers, directors or employees or those of your Affiliates and any third party (including any benefit plan, its fiduciaries or any plan sponsor) for any and all Losses arising out of or relating to the provision of any Services at any time by any of the Mercer Parties shall not exceed the greater of one times the Compensation for the Services giving rise to such Loss and $100,000. Mercer shall have no liability for the acts or omissions of any third party (other than our subcontractors). B. In no event shall either Party or its Affiliates be liable in connection with this Agreement or the Services to the other Party, its Affiliates or any third party for any loss of profit or incidental, consequential, special, indirect, punitive or similar damages. The provisions of this Section 7 shall apply to the fullest extent permitted by law. Nothing in this Section 7 limiting the liability of a Party shall apply to any liability that has been finally determined by a court to have been caused by the fraud of such Party. For purposes of this Agreement, the parties agree that “gross negligence” is defined as conduct that smacks of intentional wrongdoing or evinces a reckless indifference to the rights of others. C. For purposes of this Agreement “Loss” means damages, claims, liabilities, losses, awards, judgments, penalties, third party claims, interest, costs and expenses, including reasonable attorneys' fees, whether arising under any legal theory including, but not limited to claims sounding in tort (such as for negligence, misrepresentation or otherwise), contract (whether express or implied), by statute, or otherwise, claims seeking any kind of damages and claims seeking to apply any standard of liability such as negligence, statutory violation or otherwise. For the avoidance of doubt, multiple claims arising out of or based upon the same act, error or omission, or series of continuous, interrelated or repeated acts, errors or omissions shall be considered a single Loss. D. Each of the Parties acknowledges that the Compensation for the Services to be provided under this Agreement and the applicable SOW reflects the allocation of risk set forth in this Section 7. 8. Unforeseen Events: Neither Party shall be liable for delays or failures in performance of obligations under this Agreement, other than failure to make payments hereunder when due, resulting from events beyond its reasonable control, including without limitation “acts of God,” fire, flood, riots, new laws which prevent the carrying out of the Services, the results of terrorist activity, failures of third party suppliers, and electronic and other power failures. Packet Page 117 of 162 Page 7 October 9, 2012 9. Duration and Termination of this Agreement: This Agreement will continue until terminated as provided in this Section, except as provided otherwise in a SOW. This Agreement and any SOW may be terminated (i) by either Party upon ninety (90) days’ prior written notice to the other Party, (ii) by either Party upon material breach by the other Party, which breach is not cured within thirty (30) days after receipt of written notice thereof, or (iii) immediately by us for non-payment of invoices by you as provided under Section 1. After the termination of this Agreement, Sections 3, 4, 5, 6, 7, 9 and 10 will survive in full force and effect. Any termination of this Agreement shall not relieve you or your Affiliates of their obligations to pay for Services rendered and expenses incurred by us or our Affiliates up to and including the effective date of such termination, and such termination may require you to pay termination fees to the extent provided in a SOW. Notwithstanding the foregoing, to the extent that the Parties agree that Mercer shall continue to provide Services after the effective date of termination of this Agreement or any SOW, the terms and conditions of this Agreement and the applicable SOW shall survive until such Services are completed or the Parties agree that the Services shall no longer be provided. 10. Additional Terms: A. Terms Incorporated by Reference; Excluded Services - The provision of Services (whether or not under any SOW) shall be considered to be provided under and subject to the terms of this Agreement and the terms set forth in any SOW shall be deemed incorporated by reference into this Agreement for purposes of that SOW. For purposes of this Agreement, the term Excluded Services means outsourcing and/or benefit administration services; investment management services; advice or counsel relating to executive remuneration services to the compensation committee of the Board of Directors; mergers and acquisitions related services (unless otherwise set forth in a SOW attached to this Agreement); services related to the use, support or development of our proprietary software, databases, information systems or other intellectual property; advice and counsel to trustees of Client Group-sponsored pension schemes or plans in countries outside the United States where it is necessary to contract directly with the trustees or pension boards or other similar persons or entities to avoid conflicts of interest or as required by law. The Parties understand and agree that Excluded Services are provided under separate agreements that are specific to those particular services. B. Notices - Any notice that is to be given by one Party to the other under this Agreement will be given in writing and delivered to, Tobi Strevell, with a copy to the Legal Department, Mercer, 1166 Avenue of the Americas, New York, New York 10036 if to Mercer or Mary Ann Hardie, City of Edmonds, 121 5th Avenue N., Edmonds, WA 98020 if to Client, or any Packet Page 118 of 162 Page 8 October 9, 2012 other address specified by notice subsequently by one Party to the other. A notice will be effective upon receipt. C. No Third Party Beneficiaries - Neither this Agreement nor the provision of the Services is intended to confer any right or benefit on any third party, other than the Affiliates of each Party that execute a SOW, and, in such event, solely as set forth in such SOW and this Agreement. The provision of Services under this Agreement cannot reasonably be relied upon by any third party. D. No Publicity - You agree not to refer to us or attribute any information to us in the press (including for the purposes of advertising or promotion, or for the purpose of informing or influencing any other party, including the investment community), without our prior written consent. We agree not to refer to you in the press or for promotional purposes without your prior written consent, provided that we may include your name in our representative client listing and as provided in Section 3(C). E. Waiver - The failure by either Party to insist upon strict performance of any provision of this Agreement shall in no way constitute a waiver of rights under this Agreement, at law or in equity. F. WAIVER OF JURY TRIAL - EACH PARTY, ON BEHALF OF ITSELF AND ITS AFFILIATES, TO THE FULLEST EXTENT PERMITTED BY LAW, KNOWINGLY, VOLUNTARILY, AND INTENTIONALLY WAIVES ITS RIGHT TO A TRIAL BY JURY IN ANY ACTION OR OTHER LEGAL PROCEEDING ARISING OUT OF OR RELATING TO THIS AGREEMENT OR ANY SERVICES PROVIDED BY MERCER OR ITS AFFILIATES. THE WAIVER APPLIES TO ANY ACTION OR LEGAL PROCEEDING, WHETHER SOUNDING IN CONTRACT, TORT OR OTHERWISE. EACH PARTY AGREES NOT TO INCLUDE ANY EMPLOYEE, OFFICER, DIRECTOR OR TRUSTEE OF THE OTHER AS A PARTY IN ANY ACTION, PROCEEDING OR COUNTERCLAIM RELATING TO SUCH DISPUTE. G. Warranties of Mercer - Except as expressly set forth in this Agreement, we expressly disclaim any warranty, express or implied, including but not limited to any implied warranty of merchantability and fitness for a particular purpose. H. Entire Agreement - This Agreement is the complete, entire and fully integrated agreement between the Parties except with respect to the Excluded Services. This Agreement (including any SOW and any schedules or exhibits attached hereunder) supersedes, revokes, cancels, extinguishes and replaces all prior or contemporaneous understandings, agreements, undertakings, negotiations and discussions, whether oral or written, between the Parties except with respect to the Excluded Services. The Parties agree that, except for the obligations under this Agreement, they have no obligations to one another and have not relied upon any promises, representations, warranties, agreements, covenants or Packet Page 119 of 162 Page 9 October 9, 2012 undertakings, other than those expressly set forth in this Agreement. Because the Parties are of equal commercial sophistication in negotiating contracts and have negotiated this Agreement at arms length, it shall not be construed for or against any Party. Each Party is entering into this Agreement voluntarily, has read and understands all provisions of this Agreement and has had the opportunity to seek and obtain the advice of counsel on its rights and responsibilities under, and the terms and conditions of, this Agreement. I. Amendment, Assignment, Subcontracting - Except with respect to a change in address for notices, this Agreement shall not be amended except by a written document executed by both of us. In the event of any inconsistency between the terms of a SOW and those in the Agreement, the provisions contained in this Agreement shall prevail unless the SOW specifically amends a term contained herein. Neither of us may assign this Agreement without the prior written consent of the other, except that we may assign this Agreement to an Affiliate with reasonable prior written notice to you. We may subcontract with any of our Affiliates upon reasonable prior written notice to you, and we may subcontract with third parties with your prior written consent, which consent shall not be unreasonably withheld, conditioned or delayed. J. Governing Law and Jurisdiction - Any and all actions or proceedings arising out of, or relating to this Agreement, any Services provided up to this date or any and all SOWs will be governed by, and interpreted in accordance with, the law of the State of Washington and will be subject to the exclusive jurisdiction of the courts located in the State of Washington. Each Party agrees that service of process in any such action or proceeding may be properly made by first class mail in accordance with the notice provisions in Section 10(B) above. K. Severability – It is the intent of the Parties that the provisions of this Agreement shall be enforced to the fullest extent permitted by applicable law. To the extent that the terms set forth in this Agreement or any word, phrase, clause or sentence is found to be illegal or unenforceable for any reason, such word, phrase, clause or sentence shall be modified, deleted or interpreted in such a manner so as to afford the Party for whose benefit it was intended the fullest benefit commensurate with making this Agreement as modified, enforceable and the balance of this Agreement shall not be affected thereby, the balance being construed as severable and independent. L. Advice on Legal Matters - We are not engaged in the practice of law and the Services provided hereunder, which may include commenting on legal issues or drafting documents, do not constitute and are not a substitute for legal advice. Accordingly, we recommend that you secure the advice of competent legal counsel with respect to any legal matters related to the Services or otherwise. Packet Page 120 of 162 Page 10 October 9, 2012 M. Counterparts - This Agreement may be executed and delivered (including by facsimile or a scanned PDF version) in one or more counterparts, each of which when executed shall be deemed an original, but all of which taken together shall constitute one and the same agreement. N. Authority – The Parties hereby represent and warrant that their respective signatories below have full legal authority to enter into this Agreement and each of its terms on their behalf. If you have any questions about these terms and conditions, please do not hesitate to call me. If not, please indicate your agreement to the terms of this Agreement by signing the enclosed copy of this Agreement and SOW, if applicable, and returning it to us. Mercer (US) Inc. Mercer Investment Consulting, Inc. Mercer Health & Benefits LLC, in each case, solely in connection with the Services it provides pursuant to a SOW Mercer Health & Benefits LLC By: _____________________________________ Name: _____________________________________ Date: _______________ (Please Print) Title: ______________________________________ ACCEPTED AND AGREED City of Edmonds By: _____________________________________ Name: _____________________________________ Date: _______________ (Please Print) Title: ______________________________________ Packet Page 121 of 162 Packet Page 122 of 162 Packet Page 123 of 162 Tobi Strevell Principal 1301 Fifth Avenue, Suite 1900 Seattle, WA 98101 +1 206 214 3580 Tobi.Strevell@mercer.com www.mercer.com October 17, 2012 Ms. Mary Ann Hardie City of Edmonds 121 5th Avenue North Edmonds, WA 98020 Statement of Work (“SOW”) The objective of this Statement of Work (”SOW”) is to confirm the scope of our work and the compensation for this engagement. This SOW is subject to the terms and conditions contained in our existing engagement letter dated 10/9/12. All capitalized terms not defined in this SOW shall have the meanings ascribed to them in our existing engagement letter. Service Details 1. Project Name: Evaluation, analysis and recommendation for the City of Edmonds Health and Welfare plans 2. Description of Mercer responsibilities: See attached Service Schedule 3. Description of client responsibilities: You will perform the duties set forth under the Client heading in the Calendar. You will execute all necessary agreements with Mercer, any applicable third party vendors, and any carriers to implement the Services. The failure to perform your duties under this SOW/Agreement will be deemed a waiver of your right to receive the related Services hereunder. 4. Period of time over which work will be performed: November 1, 2012 - October 31, 2014 5. Compensation/fees: We will receive the following base commissions from third parties for Services performed under this SOW: Line(s) of Coverage/Service Amount/Rate of Compensation Medical 4% of premium Packet Page 124 of 162 Page 2 October 12, 2012 Subcontractors We may need to utilize various subcontractors (“Subcontractors”) in the course of our provision of the Services to assist us in such tasks as printing and mailing, development of interactive tools, graphic design, etc. You consent to our use of the Subcontractors and further acknowledge and agree that we may provide such Subcontractors with your Confidential Information, including Work, on a confidential and a need to know basis for the purposes contemplated by this SOW. Additional Terms 1. We do not act on behalf of any insurer or other service provider, are not bound to utilize any particular insurer or service provider, and do not have the authority to make binding commitments on behalf of any insurer or service provider. In addition, we do not guarantee or make any representation or warranty that coverage or service can be placed on terms acceptable to you. We are not responsible for the solvency or ability to pay claims of any insurance carrier or for the solvency or ability of any service provider to provide service. Insurance carriers or service providers with which your other risk or insurance coverage or other business is placed will be deemed acceptable to you, in the absence of contrary instructions from you. 2. You understand that the failure to provide, or cause to provide, complete, accurate, up-to-date, and timely documentation and information to us, an insurer, or other service provider, whether intentional or by error, could result in impairment or voiding of coverage or service. You agree to review all policies, endorsements and program agreements delivered to you by us and will advise us of anything which you believe is not in accordance with the negotiated coverage and terms within thirty (30) days following receipt. 3. You expressly acknowledge that, with respect to the provision of the Services, we are not, nor are any of our Affiliates or subcontractors, an “administrator” within the meaning under applicable law, including the Employee Retirement Income Security Act of 1974, as amended (“ERISA”), nor, with respect to the provision of the Services, are we or any of our Affiliates or subcontractors a “fiduciary” within the meaning under applicable law or ERISA, unless provided otherwise herein or required by applicable law. 4. Title V of the Gramm-Leach-Bliley Act and related state laws and regulations establish limitations on the use and distribution of non-public information collected by financial institutions from their customers and consumers. Our insurance-related work qualifies us as a Packet Page 125 of 162 Page 3 October 12, 2012 financial institution under this Act. Our Privacy Policy Notice and additional information regarding other compliance policies at Mercer, including our conflicts of interest policy, are available at www.mercer.com/transparency. At this web address you will also find information regarding Marsh & McLennan Companies, Inc. and its subsidiaries’ equity interests in certain insurers and contractual arrangements with certain insurers and wholesale brokers. 5. Without limiting the generality of Section 2 of our engagement letter, you will inform us at the commencement of our work under each SOW (and thereafter in the event of any change) as to whether or not you or any of your Affiliates are subject to any restrictions or obligations directly relevant to the Services as a result of or in connection with having received any federal financial assistance in connection with any federal law or program, including, but not limited to, the American Recovery and Reinvestment Act of 2009 and the Emergency Economic Stabilization Act of 2008, including the Troubled Assets Relief Program. In the event that you or your Affiliates are subject to such restrictions or obligations, you will also promptly describe such restrictions and obligations to us in writing in reasonable detail and make an expert (including internal or external counsel) available to us for additional clarification that we reasonably request regarding the analysis or interpretation of any such restrictions or obligations. You agree that we will be entitled to rely on, and have no liability for, the accuracy and completeness of the information, analysis or interpretation that is provided to us in connection with the foregoing. [Remainder of this page left blank intentionally] Packet Page 126 of 162 Page 4 October 12, 2012 We appreciate your business and look forward to working with you on this engagement. Please acknowledge your agreement to the terms contained herein by signing below. Mercer Health & Benefits LLC By: _____________________________________ Name: _____________________________________ Date: _______________ (Please Print) Title: ______________________________________ ACCEPTED AND AGREED City of Edmonds By: _____________________________________ Name: _____________________________________ Date: _______________ (Please Print) Title: ______________________________________ Packet Page 127 of 162 Page 5 October 12, 2012 Service Schedule for Medical/Rx Coverages: • Review placement and performance of your current medical/Rx benefits coverage and establish objectives and strategies for placement of employee benefit coverages to which this Letter applies. • Meet with your key people designated by your employee benefits managers on an as-needed basis, to discuss issues relating to your medical/Rx benefit coverages to which this Letter applies. • Develop a mutually agreeable medical plan renewal action plan and timeline that meets your stated objectives. • Identify potential carriers/providers for your medical/Rx benefit coverages to which this Letter applies and negotiate on your behalf with such carriers/providers. We shall keep you informed of significant developments resulting from such negotiations. We are also authorized, for purposes of this Letter, to represent and assist you in all discussions and transactions with all carriers/providers, provided that we shall not place any insurance on your behalf unless so authorized by you. • Benchmark medical/Rx plan costs and employee contributions to industry, size and regional standards on an annual basis. • When marketing your medical/Rx plans, prepare an analysis comparing costs, plan designs, administration expenses, network discounts and network access for existing and proposed alternative coverages and financing arrangements. • Upon your request, evaluate and assist in the evaluation of medical/Rx plan costs for the purpose of determining the best financing arrangement. • Assist with documentation and other steps to obtain commitments for and implement insurance policies and other services selected by you regarding your medical/Rx benefit program upon your instructions. • Following placement, deliver confirmation of coverages as promptly as practicable. • Follow up with medical/Rx insurance carriers/providers for timely issuance of policies and endorsements/contracts. Review policies, contracts and endorsements for accuracy and conformity to specifications provided by you and the related negotiated coverages. • Provide information/coverage summaries for all new coverages and updates on changes to existing coverages. • Assist you in connection with issues relating to interpretation of insurance policies/contracts placed by Mercer. • Act as a liaison between you and carriers/providers for the lines of coverage and services that we have placed or obtained on your behalf or for which we are named as the broker of record. Packet Page 128 of 162 Page 6 October 12, 2012 • Obtain (to the extent available from the applicable carriers/ providers) comprehensive claims and enrollment reports for medical/Rx coverages detailing paid claims (and reimbursements if applicable), premium/funding and enrollment summaries. We will review these reports with you on a quarterly basis and will identify and discuss trends impacting its program. • Provide cost projections for the subsequent calendar year for employee benefit coverages subject to this Letter. • Coordinate the collection of Schedule A information for Form 5500 filings on placements made by Mercer. Packet Page 129 of 162 Tobi Strevell, Principal 1301 Fifth Avenue, Suite 1900 Seattle, WA 98101 1 206 214 3580 tobi.strevell@mercer.com www.mercer.com Services provided by Mercer Health & Benefits LLC. October 25, 2012 Subject: Statement of Work (SOW) Dear Carrie and Mary Ann: The objective of this Statement of Work (”SOW”) is to confirm the scope of our work and the compensation for this engagement. This SOW is subject to the terms and conditions contained in our existing engagement letter dated October 9, 2012, (the “Engagement Letter”). All capitalized terms not defined in this SOW shall have the meanings ascribed to them in the Engagement Letter. Service Details Client (“Company”) legal name, address and tax identification number: City of Edmonds 121 Fifth Avenue North Edmonds, WA 98020 EIN: Services: Company retains Mercer to provide the following Services: Service Effective Date Attachment Health Advocate January 1, 2013 1 Description of Mercer responsibilities: Mercer Health & Benefits LLC and/or its affiliate, Mercer Health & Benefits Administration LLC (collectively, “Mercer” unless otherwise indicated) shall perform or cause to be performed Services set forth in the attachment(s) to this SOW (“Attachment(s)”). Description of Company responsibilities: Carrie Hite Mary Ann Hardie City of Edmonds 121 Fifth Avenue North Edmonds, WA 98020 Packet Page 130 of 162 Page 2 October 25, 2012 City of Edmonds HA SOW 10 25 12.doc 2 See Attachment(s). Period of time over which work will be performed: Implementation for each of the Services covered by this SOW shall commence on the date this Statement of Work is entered into by both parties (“Commencement Date”). See Attachment(s) for the Initial Term and Renewal Terms for the Services. The Effective Date for the Service assumes that we have received all usable, necessary data and other information requested from you and we timely receive such additional data and other information that we may request from time to time. If such information is not received in a timely manner, the projected timeframe may change. We will provide regular updates on implementation status. Termination. Notwithstanding any contrary provision of the Engagement Letter, this SOW and/or Attachment(s), as applicable, may only be terminated as follows: A. Mutual Consent. Upon the mutual written consent of the Parties. B. Unilateral Notice. At the expiration of the Initial Term or any Renewal Term by either Party providing a written notice of termination to the other Party no less than ninety (90) days prior to the expiration of such Initial or Renewal Term. C. Breach. In the case of a material breach of the Engagement Letter or this SOW, the non- breaching party may provide the breaching party with thirty (30) days prior written notice and opportunity to cure said breach. Said notice must specify the nature of the breach. If such breach is not cured to the reasonable satisfaction of the non-breaching party within said thirty (30) day notice and cure period, the non-breaching party may, at its option and upon written notice to the breaching party, immediately terminate this SOW and all Attachment(s) in its entirety or terminate solely such Attachment as were breached, in which event the Administration Fee shall be reduced to eliminate the applicable charges for the Services set forth in such Attachment. D. Bankruptcy. Either party may terminate this Engagement Letter or SOW immediately upon written notice to the other party in the event the other party becomes insolvent, or enters into bankruptcy or other reorganization proceedings. E. Loss of License. The affected Attachment will automatically terminate upon any termination of Mercer’s license to access and use the licensed product and/or Service provided by a Vendor in total or solely with respect to Company. Events Upon and After Termination. Upon and after termination of this SOW, Company shall (a) immediately pay Mercer any and all fees or other amounts due and incurred up to the date of termination under this SOW, and (b) timely and adequately notify all appropriate parties, including but Packet Page 131 of 162 Page 3 October 25, 2012 City of Edmonds HA SOW 10 25 12.doc 3 not limited to employees and service providers to the Plan(s), that services with Mercer under this SOW have terminated. This provision supplements the provisions of Section 9 of the Engagement Letter relating to term and termination of Services under this SOW and shall govern in the event of a conflict. Compensation/fees: Service costs will be fully covered by base commissions received with respect to Company insurance plans for which Mercer is the broker of record to the extent available and subject to applicable laws. This arrangement is not offered as an inducement to purchase insurance of any type, but rather to help demonstrate that the services Mercer provides are commensurate with the overall compensation Mercer receives. In the event Company terminates Mercer as broker of record with respect to any or all of Company insurance plans, services under this SOW will immediately terminate unless otherwise mutually agreed. Health Advocate Fees Health Advocate Fee $0.80 per employee per month ADDITIONAL TERMS 1. Notice. In addition to any notice required under the Engagement Letter relating to the Services notice must also be given in writing and delivered to Mercer Health & Benefits Administration LLC, 2610 Northgate Drive, Iowa City, Iowa 52240, Attn: President. Such notice will be effective upon receipt. 2. Definitions and Additional Terms: Please see the Additional Terms Attachment. We appreciate your business and look forward to working with you on this engagement. Please acknowledge your agreement to the terms contained herein by signing below. Packet Page 132 of 162 Page 4 October 25, 2012 City of Edmonds HA SOW 10 25 12.doc 4 Mercer Health & Benefits LLC By: Name: _____________________________________ Date: ___10/25/12____________ (Please Print) Tobi Strevell Title: _____Principal__________________________ ACCEPTED AND AGREED City of Edmonds By: Name: _____________________________________ Date: _______________ (Please Print) Title: ______________________________________ Packet Page 133 of 162 Page 5 October 25, 2012 City of Edmonds HA SOW 10 25 12.doc 5 ATTACHMENT 1 HEALTH ADVOCATE SERVICES  IDENTIFICATION OF PLAN(s) (“Plan(s)”) TO WHICH HEALTH ADVOCATE SERVICES RELATE: Medical, Rx  EFFECTIVE DATE OF THIS ATTACHMENT (“Effective Date”): January 1, 2013 *** Note: The Effective Date of this Attachment may not change once this Statement of Work has been signed. 1. SCOPE OF SERVICES. The Company retains Mercer for purposes of arranging health advocacy services to the participants and beneficiaries which shall include spouses, retirees, dependent children, parents, and parents in-law (“Members”) described in this Attachment (the “Services”). The Vendor providing the Services hereunder is Health Advocate, Inc. (“Health Advocate”). 2. SERVICES PROVIDED BY VENDOR 2.1 The Personal Health Advocate: typically a registered nurse, assigned to serve the Member as soon as he/she calls to access the Services. The Personal Health Advocate handles a range of issues as Members seek healthcare services and interact with Providers and insurers. 2.2 24/7 HelpNet: Health Advocate is available 24 hours a day, 7 days a week using a toll free phone number. 2.3 Care Coordination: The Personal Health Advocate helps Members coordinate care among physicians and medical institutions. 2.4 Medical Director and Administrative Support: Physicians and administrative staff support the Personal Health Advocates. 2.5 Benefits Advantage™ 2.5.1. Claims Assistance: The Personal Health Advocate helps sort out and solve claims and related paperwork problems. Health Advocate can assist Members with coverage and benefits issues. 2.5.2. Fee Negotiation: When necessary, Health Advocate can attempt to negotiate fees with healthcare Providers and can also review questionable bills. 2.5.3. Grievance Advice: Health Advocate will provide assistance to Members when filing a complaint or grievance. 2.5.4. Coverage Advantage™: The Personal Health Advocate can help Members through the coverage review process and, when necessary, can also assist in identifying alternative coverage options. 2.5.5. RxAdvocate™: The Personal Health Advocate can assist Members with prescription Packet Page 134 of 162 Page 6 October 25, 2012 City of Edmonds HA SOW 10 25 12.doc 6 drug issues including formulary and benefit questions. 2.6 Physician Locator: The Personal Health Advocate can help Members identify physicians, hospitals, dentists, and other healthcare Providers for needed services. 2.7 Advocates of Excellence: Health Advocate can help identify leading medical institutions, Centers of Excellence and medical Providers to assist Subscribers in need of complex medical care. The Personal Health Advocate can help Members schedule appointments with these Providers, as required. 2.8 Health Advocate CareQuest: This Service locates resources and makes arrangements for Members in need of special services that typically fall outside the realm of traditional healthcare benefits. The Member may be responsible for payment for any services that they use beyond what may be covered by their health insurance plan. 2.9 Health Cost Estimator: The Personal Health Advocate can assist Members in estimating costs for upcoming medical procedures. 3. GRANT OF RIGHTS. 3.1 Company hereby agrees that all trademarks, including, without limitation, “Health Advocate” “HealthLinx” “CareQuest” “PaperChase Services” “Advocates of Excellence” “Physician Locator” and “DoctorReach” and all intellectual property relating thereto and goodwill associated therewith contained in this description of Services are the sole and exclusive property of Health Advocate, Inc. 3.2 Mercer represents and warrants that it is an authorized sales distributor of the Services provided by Vendor as contemplated hereunder. 4. TERM. This Attachment shall commence as of the Effective Date, and shall continue for two (2) years (“Initial Term”). Thereafter, this Attachment shall automatically be renewed for successive two (2) year terms (each a “Renewal Term”) unless terminated as set forth in the SOW. 5. DISCLAIMER OF WARRANTIES. WITH RESPECT TO THE SERVICES PROVIDED UNDER THIS ATTACHMENT, COMPANY ACKNOWLEDGES THAT: (A) VENDOR PROVIDES ADMINISTRATIVE SERVICES THROUGH ITS EMPLOYEES, (B) VENDOR DOES NOT PROVIDE HEALTH INSURANCE OR MEDICAL SERVICES, AND (C) INDEPENDENT HEALTHCARE PRACTITIONERS THAT ARE NOT EMPLOYEES OR AGENTS OF VENDOR PROVIDE ALL MEDICAL SERVICES. Packet Page 135 of 162 ATTACHMENT 2 Additional Terms Attachment 1 Definitions: 1.1 Beneficiary means an individual who may receive benefits under the Plan(s) as a result of their relationship with a Participant. 1.2 Employee means those individuals exclusively identified by Company as being employees and recipients or users of the Services, and may include, without limitation, individuals recognized by Company as employees for federal tax reporting and withholding purposes, individuals receiving continuation coverage under the Consolidated Omnibus Budget Reconciliation Act of 1986 or similar state law, and retirees. 1.3 Mercer Vendor means a service provider under contract with Mercer or a Mercer Affiliate which either provides Services directly to Company or assists Mercer in the provision of Services to Company. 1.4 Participant means an Employee who is enrolled in the Plan(s). 1.5 Third Party Vendor means a service provider, other than Mercer, retained by Company for the provision of services to Company or the Plan(s). 2 Additional Terms. The following terms and conditions apply to the Engagement Letter, SOW and the Attachments: 2.1 Provision of Services by Mercer and Mercer Affiliates. Company retains Mercer for purposes of providing or arranging for the provision of the services more fully described in the Attachment(s) noted pursuant to the terms of this Statement of Work and the applicable Attachment(s) (which are incorporated herein by this reference)(referred to herein as the “Services”). As identified in certain Attachment(s), if applicable, Services may be performed by a Mercer Affiliate or a Mercer Vendor under the terms and conditions of the Engagement Letter. 2.2 Precedence. In the event of a conflict between the terms of the Statement of Work and the applicable Attachment(s), the terms of the Attachment(s) shall prevail. In the event of a conflict between the terms of this Statement of Work and the Engagement Letter, the Statement of Work will prevail. In the event of a conflict between the terms of this Attachment and another Attachment, the terms of this Attachment will prevail. 2.3 Relationship of the Parties. The relationship of Company and Mercer shall be that of independent entities contracting with each other for the sole purpose of carrying out the provisions of this Statement of Work. Nothing contained herein shall be construed to create an employment, partnership, or other joint venture relationship between Company and Mercer. 2.4 Plan Fiduciary Instruction. 2.4.1 NEITHER MERCER NOR ANY MERCER VENDOR IS A PLAN ADMINISTRATOR OR FIDUCIARY AS DEFINED UNDER THE EMPLOYEE RETIREMENT INCOME SECURITY ACT OF 1974 (“ERISA”). Company acknowledges, agrees and warrants that Company is the named Plan Administrator and/or Fiduciary for the Plan(s) within the meaning of ERISA, and, notwithstanding anything to the contrary contained herein, that neither Mercer nor any Mercer Vendor is a fiduciary or has any discretionary authority or responsibility with respect to the Plan(s) or Plan assets. It is understood and agreed that Company and/or the relevant Plan(s) have full and final authority and responsibility for the Plan(s), Plan(s) assets, and Plan(s) operation. Company shall defend, indemnify and hold harmless Mercer from and against any and all losses, damages or expenses incurred by Mercer as a result of a finding that Mercer is a “Plan Administrator” or “fiduciary”, as defined by ERISA, by virtue of its performance of this Statement of Work. Neither Mercer nor any Vendor shall have any duty or power to act on behalf of Company or any Participant in connection with the Plan(s) other than as expressly stated in this Statement of Work or upon instruction from Company. Packet Page 136 of 162 City of Edmonds HA SOW 10 25 12.doc 8 2.4.2 Company shall provide necessary instruction with respect to the Services hereunder regarding Company’s operation of the Plan(s). Mercer and Mercer Vendors, if applicable, shall exclusively rely on instruction from Company with respect to the operation of the Plan(s). 2.4.3 Mercer and Mercer Vendors, if applicable, shall be entitled to conclusively rely on any written communication received from Company, which it reasonably believes to be genuine and signed by a person with apparent authority to issue such a communication. Neither Mercer nor Mercer Vendors, if applicable, shall then be under any duty to make an investigation or inquiry as to the truth, accuracy, or completeness of any statement or information contained therein. 2.4.4 The Statement of Work, the plan documents or summary plan descriptions for the Plans shall constitute Company direction. 2.5 Grant of Rights. 2.5.1 Company hereby grants to Mercer and any Mercer Vendor a non-exclusive, royalty-free license to use Company’s name, logo, any tradename or trademark, and any service marks or service names in connection with Mercer’s performance of the Services provided such use shall be subject to the prior written approval of Company as to style, form, context and general content. Company shall not unreasonably delay or withhold its approval. 2.5.2 Company hereby grants to Mercer and any Mercer Vendor a non-exclusive, royalty-free license to use all data or information (in whatever form or media, including Participant data) that is supplied to Mercer by or on behalf of Company hereunder or Company makes accessible to Mercer as a result of the Services contracted for or provided under this Statement of Work. Company represents and warrants to Mercer that it owns or is lawfully authorized to use all data and Company information that are provided to Mercer in order that Mercer may provide the Services 2.6 Third Party Services. In performing its responsibilities under this Statement of Work, Mercer may use the services of independent contractors, Mercer Vendors, or an Affiliate without notice to, or consent of Company. Mercer’s use of independent contractors, Mercer Vendors, or an Affiliate shall not relieve Mercer of any responsibility to Company hereunder. This provision supersedes the subcontractors provision of the Engagement Letter with respect to the Services. 2.7 Security of Systems. Company shall not cause or knowingly permit (i) any person to use the Services other than its own authorized Employees, Participants and Beneficiaries, or (ii) any use of the Services in any unauthorized manner. Company agrees to promptly report to Mercer all unauthorized uses and users of the Services. Company shall maintain any IDs and passwords issued by or on behalf of Mercer in strict confidence and shall advise its authorized employees to maintain such IDs and passwords in strict confidence. Company acknowledges that Mercer reserves the right to disable any ID or password upon reasonable belief that security has been, or will be, compromised. 2.8 Indemnification and Hold Harmless. 2.8.1 Company shall indemnify, defend and hold harmless Mercer, its Affiliates and subcontractors, and their respective members, directors, officers and employees (“Mercer Indemnified Person”) from and against any and all Losses which may be imposed on or incurred by or instituted against any such Mercer Indemnified Person relating to or arising out of: (a) any data or information furnished by or for Company to Mercer; or (b) any act or omission by Mercer to a transaction executed at the direction of Company provided, that Company will not be liable under this indemnity to the extent any losses are determined, in a final judgment by a court, not subject to further appeal, to have resulted primarily from the gross negligence, or bad faith conduct of Mercer Indemnified Person. 2.8.2 For purposes of this Statement of Work “Loss” means damages, claims liabilities, losses, awards, judgments, penalties, interest, costs and expenses, including reasonable attorneys’ Packet Page 137 of 162 City of Edmonds HA SOW 10 25 12.doc 9 fees, whether arising in tort, contract or otherwise. For the avoidance of doubt, multiple claims arising out of or based upon the same act, error or omission, or series of continuous, interrelated or repeated acts, errors or omissions shall be considered a single Loss. 2.8.3 This provision shall survive the termination of this Statement of Work. 2.9 Use of Personal Information Practices. 2.9.1 Mercer shall receive, maintain, use and disclose Protected Health Information, as defined in HIPAA (“PHI”), regarding Plan(s) Participants and Plan(s) Beneficiaries in accordance with the Business Associate Agreement between Company and Mercer and Mercer Health & Benefits Administration LLC is hereby included in the definition of “Business Associate” for purposes of that agreement. 2.9.2 Company shall send and receive PHI and other personal information through a secure transmission application including, without limitation, encrypted WinZip® files, the https Connect site maintained by Mercer, secure FTP, US Mail, or other mutually agreeable means and shall not use any unsecure means to transmit PHI or personal information such as, but not limited to, fax or unencrypted email. 2.10 Ownership and Restrictions on Use. 2.10.1 Company acknowledges and agrees that (a) no licenses under any patents, copyrights, trademarks, trade secrets or any other intellectual property rights, express or implied, are granted by Mercer or Vendor hereunder; (b) all patents, copyrights, circuit layouts, mask works, trade secrets, source code, listing(s) and procedure(s) and any part or executable derivative of the Services are and will remain the exclusive property of Vendor and/or Mercer; and (c) it shall not sell, transfer, publish, disclose, display or otherwise make available Mercer’s or Vendor’s trademarks or any other intellectual property or copies thereto to third parties. Company will not take any action that jeopardizes Mercer’s or a Mercer Vendor’s proprietary rights or acquire any right in the Services or Mercer’s, or a Mercer Vendor’s, confidential information. 2.10.2 Where applicable, Company will not modify or attempt to modify the Services in any manner. A Mercer Vendor and/or Mercer will own all rights in any copy, translation, modification, adaptation of the Services or other items of confidential information, including any improvement or development thereof. Company shall execute, at Mercer’s reasonable request, any instrument that may be appropriate to assign these rights to Mercer or a Mercer Vendor or perfect these rights in Mercer Vendor’s and/or Mercer’s name. 2.10.3 Where applicable, Company shall not download, decompile, disassemble or reverse engineer the Services, the Mercer or Mercer Vendor software (including web sites, if any) or any of their component parts. 2.10.4 Except to the extent expressly permitted in this Statement of Work, Company shall not allow any third party within Company’s control other than its Employees, Participants and Beneficiaries, to have access to the Services without the prior written consent of Mercer. 2.10.5 Company shall not use Mercer’s or a Mercer Vendor’s name, trademarks or logo without Mercer’s and/or Mercer Vendor’s prior written consent except that nothing herein shall prohibit Company from using Mercer’s and/or Mercer Vendor’s trademark or logo in materials approved by Mercer or Mercer Vendor, as applicable. Company is not authorized to prepare or distribute any promotional or descriptive material relating to this Statement of Work or the Services, without the prior written approval of Mercer or, if applicable, a Mercer Vendor. Company shall make no use of the name “Mercer” except as expressly authorized in writing by Mercer. 2.10.6 The obligations set forth in this Section 2.10 shall survive the expiration or termination of this Statement of Work. 2.11 Disclaimer of Warranties. EXCEPT AS PROVIDED HEREIN, ALL SERVICES AND THIRD PARTY LICENSED PRODUCTS ARE PROVIDED ON AN "AS IS", "AS AVAILABLE" BASIS Packet Page 138 of 162 City of Edmonds HA SOW 10 25 12.doc 10 WITHOUT WARRANTY OR REPRESENTATION OF ANY KIND. MERCER MAKES NO EXPRESS OR IMPLIED WARRANTIES OR REPRESENTATIONS WITH RESPECT TO SUCH LICENSED PRODUCTS OR SERVICES, INCLUDING, WITHOUT LIMITATION, ANY EXPRESS OR IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR INTENDED USE. 2.12 Force Majeure. Mercer shall not be deemed to have breached this Statement of Work if its delay or failure to perform all or any part of its obligations hereunder results from a condition beyond its reasonable control, including without limitation, acts of God or the public enemy, flood or storm, strikes, power failure, hacker attacks, failures or substitution of equipment, communication line failure, acts or omissions of any third party Vendor, statute, or rule or action of any federal, state or local governmental agency. As soon as reasonably practicable following removal of a force majeure event, Mercer will commence performance under this Statement of Work and be subject to its provisions. Packet Page 139 of 162 Il MERCER Business Associate Agreement Health Insurance Portability and Accountability Act (HIPAA) This Business Associate Agreement (the "Agreement")is made and entered into as of November 1,2012 hereinafter "Effective Date")by and between City of Edmonds Name of Client],on behalf of City of Edmonds Health and Welfare Plans IName of Plan(s)] (hereinafter "Covered Entity"),and Mercer Health &Benefits LLC (hereinafter Business Associate"). Recitals WHEREAS,the Department of Health and Human Services ("HHS")has promulgated regulations at 45 C.F.R.Parts 160-164.implementing the privacy and electronic security requirements set forth in the Administrative Simplification provisions of the Health Insurance Portability and Accountability Act of 1996,Public Law 104-191 (the "Privacy Rules"); WHEREAS,the Privacy Rules provide.among other things,that a covered entity is permitted to disclose Protected Health Information (as defined below)to a business associate and allow the business associate to obtain and receive Protected Health Information,ifthe covered entity obtains satisfactory assurances in the form of a written contract that the business associate will appropriate]y safeguard the Protected Health Information; WHEREAS,Business Associate will have access to,create and/or receive certain Protected Health Information in conjunction with the services being provided by Business Associate to Covered Entity, thus necessitating a written agreement that meets the applicable requirements of the Privacy Rules.Both parties have mutually agreed to satisfy the foregoing regulatory requirements through this Agreement; WHEREAS,Business Associate acknowledges that the enactment of the American Recovery and Reinvestment Act of 2009 (P.L.111-5,ARRA)amended certain provisions of HIPAA in ways that directly regulate,or will on future dates directly regulate,Business Associate's obligations and activities under the Privacy Rules; WHEREAS,effective as of February ]7,2010,Business Associate acknowledges that Business Associate is also subject to 45 C.F.R.§§164.308,164.310,164.312,and 164.316 ofthe Privacy Rules; and NOW THEREFORE,Covered Entity and Business Associate agree as follows: 1.Definitions.The following terms shall have the meaning set forth below: a)C.F.R. "C.F.R."means the Code of Federal Regulations. b)Designated Record Set. "Designated Record Set"has the meaning assigned to such term in 45 C.F.R.164.501. c)Electronic Protected Health Information. "Electronic Protected Health Information"has the meaning assigned to such term in 45 C.F.R.160.103. Mercer Business Associate Agreement.doc (8/12) Packet Page 140 of 162 d)Individual. "Individual"shall have the same meaning as the term "individual"in 45 C.F.R. 160.103 and shall include a person who qualifies as the Individual's personal representative in accordance with 45 C.F.R.164.502 (g). e)Protected Health Information "Protected Health Information"shall have the same meaning as the term "Protected Health Information,"as defined by 45 C.F.R.160.103.limited to the information created or received by Business Associate from or on behalf of Covered Entity. f)Required By Law. "Required By Law"shall have the same meaning as the term "Required by Law"in 45 C.F.R.164.103, g)Secretary. "Secretary"shall mean the Secretary of HHS or his designee. h)Security Incident. "Security Incident"shall mean the successful unauthorized access to, disclosure,modification or destruction of,or interference with,the Electronic Protected Health Information by a third party. 2.Obligations and Activities of Business Associate a)Business Associate agrees to not use or further disclose Protected Health Information other than as permitted or required by this Agreement or as Required by Law. b)Business associate agrees to use appropriate safeguards to prevent use or disclosure of the Protected Health Information other than as provided for by this Agreement. c)Business Associate agrees to mitigate,to the extent practicable,any harmful effect that is known to Business Associate of a use or disclosure of Protected Health information by Business Associate in violation of the requirements of this Agreement.In the event of a Breach,as defined in Section 13400(1)of ARRA,by Business Associate or any of its officers,directors,employees, subcontractors or agents,Business Associate shall cooperate with Covered Entity to notify the affected Individuals pursuant to Section 13402 of ARRA. d)Business Associate agrees to report to Covered Entity any use or disclosure of the Protected Health Information not provided for by this Agreement of which it becomes aware.In event of a Breach, as defined in Section 13400(1)of ARRA,by Business Associate or any of its officers,directors, employees,and subcontractors or agents,Business Associate shall immediately notify Covered Entity in accordance with the requirements of Section 13402 of ARRA. e)Business Associate agrees to ensure that any agent,including a subcontractor,to whom it provides Protected Health Information or Electronic Protected Health Information received from,or created or received by Business Associate on behalf of Covered Entity,agrees to the same restrictions and conditions that apply through this Agreement to Business Associate with respect to such information. f)Business Associate agrees to provide access to Protected Health Information in a Designated Record Set,in the time and manner Required by Law,to Covered Entity or,as directed by Covered Entity,to an Individual,in order to meet the requirements under 45 C.F.R.164.524 and any subsequent legislation or guidance regarding an Individual's right to access his or her Protected Health Information, 2 Packet Page 141 of 162 including,but not limited to,the requirements of Sections 13405 of ARRA and the regulations thereunder. g)Business Associate agrees to make any amendment(s)to Protected Health Information in a Designated Record Set pursuant to 45 C.F.R.164.526 and any subsequent legislation or guidance regarding an Individual's right to request amendment of his or her Protected Health Information at the request of Covered Entity or an Individual,and in the time and manner Required by Law. h)Business Associate agrees to make internal practices,books,and records relating to the use and disclosure of Protected Health Information received from,or created or received by Business Associate,on behalf of Covered Entity,available to the Secretary,for purposes of the Secretary determining Covered Entity's compliance with the Privacy Rule. i)Business Associate agrees to document such disclosures of Protected Health Information and information related to such disclosures as would be required for Covered Entity to respond to a request by an Individual for an accounting of disclosures of Protected Health Information in accordance with 45 C.F.R.164.528 and any subsequent legislation or guidance regarding an individual's right to an accounting of the disclosures of his or her Protected Health Information,including but not limited to,the requirements of Sections 13405 of ARRA and the regulations thereunder.. j)Business Associate agrees to provide to Covered Entity,upon request and in the time and manner Required by Law,an accounting of disclosures of an individual's Protected Health Information, collected in accordance with Section 2(i)of this Agreement,to permit Covered Entity to respond to a request by an Individual for an accounting of disclosures of Protected Health Information in accordance with 45 C.F.R.164.528 and any subsequent legislation or guidance regarding an Individual's right to an accounting of the disclosures of his or her Protected Health Information,including,but not limited to,the requirements of Section 13405 of ARRA and the regulations thereunder.If Covered Entity requests an accounting of an Individual's Protected Health Information more than once in any twelve (12)month period.Business Associate will impose a reasonable fee for such accounting in accordance with 45 C.F.R. 164.528(c). k)Business Associate acknowledges that it shall request from the Covered Entity and so disclose to its affiliates,subsidiaries,agents and subcontractors or other third parties,only the minimum Protected Health Information necessary to perform or fulfill a specific function required or permitted hereunder in accordance with the Privacy Rules and Section 13405(b)of ARRA and any regulations thereunder. 1)Business Associate agrees to use commercially reasonable and appropriate safeguards,in accordance with the applicable requirements of 45 CFR Part 164 and any subsequent legislation or guidance,including,but not limited to the requirements of Section 13401 of ARRA and the regulations thereunder in order to maintain the security of the Electronic Protected Health Information and to prevent unauthorized uses or disclosures of such Electronic Protected Health Information.Business Associate shall report to the Covered Entity any Security Incident of which it becomes aware. m)If Business Associate conducts any Standard Transactions on behalf of Covered Entity, Business Associate shall comply with the applicable requirements of 45 C.F.R.Part 162. 3.Permitted Uses and Disclosures bv Business Associate 3 Packet Page 142 of 162 3.1 General Use and Disclosure Except as otherwise limited in this Agreement,Business Associate may use or disclose Protected Health Information to perform its obligations and services to Covered Entity,provided that such use or disclosure would not violate the Privacy Rule if done by Covered Entity. 3.2 Specific Use and Disclosure Provisions a)Except as otherwise limited in this Agreement,Business Associate may use Protected Health Information for the proper management and administration of the Business Associate or to carry out the legal responsibilities ofthe Business Associate. b)Except as otherwise limited in this Agreement,Business Associate may disclose Protected Health Information for the proper management and administration of the Business Associate,provided that disclosures are Required by Law,or Business Associate obtains reasonable assurances from the person to whom the information is disclosed that it will be held confidential and used or further disclosed only as Required by Law or for the purpose for which it was disclosed to the person,and the person notifies the Business Associate of any instances of which it is aware in which the confidentiality of the information has been breached. c)Business Associate may use Protected Health Information to provide data aggregation services to Covered Entity. 4.Obligations of Covered Entity. 4.1 Provisions for Covered Entity to Inform Business Associate of Privacy Practices and Restrictions a)Covered Entity shall provide Business Associate with the notice of privacy practices that Covered Entity produces in accordance with 45 C.F.R.§164.520,as well as any changes to that notice. b)Covered Entity shall provide Business Associate with any changes in,or revocation of, permission by Individual to use or disclose Protected Health Information,if such changes affect Business Associate's permitted or required uses and disclosures. c)Covered Entity shall notify Business Associate,in writing,of any restriction to the use or disclosure of Protected Health Information that Covered Entity has agreed to in accordance with 45 C.F.R.§164.522. d)Covered Entity acknowledges that it shall provide to,or request from,the Business Associate only the minimum Protected Health Information necessary for Business Associate to perform or fulfill a specific function required or permitted hereunder. 4.2 Permissible Requests by Covered Entity Covered Entity represents and warrants that it has the right and authority to disclose Protected Health Information to Business Associate for Business Associate to perform its obligations and provide services to Covered Entity,and Business Associate's use of the Protected Health Information to perform its obligations and provide services to Covered Entity requested by Covered Entity does not violate the 4 Packet Page 143 of 162 Privacy Rules.Covered Entity's privacy notice or any applicable law.Covered Entity shall not request Business Associate to use or disclose Protected Health Information in any manner that would not be permissible under the Privacy Rule if done by Covered Entity. 5.Term and Termination a)Term.The provisions of this Agreement shall take effect as of the Effective Date,and shall terminate when all of the Protected Health Information provided by Covered Entity to Business Associate,or created or received by Business Associate on behalf of Covered Entity,is destroyed or returned to Covered Entity.or,if it is infeasible to return or destroy Protected Health Information, protections are extended to such information,in accordance with the provisions in this Section. b)Termination for Cause.Upon the parties mutual agreement that there has been a material breach by Business Associate which does not arise from any breach by Covered Entity,Covered Entity shall provide an opportunity for Business Associate to cure the breach or end the violation and terminate this Agreement if Business Associate does not cure the breach or end the violation within a mutually agreeable time,or immediately terminate this Agreement if cure of such breach is not possible. c)Effect of Termination. 1)Except as provided in paragraph (2)of this section,upon termination ofthis Agreement,for any reason,Business Associate shall return or destroy all Protected Health Information received from Covered Entity,or created or received by Business Associate on behalf of Covered Entity.Business Associate shall request,in writing,Protected Health Information that is in the possession of subcontractors or agents of Business Associate. 2)In the event the Business Associate determines that returning or destroying the Protected Health Information is infeasible,Business Associate shall extend the protection of this Agreement to such Protected Health Information,limited to those purposes that make the return or destruction infeasible,for so long as Business Associate maintains such Protected Health Information. 6.Miscellaneous a)Regulatory References.A reference in this Agreement to a section in the Privacy Rule means the section as in effect or as amended,and for which compliance is required. b)Amendment.Upon the enactment of any law or regulation affecting the use or disclosure of Protected Health Information,or the publication of any decision of a court of the United States or any state relating to any such law or the publication of any interpretive policy or opinion of any governmental agency charged with the enforcement of any such law or regulation,either party may,by written notice to the other party,and by mutual agreement,amend the Agreement in such manner as such party determines necessary to comply with such law or regulation.If the other party disagrees with such amendment,it shall so notify the first party in writing within thirty (30)days of the notice.If the parties are unable to agree on an amendment within thirty (30)days thereafter,then either of the parties may terminate the Agreement on thirty (30)days written notice to the other party. c)Survival.The obligations of Business Associate under section 5(c)(2)of this Agreement shall survive the termination ofthis Agreement. 5 Packet Page 144 of 162 d)Interpretation.Any ambiguity in this Agreement shall be resolved in favor of a meaning that permits both parties to comply with the Privacy Rules,as amended by ARRA,and subsequent regulations.In the event of any inconsistency or conflict between this Agreement and any other agreement between the parties,the terms,provisions and conditions of this Agreement shall govern and control. e)No third party beneficiary.Nothing express or implied in this Agreement is intended to confer,nor shall anything herein confer.upon any person other than the parties and the respective successors or assigns of the parties,any rights,remedies,obligations,or liabilities whatsoever. f)Governing Law.This Agreement shall be governed by and construed in accordance with the laws of the State of Washington. Signature Page Follows] 6 Packet Page 145 of 162 IN WITNESS WHEREOF,the parties hereto have executed this Agreement. City of Edmonds On behalf of:City of Edmonds Health and Welfare Plans BY: Name: Title: BY: Name: Title: MERCER HEALTH &BENEFITS LLC Tobi Strevell Principal NAME OF CLIENT], NAMES OF PLAN(S)] 7 Packet Page 146 of 162 City of Edmonds UnitedHealthcare Medical Proposed Rates and Alternate Plan Designs Customer Name: City of Edmonds Effective Date: January 1, 2013 • The numbers below are on an illustrative basis. Rates are subject to Underwriting approval. Plan Name Product Option Plan Offering Multiple Option with: HRA or HSA Benefits* Office Copay (PCP/SPC) Other Copays (IP/ER/UC) Other Deductible Coinsurance Out-of-Pocket Pharmacy Deductible Coinsurance Out of Pocket Enrollment Employee Employee + Spouse Employee + Child Employee + Children Employee + Spouse + Child Employee + Spouse + Children Total Rates Employee Employee + Spouse Employee + Child Employee + Child(ren) Employee + Spouse + Child Employee + Spouse + Children Monthly Cost Annual Cost * The quoted rates include a Rate Cap of 12% for the January 1, 2014 renewal based on the following conditions; *Enrollment does not vary by more than 10% from this quote. *No change in Commissions or Premium Taxes used for this quote illustration. *The Rate Cap Guarantee does not include any potential known or unknown federal and state taxes and assessments from Patient Protection and Affordable Care Act (PPACA). The incremental cost of any PPACA expenses, as well as any other taxes or assessments will be added to the rate cap. *High level benefit summary. Please see your plan summary for more detailed benefit description. The numbers above are on an illustrative basis. Rates are subject to Underwriting approval. For markets moving to service fees, current rates (applicable for renewals only) include commission expenses. Proposed rates, for your convenience, include any applicable producer service fees. Producer service fees are not a contingency of obtaining insurance coverage but are fees agreed to between you (client) and your producer/service provider for service rendered on behalf of client. For markets continuing to pay commissions, both the current (applicable for renewals only) and proposed rates include commissions. $218,015 $619.05 $1,244.28 $1,176.19 $2,616,186 $1,801.42 $396.61 $1,267.40 $1,082.75 $789.23 $797.19 $1,516.65 $555.55 $1,116.66 $944.44 Rates (Billed)Rates (Billed) 50 150 150 70%70% 56 $1,000/$3,000 45 6EB-Pmod Rx Plan: S5-Mod1 / 3 Choice Plus * Insurance OPTION 1 $0/$0 Out of Network Single/Family $4/15/35 Multiple Option Option(s) <Enter #(s)> No Network Single/Family $1,000/$3,000 $10 Per Visit $150/N/A/N/A $0/$0 N/A Option(s) <Enter #(s)> No 6ER-Pmod (6ER) Rx Plan: S5-Mod1 / 3 Choice Plus * Insurance OPTION 2 Multiple Option Network Single/Family $250/$750 90%90% N/A Per Visit N/A/N/A/N/A N/A N/A Network Single/Family 80% 6WH-Pmod (6WH-P) Rx Plan: S5- Mod2 / 3 Choice Plus * Insurance OPTION 3 Multiple Option $500/$1,500 50% $3,000/$9,000 $5,000/$15,000 $10/20/50% $3,000/$9,000 $4/15/35 Out of Network Single/Family $250/$750 $1,500/$3,000 80% $5,000/$10,000 Sub. To Med Ded & Coin Network Single/Family N/A Option(s) <Enter #(s)> HSA N/A Per Visit N/A/N/A/N/A Option(s) <Enter #(s)> No 40 15 Out of Network Single/Family N/A Per Visit N/A/N/A/N/A $500/$1,500 $5,000/$15,000 45 C3Z-Pmod Rx Plan: H9-HSAMod / H9-HSA Choice Plus * Insurance OPTION 4 Multiple Option Out of Network Single/Family $1,500/$3,000 60% $5,000/$10,000 45 150 50 42 183 15 38 7 15 40 40 $1,601,104$1,915,983 $159,665 Option 3 Option 4Option 1 Option 2 50 Rates (Billed) $113,986 $933.14 $1,367,834 $674.24 $464.25 Rates (Billed) $133,425 Medical Proposed Rates and Alternate Plans 12 28 $922.38 $1,547.61 Page 1 of 2 10/17/2012 1:18 PM Packet Page 147 of 162 City of Edmonds UnitedHealthcare Medical Quote Assumptions Customer Name: City of Edmonds Effective Date: January 1, 2013 The rates quoted here are based on the following assumptions. Changes to these assumptions may result in an adjustment to rates or revocation of the quote. - Rates are guaranteed for the contract period of 1/1/13 through 12/31/13. - UnitedHealthcare is the only carrier offered. - UnitedHealthcare reserves the right to adjust the rates if the enrollment at issue varies by +/- 10% from the submitted census. - Employer contributes a minimum of 100% toward the employee only rates and 0% toward the dependent rates. - Requires a minimum participation level of 75% excluding spousal waivers and a minimum of 50% overall. - COBRA continuees make up 10% or less of covered employees. - Quote is subject to final underwriting which may have conditions. Additional paperwork and/or information may be required. - New divisions must be evaluated by UnitedHealthcare prior to their addition to the plan. - Renewals will be delivered 60 days prior to the anniversary date. - Rates and plan designs assume no changes in state or federal mandated benefits. - Unless otherwise stated, this offer replaces and renders all previous offers null and void. - Subject to approval of the Employer Form by UHC medical underwriting. - Quote includes Simply Engaged 2.0 UnitedHealthcare reserves the right to adjust the rates and/or fees (i) in the event of any changes in federal, state or other applicable legislation or regulation; (ii) in the event of any changes in Plan design required by the applicable regulatory authority (i.e. mandated benefits) or by the Plan Sponsor; and (iii) as otherwise permitted in our policy. This quote includes 4.00% commissions. Agents may receive commissions and other compensation from us for sale and solicitation of the products in this proposal and these costs may be directly or indirectly reflected in your premium (for fully insured business) or fee (for self funded business). Separately, in certain fully insured markets, you may have elected to contract with producers/service provider to provide services directly to your group health plan and have agreed to pay them a 'service fee'. Since 'service fees' are not a contingency of the purchase of health insurance such fees are not part of your premium but for your convenience may have been included in total amount due. Both agent compensation and producer/service provider compensation is subject to disclosure on Form 5500 for group health plans subject to ERISA. - Please refer to the vendor bank collateral for HRA/HSA account fee information. - HRA and HSA plans may include a non-embedded deductible and out of pocket. In that instance, no individual family member's deductible or out of pocket is considered satisfied until the full family deductible or out of pocket amount has been met. Pharmacy copays will only apply after the deductible has been satisfied on HRA/HSA plans with integrated medical/pharmacy deductibles. - Rates assume the Employer funds no more than 50% of the HSA/HRA deductible. UnitedHealthcare reserved the right to adjust rates if this assumption changes. - HSA accounts must be paired with qualified HDHPs as determined under section 223 of the Internal Revenue Code - For calendar year 2011, the HDHP annual deductible cannot be less than $1,200 for self-only coverage or $2,400 for family coverage - Medical and pharmacy expenses covered under an HSA program are not eligible for reimbursement under an FSA program - Funds in the HSA account continue to accumulate and are fully portable to another HSA account. - Any unused HRA funds can be rolled over to next year's HRA, but are not portable as a cash out option. - Only medical expenses covered under the medical plan are reimbursable from the HRA. Medical Quote Assumptions HRA/HSA Assumptions (If Applicable) Medical Quote Assumptions Page 2 of 2 10/17/2012 1:18 PM Packet Page 148 of 162 City of Edmonds UnitedHealthcare Medical Proposed Rates and Alternate Plan Designs Customer Name: City of Edmonds Effective Date: January 1, 2013 • The numbers below are on an illustrative basis. Rates are subject to Underwriting approval. Plan Name Product Plan Offering HRA or HSA Benefits* Office Copay (PCP/SPC) Other Copays (IP/ER/UC) Other Deductible Coinsurance Out-of-Pocket Pharmacy Deductible Coinsurance Out of Pocket Rates LEOFF1 Active LEOFF1 Retired not on Medicare Parts A & B LEOFF1 Retired On Medicare Parts A & B *High level benefit summary. Please see your plan summary for more detailed benefit description. The numbers above are on an illustrative basis. Rates are subject to Underwriting approval. For markets moving to service fees, current rates (applicable for renewals only) include commission expenses. Proposed rates, for your convenience, include any applicable producer service fees. Producer service fees are not a contingency of obtaining insurance coverage but are fees agreed to between you (client) and your producer/service provider for service rendered on behalf of client. For markets continuing to pay commissions, both the current (applicable for renewals only) and proposed rates include commissions. Option 7 Option 8LEOFF1Option 6 OPTION 8 0 0 OPTION 6 0 OPTION 7 N/A No Network Single/FamilyNetwork Single/Family N/A $0 Per Visit N/A/N/A/N/A N/A 100% Out of Network Single/Family Choice * Insurance 7DD-Pmod Rx Plan: S5-Mod3 / 3 $375 Per Member $4/15/15 N/A Rates (Billed) Out of Network Single/Family N/A N/A Rates (Billed)Rates (Billed)Rates (Billed) Network Single/Family Network Single/Family Out of Network Single/FamilyOut of Network Single/Family $0 $1,577.59 Medical Proposed Rates and Alternate Plans $927.28 Multiple Option $927.28 N/A N/A $0$0 Page 1 of 2 10/24/2012 2:18 PM Packet Page 149 of 162 City of Edmonds UnitedHealthcare Medical Quote Assumptions Customer Name: City of Edmonds Effective Date: January 1, 2013 The rates quoted here are based on the following assumptions. Changes to these assumptions may result in an adjustment to rates or revocation of the quote. - Rates are guaranteed for the contract period of 1/1/13 through 12/31/13. - UnitedHealthcare is the only carrier offered. - UnitedHealthcare reserves the right to adjust the rates if the enrollment at issue varies by +/- 10% from the submitted census. - Employer contributes a minimum of 100% toward the employee only rates and 0% toward the dependent rates. - Requires a minimum participation level of 75% excluding spousal waivers and a minimum of 50% overall. - COBRA continuees make up 10% or less of covered employees. - Quote is subject to final underwriting which may have conditions. Additional paperwork and/or information may be required. - New divisions must be evaluated by UnitedHealthcare prior to their addition to the plan. - Renewals will be delivered 60 days prior to the anniversary date. - Rates and plan designs assume no changes in state or federal mandated benefits. - Unless otherwise stated, this offer replaces and renders all previous offers null and void. - Subject to approval of the Employer Form by UHC medical underwriting. - Quote includes Simply Engaged 2.0 UnitedHealthcare reserves the right to adjust the rates and/or fees (i) in the event of any changes in federal, state or other applicable legislation or regulation; (ii) in the event of any changes in Plan design required by the applicable regulatory authority (i.e. mandated benefits) or by the Plan Sponsor; and (iii) as otherwise permitted in our policy. This quote includes 4.00% commissions. Agents may receive commissions and other compensation from us for sale and solicitation of the products in this proposal and these costs may be directly or indirectly reflected in your premium (for fully insured business) or fee (for self funded business). Separately, in certain fully insured markets, you may have elected to contract with producers/service provider to provide services directly to your group health plan and have agreed to pay them a 'service fee'. Since 'service fees' are not a contingency of the purchase of health insurance such fees are not part of your premium but for your convenience may have been included in total amount due. Both agent compensation and producer/service provider compensation is subject to disclosure on Form 5500 for group health plans subject to ERISA. - Please refer to the vendor bank collateral for HRA/HSA account fee information. - HRA and HSA plans may include a non-embedded deductible and out of pocket. In that instance, no individual family member's deductible or out of pocket is considered satisfied until the full family deductible or out of pocket amount has been met. Pharmacy copays will only apply after the deductible has been satisfied on HRA/HSA plans with integrated medical/pharmacy deductibles. - Rates assume the Employer funds no more than 50% of the HSA/HRA deductible. UnitedHealthcare reserved the right to adjust rates if this assumption changes. - HSA accounts must be paired with qualified HDHPs as determined under section 223 of the Internal Revenue Code - For calendar year 2011, the HDHP annual deductible cannot be less than $1,200 for self-only coverage or $2,400 for family coverage - Medical and pharmacy expenses covered under an HSA program are not eligible for reimbursement under an FSA program - Funds in the HSA account continue to accumulate and are fully portable to another HSA account. - Any unused HRA funds can be rolled over to next year's HRA, but are not portable as a cash out option. - Only medical expenses covered under the medical plan are reimbursable from the HRA. HRA/HSA Assumptions (If Applicable) Medical Quote Assumptions Medical Quote Assumptions Page 2 of 2 10/24/2012 2:18 PM Packet Page 150 of 162 City of Edmonds UnitedHealthcare Medical Proposed Rates and Alternate Plan Designs Customer Name: City of Edmonds - Retirees No Medicare Effective Date: January 1, 2013 • The numbers below are on an illustrative basis. Rates are subject to Underwriting approval. Plan Name Product HRA or HSA Benefits* Office Copay (PCP/SPC) Other Copays (IP/ER/UC) Other Deductible Coinsurance Out-of-Pocket Pharmacy Deductible Coinsurance Out of Pocket Rates Employee Employee + Spouse Employee + Child Employee + Child(ren) Employee + Spouse + Child Employee + Spouse + Child(ren) *High level benefit summary. Please see your plan summary for more detailed benefit description. The numbers above are on an illustrative basis. Rates are subject to Underwriting approval. For markets moving to service fees, current rates (applicable for renewals only) include commission expenses. Proposed rates, for your convenience, include any applicable producer service fees. Producer service fees are not a contingency of obtaining insurance coverage but are fees agreed to between you (client) and your producer/service provider for service rendered on behalf of client. For markets continuing to pay commissions, both the current (applicable for renewals only) and proposed rates include commissions. $1,347.02 Medical Proposed Rates and Alternate Plans $2,811.22 $1,761.51 $3,210.50 N/A $671.29 $1,406.92 $4,000/$8,000 $12,000/$24,000 $1,536.95 $1,687.31 Network Single/Family Network Single/Family N/A/N/A/N/A 80% Out of Network Single/Family $10/30/50 Out of Network Single/Family $4,000/$8,000 N/A $4,000/$8,000 $1,500/$3,000 $2,000/$4,000 $1,500/$3,000 80% $1,403.01$700.60 $1,604.92 $3,546.56 $10/30/50 80% $6,000/$12,000 Rates (Billed)Rates (Billed)Rates (Billed) $6,000/$12,000 7IB-P Rx Plan: H9 / 236WI-P (6WI-P) Rx Plan: H9 / 23 Choice Plus * Insurance 60%60% N/A Per Visit Non-Differential PPO * Insurance 6WN-P (6WN-P) Rx Plan: H9 / 23 Choice Plus * Insurance $2,000/$4,000 $1,000/$2,000 80% $6,000/$12,000 Out of Network Single/Family N/A $10/30/50 N/A Per Visit N/A/N/A/N/A No NoNo Network Single/Family Option 1 Option 2 Option 3 N/A Per Visit N/A/N/A/N/A $898.61 $1,055.20 $861.22 $1,011.58 $1,802.28 $2,138.34 Page 1 of 2 10/24/2012 2:19 PM Packet Page 151 of 162 City of Edmonds UnitedHealthcare Medical Quote Assumptions Customer Name: City of Edmonds Effective Date: January 1, 2013 The rates quoted here are based on the following assumptions. Changes to these assumptions may result in an adjustment to rates or revocation of the quote. - Rates are guaranteed for the contract period of 1/1/13 through 12/31/13. - UnitedHealthcare is the only carrier offered. - UnitedHealthcare reserves the right to adjust the rates if the enrollment at issue varies by +/- 10% from the submitted census. - Employer contributes a minimum of 100% toward the employee only rates and 0% toward the dependent rates. - Requires a minimum participation level of 75% excluding spousal waivers and a minimum of 50% overall. - COBRA continuees make up 10% or less of covered employees. - Quote is subject to final underwriting which may have conditions. Additional paperwork and/or information may be required. - New divisions must be evaluated by UnitedHealthcare prior to their addition to the plan. - Renewals will be delivered 60 days prior to the anniversary date. - Rates and plan designs assume no changes in state or federal mandated benefits. - Unless otherwise stated, this offer replaces and renders all previous offers null and void. - Subject to approval of the Employer Form by UHC medical underwriting. - Quote includes Simply Engaged 2.0 UnitedHealthcare reserves the right to adjust the rates and/or fees (i) in the event of any changes in federal, state or other applicable legislation or regulation; (ii) in the event of any changes in Plan design required by the applicable regulatory authority (i.e. mandated benefits) or by the Plan Sponsor; and (iii) as otherwise permitted in our policy. This quote includes 4.00% commissions. Agents may receive commissions and other compensation from us for sale and solicitation of the products in this proposal and these costs may be directly or indirectly reflected in your premium (for fully insured business) or fee (for self funded business). Separately, in certain fully insured markets, you may have elected to contract with producers/service provider to provide services directly to your group health plan and have agreed to pay them a 'service fee'. Since 'service fees' are not a contingency of the purchase of health insurance such fees are not part of your premium but for your convenience may have been included in total amount due. Both agent compensation and producer/service provider compensation is subject to disclosure on Form 5500 for group health plans subject to ERISA. - Please refer to the vendor bank collateral for HRA/HSA account fee information. - HRA and HSA plans may include a non-embedded deductible and out of pocket. In that instance, no individual family member's deductible or out of pocket is considered satisfied until the full family deductible or out of pocket amount has been met. Pharmacy copays will only apply after the deductible has been satisfied on HRA/HSA plans with integrated medical/pharmacy deductibles. - Rates assume the Employer funds no more than 50% of the HSA/HRA deductible. UnitedHealthcare reserved the right to adjust rates if this assumption changes. - HSA accounts must be paired with qualified HDHPs as determined under section 223 of the Internal Revenue Code - For calendar year 2011, the HDHP annual deductible cannot be less than $1,200 for self-only coverage or $2,400 for family coverage - Medical and pharmacy expenses covered under an HSA program are not eligible for reimbursement under an FSA program - Funds in the HSA account continue to accumulate and are fully portable to another HSA account. - Any unused HRA funds can be rolled over to next year's HRA, but are not portable as a cash out option. - Only medical expenses covered under the medical plan are reimbursable from the HRA. Medical Quote Assumptions HRA/HSA Assumptions (If Applicable) Medical Quote Assumptions Page 2 of 2 10/24/2012 2:19 PM Packet Page 152 of 162    AM-5211     6.              City Council Meeting - Budget Work Session Meeting Date:10/30/2012 Time:15 Minutes   Submitted For:Dave Earling Submitted By:Carolyn LaFave Department:Mayor's Office Review Committee: Committee Action:  Type: Action  Information Subject Title Discussion regarding the Voluntary Separation Incentive Program. Recommendation Council approve program and incentive payouts for those volunteering to separate from the city. Previous Council Action Previous discussions with Mayor since August 2012. Narrative In an effort to accommodate budgetary constraints, the Mayor announced a one-time limited offer for employees to voluntarily separate from the city in exchange for a small incentive (Voluntary Separation Incentive Program, or VSIP). The VSIP aims to reduce the City’s overall salary costs by reducing FTE levels, while minimizing impacts on service level to citizens. This program gives City departments the option to offer incentives to employees to voluntarily separate from employment, either through retirement or resignation.  There were nine employees that applied for the program, and six that were accepted given the program criteria outlined in the attached document (Program Announcement). After the initial acceptance, one member revoked his application.  There has been numerous reorganizing city wide to accommodate the separations of these individuals. This will create some efficiencies, significant ongoing savings to the general fund, and the ability to minimize impacts on service level to citizens.  The total payout for these employees is attached (VSIP Budget expenditure). The total overall ongoing savings will be $575,491 per year.  Attachments Program Announcement VSIP Budget Expenditure Packet Page 153 of 162 Form Review Inbox Reviewed By Date Finalize for Agenda Sandy Chase 10/24/2012 03:37 PM Mayor Dave Earling 10/25/2012 04:46 PM Form Started By: Carolyn LaFave Started On: 10/23/2012 08:09 AM Final Approval Date: 10/25/2012  Packet Page 154 of 162 City of Edmonds Voluntary Separation Incentive Program (VSIP) Purpose In an effort to accommodate budgetary constraints, the VSIP aims to reduce the City’s overall salary costs by reducing FTE levels, while minimizing impacts on service level to citizens. This program gives City departments the option to offer incentives to employees to voluntarily separate from employment, either through retirement or resignation. Basic Provisions Voluntary separation shall not be targeted on the basis of individual or personal factors. Employees wishing to be considered must apply for participation. Selection and approval for participation will be at the sole discretion of the City. Whether the employee is a full or partial FTE, the employee must be separating entirely from employment with the City of Edmonds. The incentive is not available for current employees whose positions would be reduced but not eliminated. Employees who are accepted into the VSIP will be required to sign a Voluntary Separation and Release Agreement (Separation Agreement) indicating that their decision to participate in the program is entirely voluntary and that they fully understand the Separation Agreement. In order to be approved for participation, the employee’s separation from employment must result in a quantified, on-going savings to the City in the form of force reduction. All Separation Agreements shall be subject to City Council approval. Program Benefits An employee who applies to participate in the VSIP, is accepted into the program, and has an approved pending separation date on or prior to December 31, 2012 will receive one of the following at the election of the employee: • 0-5 Years of Service o Three months salary, OR o Two months salary plus 50% COBRA health benefits for nine months, OR o Two months salary plus 75% COBRA health benefits for six months. • 6-10 Years of Service o Four months salary, OR o Three months salary plus 50% COBRA health benefits for nine months, OR o Three months salary plus 75% COBRA health benefits for six months. • 11-15 Years of Service o Five months salary, OR o Four months salary plus 50% COBRA health benefits for nine months, OR o Four months salary plus 75% COBRA health benefits for six months. • >15 Years of Service o Six months salary, OR o Five months salary plus 50% COBRA health benefits for nine months, OR o Five months salary plus 75% COBRA health benefits for six months. Packet Page 155 of 162 2 | Page If the employee is a partial FTE, any payment under this program will be pro-rated accordingly. Applications to Participate Applications to participate in the VSIP must be submitted in writing to the Mayor, either by letter or through email, on or before August 1, 2012. Applications shall consist of your name, department and position, and a brief statement describing the basis of your interest in participating in the program. Should preliminary screening criteria be met, an individual conference may be arranged to discuss whether an individual applicant’s position is appropriately included in the program. Please note that applications submitted after August 1, 2012 will not be considered. Limited Time Offering This is a one-time, non-precedent-setting offer, specific to the need to balance the 2013 budget. This program is not retroactive for those individuals who have already retired or separated from the City, and is not available for those employees who have previously informed the City of their intent to retire or separate from City employment. This voluntary program is a management tool, not an employee right. No employee shall have a contractual right to participate in this program. Labor Agreements Participation for employees covered by a Collective Bargaining Agreement depends on the provisions of that agreement and is subject to the employment rights and seniority provisions as may be contained in the applicable Agreement. It is recognized that any reduction in force may require impacts bargaining with the respective bargaining unit representatives. Nothing herein shall be construed to conflict with the provisions of a collective bargaining agreement with the City. Program Approval The Mayor or designee, in consultation with the employee’s Department Director, the Finance Director and Human Resources, will decide whether to approve an employee’s request for participation. Once approval is extended, and the employee is offered a Separation Agreement, the employee will be given 45 days to consider the Separation Agreement, but may sign at any point during this period. Upon signing, an employee will have an additional seven calendar days to revoke their decision. After the seven day period has expired, the Agreement will be sent to the City Council for approval. The Mayor will make good faith efforts to advise all applicants of their individual status on or before Friday, August 17, 2012. Approval Criteria City approval for participation is subject to consideration of the following criteria: • Ongoing (beyond 2012) reduction of a full or partial FTE, resulting in ongoing reduction in compensation costs that accrue primarily to the general fund. • Reduction of the FTE may come as a result of reorganization of the work, realignment or elimination of the work or service or a posting sequence that results in a vacancy which can be eliminated. • Retention of adequate levels of skilled, talented workers in needed occupations and locations. • Retention of positions, occupations and skills that are critical to achieving the department’s Packet Page 156 of 162 3 | Page mission, priorities and continuing operational or service needs. • Difficulty or cost of replacing employees with particular skill requirements or in certain locations. • Potential disruption due to the overall loss of experienced workers. • If the Mayor has requests from multiple employees in the same job classification who each meet the criteria, the Mayor will approve the request of the person who has been continuously employed by the City for the longest period of time, unless other terms or processes are governed by a Collective Bargaining Agreement. • Overall cost of the VSIP program, given the number of employees requesting to participate. Parameters & Eligibility for the VSIP • Application to the program is entirely voluntary. • To be eligible for this program, the employee must be a regular-status, non-probationary employee. • For every approved employee accepted into the VSIP, a position within that Department that is funded, or primarily funded, by the general fund must be identified for elimination. The position must be one that can be eliminated or enable the department to reorganize such that another position could be eliminated to achieve cost savings. Notice or Advisement • The VSIP will be subject to the availability of funds for this purpose. The City reserves the right to suspend or close the program at any time. • Employees approved for the VSIP program will not be placed on the City’s layoff registers (recall list) and are not eligible for rehire as regular, benefited employees, unless a specific exemption is granted by the Mayor or through negotiation with a respective bargaining unit. • The City will cash out any leave accruals per applicable City policy and/or the terms of any applicable Collective Bargaining Agreement. • Any payments issued under the program will have all applicable withholdings (MEBT and Federal Income Tax) taken from the payment. • VSIP participation may be subject to the applicable provisions of the Collective Bargaining Agreement and may further be subject to the impacts bargaining process as identified in any applicable Agreement. Unemployment Benefits Anyone can apply with the Washington State Employment Security Department (ESD), who will consider each claim on a case by case basis. However, ESD may not consider a separation under a voluntary program as a qualifying event for purposes of filing for unemployment benefits due to the voluntary nature. Any filing for, claim or approval for unemployment benefits is strictly between the employee and ESD in regard to a determination of eligibility for such benefits. Under law, the City will be required to respond to unemployment claims information, including the identification of the voluntary nature of participation and of any incentives paid. Repayment Following a separation payment under this program, any employee who returns to City service within three years, under an exemption as outlined above (as a regular or temporary benefitted employee), must repay the separation payment on a pro-rata basis as determined by the Mayor. An exception to this provision may be granted provided the department seeking to hire the former employee has written approval from the Mayor prior to the date of hire. Exceptions granted to this Packet Page 157 of 162 4 | Page provision may require partial repayment of the incentive paid on a pro-rata basis or other basis, at the determination of the Mayor. Approval of the employee to work as an On-Call / Seasonal employee or as a Contractor within three years shall also require specific written approval by the Mayor, which also may require some partial repayment unless waived. Additional Information about the Program Please contact Carrie Hite, Human Resources (x1343), or Mary Ann Hardie, HR Manager (x1348). Packet Page 158 of 162 City of Edmonds VSIP Employee Applications Estimates as of 10/16/2012 Total Cost (with Leave Payout) Hours Paid Months Total Cost Salary Only Salary Only Out at Years of Payout of Leave Payout Option Payout Option Employee Salary Benefits Total Fund Separation Service Eligible For Payout (with Benefits)(with Benefits) Office Supervisor, Park & Recs Department 64,503$ 24,954$ 89,457$ 001 - General Fund 440.0 23.8 6 15,814.83 37,380.53$ 53,195.36$ Administrative Assistant, WWTP 60,664 26,096 86,760 411 - Combined Utility 286.9 20.2 6 9,700.54 35,160.40 44,860.94 CIO, Finance Department 95,637 34,066 129,703 001 - General Fund 161.1 5.6 4 8,423.94 36,265.76 44,689.70 Building Official, Development Services Dept.*99,215 30,362 129,577 001 - General Fund 130.5 2.3 3 7,155.03 28,747.55 35,902.57 Administrative Sergeant, Police Department 105,942 34,052 139,994 001 - General Fund 258.9 31.0 6 14,438.92 61,393.39 75,832.31 425,961$ 149,530$ 575,491$ 55,533.25$ 198,947.62$ 254,480.88$ 001 - General Fund 488,731$ 001 - General Fund 163,787.23$ 209,619.94$ 411 - Combined Utility Fund 86,760 411 - Combined Utility Fund 35,160.40 44,860.94 Total Budget Savings 575,491$ Total Estimated Cost of Payout 198,947.62$ 254,480.88$ * 2013 Rate (Separation effective 3/31/13) 2012 Adopted Budget Packet Page 159 of 162    AM-5212     7.              City Council Meeting - Budget Work Session Meeting Date:10/30/2012 Time:3 Hours   Submitted For:Shawn Hunstock Submitted By:Shawn Hunstock Department:Finance Review Committee: Committee Action:  Type: Information  Information Subject Title Budget Work Session Recommendation N.A. For discussion only at this time. Previous Council Action The Council was presented with the 2013 Proposed Budget on 10/16/12. Council also conducted a budget work session on 10/23/12. Narrative Finance Director Shawn Hunstock will assist the City Council with a review of the following sections of the 2013 Proposed Budget: Police Department Human Resources Parks, Recreation and Cultural Services Public Works All associated divisions and/or other funds that these departments are responsible for will also be discussed at the same time. A complete budget review schedule was distributed to Council electronically. Fiscal Impact Fiscal Year:2013 Revenue:$66,426,307 Expenditure:$78,708,399 Fiscal Impact: Attachments Budget Review Schedule Packet Page 160 of 162 Form Review Inbox Reviewed By Date City Clerk Sandy Chase 10/23/2012 01:45 PM Mayor Dave Earling 10/23/2012 01:47 PM Finalize for Agenda Sandy Chase 10/24/2012 03:36 PM Form Started By: Shawn Hunstock Started On: 10/23/2012 11:25 AM Final Approval Date: 10/24/2012  Packet Page 161 of 162 20 1 3  Bu d g e t  Re v i e w  Sc h e d u l e Bu d g e t  Ov e r v i e w Po l i c e  De p a r t m e n t To t a l  Re v e n u e s  an d  Ex p e d i t u r e s ,  al l  fu n d s Sh a w n Po l i c e  (G F  ‐   al l  di v i s i o n s ) Al Ma j o r  bu d g e t  as s u m p t i o n s Sh a w n Dr u g  En f o r c e m e n t  Fu n d  (1 0 4 ) Al Pr o p e r t y  ta x  an d  sa l e s  ta x  di s c u s s i o n Sh a w n Hu m a n  Re s o u r c e s Carrie St a f f i n g  by  de p a r t m e n t ,  by  ye a r Sh a w n Pa r k s  an d  Re c r e a t i o n Ci t y  Co u n c i l Sh a w n / S t r o m Pa r k s  (G F  ‐   al l  di v i s i o n s ) Carrie Ma y o r ' s  Of f i c e Mu n i c i p a l  Ar t s  Ac q  Fu n d  (1 1 7 ) Carrie Ma y o r ' s  Of f i c e Sh a w n / D a v e Me m o r i a l  St r e e t  Tr e e  Fu n d  (1 1 8 ) Carrie Em p l o y e e  Pa r k i n g  Pe r m i t  Fu n d  (1 2 1 ) Sh a w n Ed m o n d s  Yo u t h  Sc h o l a r s h i p  Fu n d  (1 2 2 ) Carrie Si s t e r  Ci t y  Co m m i s s i o n  (1 3 8 ) Sh a w n To u r i s m  Pr o m o t i o n / A r t s  Fu n d  (1 2 3 ) Carrie Fi r e  Pe n s i o n  Fu n d  (6 1 7 ) Sh a w n RE E T  2  Pa r k s  Im p r o v e  (1 2 5 ) Carrie/Phil Ci t y  Cl e r k Sa n d y RE E T  1  Sp e c i a l  Ca p i t a l / P a r k s  Ac q  (1 2 6 ) Carrie/Phil Ci t y  At t o r n e y Je f f Gi f t s  Ca t a l o g  Fu n d  (1 2 7 ) Carrie Mu n i c i p a l  Co u r t Do u g Ce m e t e r y  Ma i n t / I m p .  Fu n d  (1 3 0 ) Carrie CS E D Pa r k s  Co n s t r u c t i o n  (1 3 2 ) Carrie Co m m u n i t y  Se r v i c e s St e p h e n Pa r k s  Tr u s t  Fu n d  (1 3 6 ) Carrie Ec o n o m i c  De v e l o p m e n t St e p h e n Ce m e t e r y  Ma i n t .  Tr u s t  Fu n d  (1 3 7 ) Carrie Mu l t i m o d a l  Tr a n s p o r t a t i o n  Fu n d  (0 1 3 ) St e p h e n Pu b l i c  Wo r k s Ho t e l / M o t e l  Ta x  Fu n d  (1 2 0 ) St e p h e n Ad m i n i s t r a t i o n Phil Fi n a n c e  an d  In f o r m a t i o n  Se r v i c e s En g i n e e r i n g Phil Fi n a n c e Sh a w n Fa c i l i t i e s  Ma i n t e n a n c e Phil Fi b e r  Op t i c Ca r l Bu i l d i n g  Ma i n t e n a n c e  Fu n d  (0 1 6 ) Phil In f o r m a t i o n  Se r v i c e s Ca r l St r e e t  Fu n d  (1 1 1 ) Phil No n ‐De p a r t m e n t a l Sh a w n St r e e t  Co n s t r u c t i o n / I m p  Fu n d  (1 1 2 ) Phil LE O F F  Me d i c a l  In s u r a n c e  Re s e r v e  Fu n d  (0 0 9 ) Sh a w n Sp e c i a l  Pr o j e c t s  Fu n d  (1 2 9 ) Phil/Carrie Ri s k  Ma n a g e m e n t  Re s e r v e  Fu n d  (0 1 1 ) Sh a w n Tr a n s p o r t a t i o n  Be n e f i t  Di s t r i c t  (1 3 9 ) Phil Co n t i n g e n c y  Re s e r v e  Fu n d  (0 1 2 ) Sh a w n Wa t e r  Ut i l i t y  Fu n d  (4 2 1 ) Phil LI D  Fu n d  Co n t r o l  (2 1 1 ) Sh a w n St o r m  Ut i l i t y  Fu n d  (4 2 2 ) Phil LI D  Gu a r a n t e e  Fu n d  (2 1 3 ) Sh a w n Se w e r / W W T P  Fu n d  (4 2 3 ) Phil 20 0 2  LT G O  Bo n d  Fu n d  (2 3 4 ) Sh a w n Eq u i p m e n t  Re n t a l  Fu n d  (5 1 1 ) Phil De v e l o p m e n t  Se r v i c e s Pl a n n i n g Ro b Bu i l d i n g Ro b Ad m i n i s t r a t i o n Ro b Oc t o b e r  23 r d Oc t o b e r  30 t h Pa c k e t Pa g e 16 2 of 16 2