The URL can be used to link to this page

2009.11.10 CC Committee Meetings Agenda PacketAGENDA City Council Committee Meetings Council Chambers, Public Safety Complex 250 5th Avenue North, Edmonds November 10, 2009 6:00 p.m. The City Council Committee meetings are work sessions for the City Council and staff only. The meetings are open to the public but are not public hearings. The Committees will meet in separate meeting rooms as indicated below. 1. Community/Development Services Committee Location: Council Chambers A. AM-2586 (10 Minutes) Olympic View Drive sewer connection fee ordinance. B. AM-2592 (15 Minutes) Regulations concerning bikini barista stands. 2.Finance Committee Location: Jury Meeting Room A. AM-2587 (10 Minutes) Alderwood water supply contract update. B. AM-2594 (10 Minutes) Final Ordinance amending the 2009 Budget. C. AM-2589 (10 Minutes) General Fund Report for the month ending October 31, 2009. D. AM-2595 (10 Minutes) Mid-biennial budget review and modification. E. AM-2590 (10 Minutes) Finding of Substantial Need Resolution; Property Tax Ordinance. 3.Public Safety Committee Location: Police Training Room A. AM-2582 (10 Minutes) Contract for Jail Services with Snohomish County Sheriff's Office. B. AM-2558 (10 Minutes) Contract With S. Morris Company for Animal Disposal Services. C. AM-2581 (5 Minutes) Renewing the Towing Contract with Paulson's Towing, R&R Towing, Shannon Towing, and Wally's Towing. D. AM-2583 (10 Minutes) Repeal of Ordinance 3706 and Code Chapter 5.65, EMS Transport Charges. E. AM-2585 (10 Minutes) Ordinance modifying certain Fire provisions in the City Code. Packet Page 1 of 133 AM-2586 1.A. Olympic View Drive Sewer Connection Fee Ordinance City Council Committee Meetings Date:11/10/2009 Submitted By:Robert English Time:10 Minutes Department:Engineering Type:Information Committee:Community/Development Services Information Subject Title Olympic View Drive sewer connection fee ordinance. Recommendation from Mayor and Staff Forward to Council for review and approval. Previous Council Action On October 14, 2003, Staff briefed the Community Services/Development Services (CS/DS) Council Committee on the proposed special connection fee. On November 10, 2003, Staff provided an update to the CS/DS Committee. On May 4, 2004, Council directed Staff to proceed with development and implementation of special connection fees for private properties within the Olympic View Drive Improvement Project. Narrative The City of Lynnwood is nearing completion on their Phase 2 improvements to Olympic View Drive (OVD) between 76th Ave W to 178th Pl SW. The Phase 1 OVD improvements from 178th Pl SW to 168th St. SW were completed in 2009. There are 13 private properties in the City of Edmonds that abut OVD within the Phase 1 and 2 project limits that are not presently connected to the sewer system. These properties are as follows: - Category A: 7101, 7109, 7115, 7327, 7333 and 7519 Olympic View Drive (see Exhibit 1) - Category B: 17632, 17708, 17626, 17806, 17810, 17910, and the unaddressed property between 17810 and 17910 OVD (see Exhibit 2) Category A properties: The phase 2 OVD improvements installed new sewer laterals from the City of Lynnwood sewer main to the edge of the OVD right of way. The property owners in this category can now connect to the public sewer system by installing a side sewer on their property from their home to the new sewer lateral constructed by the City. In accordance with ECDC 18.10.010, the proposed Ordinance requires that the connection be made within 60 days of the completion of the OVD phase 2 project. The phase 2 project is expected to be completed in the first quarter of 2010. Packet Page 2 of 133 Category B properties: These properties present a different situation than the Category A properties. These properties are all located abutting Olympic View Drive north of 180th Street SW. There is no sewer line (either Edmonds or Lynnwood) along Olympic View Drive abutting these properties. For these properties, a manhole and stub pipe was constructed to facilitate a future sewer collector that would serve these properties. Therefore, the Category B properties north of 180th Street SW will not be required to connect to the sewer system within 60 days per ECDC 18.10.010. The special connection fee will be deferred until the future sewer collector (or a portion thereof) is built to allow connection to the sewer system. Connection could occur at the time their septic system fails, they develop their property or they choose to connect for some other reason. The special connection fee paid by the property owners will be increased for inflation at the time of connection. In May 2004, the City Council directed staff to proceed with constructing sewer improvements to serve the referenced private properties in both phases of the OVD project and establish the special connection fee to reimburse the sewer utility fund for the costs related to this work. Development of the special connection fee was to be based on the actual design and construction costs. Since the OVD sewer construction work is complete, the City can now proceed with implementation of the special connection fee for the Category A and B properties. Below is a summary of costs for each connection fee: Category A: Total Design Cost = $5,700 Total Construction Cost = $18,989.47 6 properties Special Connection Fee per Property (Category A): Design $950 Construction TBD* Connection Charge $730 Side Sewer Permit/Inspection $95 Connection Fee $TBD *TBD – To be determined. Staff is in the process of preparing this number based on the actual construction costs provided by the City of Lynnwood. Category B: Total Design Cost = $7,000 Total Construction Cost = $27,529.92 7 properties Special Connection Fee per Property (Category B): Design $1,000 Construction $3,932.85 Connection Charge $730 Side Sewer Permit/Inspection $95 Packet Page 3 of 133 Connection Fee $5,757.85 The proposed draft Ordinance will implement the special sewer connection fee and timelines for connection for both Category A and B properties. A public hearing will be required prior to the Council adopting the Ordinance. Staff will also send a notification letter to each Category A and B property owner letting them know about the public hearing and that the Council will be reviewing the Ordinance for possible adoption. Staff is planning to schedule the public hearing in either December or January 2010. Fiscal Impact Attachments Link: Exhibits 1 & 2 Link: OVD Ordinance Form Routing/Status Route Seq Inbox Approved By Date Status 1 Engineering Robert English 11/05/2009 04:54 PM APRV 2 Public Works Noel Miller 11/06/2009 07:59 AM APRV 3 City Clerk Sandy Chase 11/06/2009 08:21 AM APRV 4 Mayor Gary Haakenson 11/06/2009 08:23 AM APRV 5 Final Approval Sandy Chase 11/06/2009 08:27 AM APRV Form Started By: Robert English Started On: 11/04/2009 04:36 PM Final Approval Date: 11/06/2009 Packet Page 4 of 133 Packet Page 5 of 133 Packet Page 6 of 133 Packet Page 7 of 133 Packet Page 8 of 133 Packet Page 9 of 133 Packet Page 10 of 133 Packet Page 11 of 133 Packet Page 12 of 133 AM-2592 1.B. Regulations Concerning Bikini Barista Stands City Council Committee Meetings Date:11/10/2009 Submitted By:Sandy Chase Submitted For:Councilmember Dave Orvis Time:15 Minutes Department:City Clerk's Office Type:Information Committee:Community/Development Services Information Subject Title Regulations concerning bikini barista stands. Recommendation from Mayor and Staff Previous Council Action N/A Narrative Councilmember Orvis requested this topic be placed on the agenda for discussion. The City of Everett recently adopted an ordinance related to this topic. Attached is a copy of the ordinance. Fiscal Impact Attachments Link: City of Everett Ordinance Form Routing/Status Route Seq Inbox Approved By Date Status 1 City Clerk Sandy Chase 11/05/2009 02:53 PM APRV 2 Mayor Gary Haakenson 11/06/2009 08:23 AM APRV 3 Final Approval Sandy Chase 11/06/2009 08:27 AM APRV Form Started By: Sandy Chase Started On: 11/05/2009 02:37 PM Final Approval Date: 11/06/2009 Packet Page 13 of 133 Packet Page 14 of 133 Packet Page 15 of 133 Packet Page 16 of 133 Packet Page 17 of 133 Packet Page 18 of 133 AM-2587 2.A. Alderwood Water Supply Contract Update City Council Committee Meetings Date:11/10/2009 Submitted By:Kim Karas Submitted For:Noel Miller Time:10 Minutes Department:Public Works Type:Information Committee:Finance Information Subject Title Alderwood water supply contract update. Recommendation from Mayor and Staff It is recommended that the information be reviewed and that any concerns or comments be provided to Public Works. Previous Council Action A general briefing was provided to the Finance Committee on June 9, 2009. Narrative Attached is information related to the draft long term water supply contract. The City Attorney previously provided a memo, which is included, summarizing the overall legal considerations of the contract. Negotiations since that time have addressed many of the concerns raised in his memo. The second attachment shows the financial impact of the contract comparing the current contract formula to the new contract formula. The overall effect to the wholesale pricing of water is an estimated increase of 5.7% to the water utility purchases. This will result in a net expenditure increase of 2% to the City’s water budget. The effective date of the new contract will be September 20, 2010. In comparison, the cost of water using the Seattle Public Utilities contract is 18% higher in the low demand season (October through April) and 80% higher in the high demand season (May through September) than the proposed Alderwood contract. The final attachment is a copy of the contract showing the latest comments by the wholesale customer consortium. This includes the Cities of Edmonds, Mountlake Terrace, Lynnwood and the Mukilteo Water and Sewer District. Staff anticipates that the water supply contract negotiations will be completed by the end of this year and the contract will be forwarded to the City Council for approval in January, 2010. Fiscal Impact Attachments Link: Exhibit 1 - Memo From City Attorney Packet Page 19 of 133 Link: Exhibit 2 - Financial Impact Link: Exhibit 3 - Water Supply Contract with City markups Form Routing/Status Route Seq Inbox Approved By Date Status 1 City Clerk Sandy Chase 11/05/2009 12:15 PM APRV 2 Mayor Gary Haakenson 11/05/2009 01:21 PM APRV 3 Final Approval Sandy Chase 11/05/2009 01:31 PM APRV Form Started By: Kim Karas Started On: 11/05/2009 09:27 AM Final Approval Date: 11/05/2009 Packet Page 20 of 133 Packet Page 21 of 133 Packet Page 22 of 133 Packet Page 23 of 133 Pa c k e t Pa g e 24 of 13 3 Pa c k e t Pa g e 25 of 13 3 Packet Page 26 of 133 Packet Page 27 of 133 Packet Page 28 of 133 Packet Page 29 of 133 Packet Page 30 of 133 Packet Page 31 of 133 Packet Page 32 of 133 Packet Page 33 of 133 Packet Page 34 of 133 Packet Page 35 of 133 Packet Page 36 of 133 Packet Page 37 of 133 Packet Page 38 of 133 Packet Page 39 of 133 Packet Page 40 of 133 Packet Page 41 of 133 Packet Page 42 of 133 Packet Page 43 of 133 Packet Page 44 of 133 Packet Page 45 of 133 Packet Page 46 of 133 AM-2594 2.B. Final 2009 Budget Amendment City Council Committee Meetings Date:11/10/2009 Submitted By:Debra Sharp Submitted For:Lorenzo Hines Time:10 Minutes Department:Finance Type: Committee:Finance Information Subject Title Final Ordinance amending the 2009 Budget. Recommendation from Mayor and Staff Forward ordinance to Council to be placed on the consent agenda. Previous Council Action None Narrative Please review the attached documents for details of the proposed ordinance amendment. Fiscal Impact Attachments Link: Final 2009 Budget Amendment Link: 2009 General Fund Summary Link: 2009 Other Fund Summary Form Routing/Status Route Seq Inbox Approved By Date Status 1 City Clerk Sandy Chase 11/06/2009 10:27 AM APRV 2 Mayor Gary Haakenson 11/06/2009 10:39 AM APRV 3 Final Approval Sandy Chase 11/06/2009 10:49 AM APRV Form Started By: Debra Sharp Started On: 11/06/2009 09:07 AM Final Approval Date: 11/06/2009 Packet Page 47 of 133 ORDINANCE NO. _______ AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON, AMENDING ORDINANCE NO. 3711 AS A RESULT OF UNANTICIPATED TRANSFERS AND EXPENDITURES OF VARIOUS FUNDS, AND FIXING A TIME WHEN THE SAME SHALL BECOME EFFECTIVE. WHEREAS, previous actions taken by the City Council require Interfund Transfers and increases in appropriations; and WHEREAS, state law requires an ordinance be adopted whenever money is transferred from one fund to another; and WHEREAS, the City Council has reviewed the amended budget appropriations and information which was made available; and approves the appropriation of local, state, and federal funds and the increase or decrease from previously approved programs within the 2009 Budget; and WHEREAS, the applications of funds have been identified; THEREFORE, THE CITY COUNCIL OF THE CITY OF EDMONDS, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. Section 1. of Ordinance No. 3711 adopting the final budget for the fiscal year 2009 is hereby amended to reflect the changes shown in “Exhibit A” adopted herein by reference. Section 2. Effective Date. This ordinance, being an exercise of a power specifically delegated to the City legislative body, is not subject to referendum, and shall take L:\PRODUCTIONDB\AGENDA\CCOUNCIL\0012_2594_FINAL 2009 AMENDING ORDINANCE.DOC Packet Page 48 of 133 effect five (5) days after passage and publication of an approved summary thereof consisting of the title. APPROVED: MAYOR, GARY HAAKENSON ATTEST/AUTHENTICATE: CITY CLERK, SANDRA S. CHASE APPROVED AS TO FORM: OFFICE OF THE CITY ATTORNEY: APPROVED AS TO FORM: OFFICE OF THE CITY ATTORNEY: BY ___ W. SCOTT SNYDER, CITY ATTORNEY FILED WITH THE CITY CLERK: PASSED BY THE CITY COUNCIL: PUBLISHED: EFFECTIVE DATE: ORDINANCE NO. 2 Packet Page 49 of 133 SUMMARY OF ORDINANCE NO. __________ of the City of Edmonds, Washington On the ____ day of ___________, 2009, the City Council of the City of Edmonds, passed Ordinance No. _____________. A summary of the content of said ordinance, consisting of the title, provides as follows: AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON, AMENDING ORDINANCE NO. 3711 AS A RESULT OF UNANTICIPATED TRANSFERS AND EXPENDITURES OF VARIOUS FUNDS, AND FIXING A TIME WHEN THE SAME SHALL BECOME EFFECTIVE. The full text of this Ordinance will be mailed upon request. DATED this _____ day of ________________,2009. CITY CLERK, SANDRA S. CHASE 3 Packet Page 50 of 133 EXHIBIT“A:” BUDGET SUMMARY BY FUND 2009 2009 FUND FUND BEGINNING REVENUE EXPENDITURES ENDING NO. DESCRIPTION CASH CASH 001 GENERAL FUND 987,951 34,247,764 34,183,013 1,052,702 006 EMERGENCY/FINANCIAL RESERVE 1,927,600 0 0 1,927,600 009 LEOFF-MEDICAL INS. RESERVE 574,904 376,598 432,055 519,447 104 DRUG ENFORCEMENT FUND 183,806 28,500 72,025 140,281 111 STREET FUND 24,876 1,499,626 1,422,195 102,307 112 COMBINED STREET CONST/IMPROVE 281,802 2,483,950 2,473,407 292,345 113 MULTIMODAL TRANSPORTATION FD. 0 3,100,000 3,100,000 0 116 BUILDING MAINTENANCE 249,368 234,081 256,200 227,249 117 MUNICIPAL ARTS ACQUIS. FUND 330,077 104,050 105,425 328,702 118 MEMORIAL STREET TREE 17,325 400 0 17,725 120 HOTEL/MOTEL TAX REVENUE FUND 126,762 67,530 74,883 119,409 121 EMPLOYEE PARKING PERMIT FUND 96,872 27,500 23,862 100,510 122 YOUTH SCHOLARSHIP FUND 18,494 3,462 5,000 16,956 123 TOURISM PROMOTIONAL FUND/ARTS 36,869 17,483 22,100 32,252 125 PARK ACQ/IMPROVEMENT 4,503,803 490,885 4,544,175 450,513 126 SPECIAL CAPITAL FUND 657,147 369,714 956,072 70,789 127 GIFTS CATALOG FUND 177,188 24,504 48,542 153,150 130 CEMETERY MAINTENANCE/IMPROV 96,669 179,767 141,103 135,333 131 FIRE DONATIONS 0 2,800 0 2,800 132 PARKS CONSTRUCTION 0 235,000 235,000 0 211 LID FUND CONTROL 9,458 108,000 95,475 21,983 213 LID GUARANTY FUND 49,416 2,000 0 51,416 234 LTGO BOND DEBT SERVICE FUND 0 442,598 442,598 0 411 COMBINED UTILITY OPERATION 5,081,455 13,647,929 15,039,214 3,690,170 412 COMBINED UTILITY CONST/IMPROVE 2,181,667 9,341,039 10,205,750 1,316,956 414 CAPITAL IMPROVEMENTS RESERVE 19,099 1,806,852 1,162,124 663,827 511 EQUIPMENT RENTAL FUND 4,490,515 1,516,675 1,812,133 4,195,057 601 PARKS TRUST FUND 145,823 57,045 58,480 144,388 610 CEMETERY MAINTENANCE TRUST FD 739,389 31,223 0 770,612 617 FIREMEN'S PENSION FUND 295,108 100,061 130,874 264,295 623 SISTER CITY COMMISSION 17,318 21,400 21,000 17,718 Totals 23,320,761 70,568,436 77,062,705 16,826,492 4 Packet Page 51 of 133 EXHIBIT “B”: BUDGET AMENDMENTS BY EXPENDITURE ORD. NO. ORD. NO. ORD. NO. 2009 FUND FUND 3711 3757 Amended NO. DESCRIPTION 12/2/2008 10/6/2009 11/17/2009 Budget 001 GENERAL FUND 34,520,728 (898,105) 560,390 34,183,013 006 EMERGENCY/FINANCIAL RESERVE 0 0 0 0 009 LEOFF-MEDICAL INS. RESERVE 432,055 0 0 432,055 104 DRUG ENFORCEMENT FUND 72,025 0 0 72,025 111 STREET FUND 1,491,530 (67,500) (1,835) 1,422,195 112 COMBINED STREET CONST/IMPROVE 1,443,407 0 1,030,000 2,473,407 113 MULTIMODAL TRANSPORTATION FD. 3,100,000 0 0 3,100,000 116 BUILDING MAINTENANCE 256,200 0 0 256,200 117 MUNICIPAL ARTS ACQUIS. FUND 105,425 0 0 105,425 118 MEMORIAL STREET TREE 0 0 0 0 120 HOTEL/MOTEL TAX REVENUE FUND 74,883 0 0 74,883 121 EMPLOYEE PARKING PERMIT FUND 23,862 0 0 23,862 122 YOUTH SCHOLARSHIP FUND 3,400 1,600 0 5,000 123 TOURISM PROMOTIONAL FUND/ARTS 22,100 0 0 22,100 125 PARK ACQ/IMPROVEMENT 4,558,175 (14,000) 0 4,544,175 126 SPECIAL CAPITAL FUND 956,072 0 0 956,072 127 GIFTS CATALOG FUND 21,000 22,192 5,350 48,542 130 CEMETERY MAINTENANCE/IMPROV 145,074 (2,561) (1,410) 141,103 131 FIRE DONATIONS 0 0 0 0 132 PARKS CONSTRUCTION FUND 235,000 0 0 235,000 211 LID FUND CONTROL 95,475 0 0 95,475 213 LID GUARANTY FUND 0 0 0 0 234 LTGO BOND DEBT SERVICE FUND 442,598 0 0 442,598 411 COMBINED UTILITY OPERATION 13,162,872 (107,155) 1,983,497 15,039,214 412 COMBINED UTILITY CONST/IMPROVE 10,205,750 0 0 10,205,750 414 CAPITAL IMPROVEMENTS RESERVE 1,162,124 0 0 1,162,124 511 EQUIPMENT RENTAL FUND 2,079,027 (9,098) (257,796) 1,812,133 601 PARKS TRUST FUND 0 91,500 (33,020) 58,480 610 CEMETERY MAINTENANCE TRUST FD 0 0 0 0 617 FIREMEN'S PENSION FUND 130,874 0 0 130,874 623 SISTER CITY COMMISSION 21,000 0 0 21,000 Totals 74,760,656 (983,127) 3,285,176 77,062,705 5 Packet Page 52 of 133 EXHIBIT “C”: BUDGET AMENDMENT DETAIL Department Category Debit Credit Description Items Previously Before Council Parks Trust Fund Transfer Out 33,020 Parks Trust Fund Ending Fund Balance 33,020 General Fund Transfer In 33,020 General Fund Ending Fund Balance 33,020 Parks Trust Fund Donations 53,395 Parks Trust Fund Ending Fund Balance 53,395 City Attorney Profession Services 155,000 General Fund Ending Fund Balance 155,000 Non-Departmental Transfer Out 81,000 General Fund Ending Fund Balance 81,000 Capital Street Fund Transfer In 81,000 Capital Street Fund Ending Fund Balance 81,000 Street Fund Grant 1,000,000 Street Fund Ending Fund Balance 30,000 Street Fund Construction 1,030,000 Non-Departmental Hydrant Cost 340,000 General Fund Ending Fund Balance 340,000 Utility Fund Hydrant Reimbursement 340,000 Utility Fund Ending Fund Balance 340,000 New Items for Council to Consider-Amendments Community Services ECA Grant 70,000 General Fund Grant 70,000 Police Overtime 1,377 Police Grant 1,377 Police Small Equipment 11,710 Police Grant 2,000 Police Donation 9,710 Police Small Equipment 2,879 Police Uniforms 381 Police Grants 3,260 Police Small Equipment 28,617 Police Grant 28,617 Police Small Equipment 10,519 Police Uniforms 4,037 Police Grant 14,556 Fire Salaries 205 Fire Supplies 208 Fire EMS Haz Mat Fees 413 Gifts Catalog Fund Transfer-Out 5,350 Gifts Catalog Fund Ending Fund Balance 5,350 REET 2 Ending Fund Balance 5,350 REET 2 Transfer-In 5,350 Street Fund Repair & Maintenance 30,052 Street Fund Insurance Reimbursement 30,052 Litigation costs not included in the budget Fiber optic conduit installed during the OVD Improvement project Purchased automated license plate reader camera & software-WASPC Grant Overlay Project - ARRA (American Recovery Reinvestment Act of 2009 Equipment purchased with money from the 2009 Recovery Act Edward Byrne Memorial Justice Assistance Grant Reimbursement by ESCA of haz-mat emergency service fees True up transfer from Parks Trust Fund to General Fund based on the actual pool revenues and expenses Ballistic vests purchased with Department of Justice grant money Lane v. City of Seattle - 2009 Hydrant Costs Visual Statement Software - Washington Traffic Safety Commission and Edmonds Police Foundation Edmonds Center for the Arts pass-through HUD grant Repair and Maintenance due to traffic accidents Hickman Park Basketball Court funded by Tyler Simone Hoops Donation X52 DUI Overtime 6 Packet Page 53 of 133 Department Category Debit Credit Description New Items for Council to Consider-Amendments Utility Fund Water Utility Tax Rev 240,000 Utility Fund Water Utility Tax Exp 240,000 General Fund Water Utility Tax 240,000 General Fund Ending Fund Balance 240,000 Utility Fund Sewer Utility Tax Rev 200,000 Utility Fund Sewer Utility Tax Exp 200,000 General Fund Sewer Utility Tax 200,000 General Fund Ending Fund Balance 200,000 Utility Fund Storm Utility Tax Rev 120,000 Utility Fund Storm Utility Tax Exp 120,000 General Fund Storm Utility Tax 120,000 General Fund Ending Fund Balance 120,000 Utility Fund Transfer Out 500,000 Utility Fund Ending Fund Balance 500,000 Utility Const. Fund Ending Fund Balance 500,000 Utility Const. Fund Transfer In 500,000 Utility Fund Transfer Out 500,000 Utility Fund Ending Fund Balance 500,000 Utility Const. Fund Ending Fund Balance 500,000 Utility Const. Fund Transfer In 500,000 Utility Fund Transfer Out 500,000 Utility Fund Ending Fund Balance 500,000 Capital Impr Fund Ending Fund Balance 500,000 Capital Impr Fund Transfer In 500,000 Equipment Rental Fund Operations Rental Chrg 256,569 Equipment Rental Fund Salaries 60,000 Equipment Rental Fund Benefits 20,000 Equipment Rental Fund Fuel - Diesel 50,000 Equipment Rental Fund Fuel - Reg. Unleaded 40,000 Equipment Rental Fund Fuel - Premium Unleaded 86,569 Police Interfund Rental 101,859 Fire Interfund Rental 8,146 Community Services Interfund Rental 138 Building Interfund Rental 2,046 Engineering Interfund Rental 4,557 Planning Interfund Rental 447 Recreation Interfund Rental 2,370 Parks Interfund Rental 17,736 Park Maintenance Interfund Rental 492 Public Works Interfund Rental 276 Facilities Interfund Rental 7,476 General Fund Ending Fund Balance 145,543 Street Fund Interfund Rental 31,887 Street Fund Ending Fund Balance 31,887 Cemetery Fund Interfund Rental 1,410 Cemetery Fund Ending Fund Balance 1,410 Utility Fund Interfund Rental 23,646 Utility Fund Interfund Rental 23,166 Utility Fund Interfund Rental 1,008 Utility Fund Interfund Rental 28,683 Utility Fund Ending Fund Balance 76,503 Equipment Rental Fund Interfund Rental 1,227 Equipment Rental Fund Ending Fund Balance 1,227 Reduce Equipment Rental revenue due to fuel cost savings and vacant position. Reduce department interfund rental charges for the last 3 months of 2009. Ending cash higher than budgeted, transfer to capital fund Transfer needed for Edmonds share of capital projects Ending cash higher than budgeted, transfer to capital fund Storm utility tax higher than budgeted due tax increase. Water utility tax higher than budgeted due to dry summer and tax increase. Sewer utility tax higher than budgeted due tax increase. 7 Packet Page 54 of 133 Fund: General Fund Amendment to Budgeted Revenues Status Dept. Item Amount Heard Parks True up Yost Pool Transfer based on actual amounts (33,020)$ New Taxes Increase the Water Tax Revenue received from the Utility Fund 240,000 New Taxes Increase the Sewer Tax Revenue received from the Utility Fund 200,000 New Taxes Increase the Sewer Tax Revenue received from the Utility Fund 120,000 526,980 Other Revenues augmentations offset with related Expenses New CS Edmonds Center for the Arts pass-through grant 70,000 New Police WSTSC X52 DUI Grant 1,377 New Police WSTSC & Edmonds Police Foundation-Visual Statement Software 11,710 New Police DOJ Grant - Ballistic Vest Purchase 3,260 New Police WASPC Grant - Automated License Plate Reader 28,617 New Police 2009 Recovery Act Edward Byrne Memorial Grant Purchases 14,556 New Fire Reimbursement by ESCA of Haz-mat Emergency Services Fees 413 129,933 Impact of Amendment to Budgeted Revenues 656,913$ Amendment to Budgeted Expenses Heard Non-Dept Reimburse Fiber Optic costs incurred by the Street Capital Fund 81,000 Heard Non-Dept Reimburse Hydrant costs incurred by the Utility Fund 340,000 New City AttorneyIncrease attorney budget 155,000 New All Dept. Eliminate A-Fund Contributions - ERR fund for October, November and December (145,543) 430,457 Other Expense augmentations offset with related Revenues New Community ServicesEdmonds Center for the Arts pass-through grant 70,000 New Police WSTSC X52 DUI Grant 1,377 New Police WSTSC & Edmonds Police Foundation-Visual Statement Software 11,710 New Police DOJ Grant - Ballistic Vest Purchase 3,260 New Police WASPC Grant - Automated License Plate Reader 28,617 New Police 2009 Recovery Act Edward Byrne Memorial Grant Purchases 14,556 New Fire Reimbursement by ESCA of Haz-mat Emergency Services Fees 413 129,933 Impact of Amendment to Budgeted Expenses Revenues 560,390$ Increase in Beginning General Fund Balance -$ Total impact to General Fund 96,523$ City of Edmonds Ordinance Amendment 11/17/2009 Packet Page 55 of 133 Fund: Street Fund Amendment to Budgeted Revenues New Insurance Reimbursements 30,052$ Impact of Amendment to Budgeted Revenues 30,052 Amendment to Budgeted Expenditures New Repair & Maintenance cover by insurance reimbursement 30,052 New Eliminate A-Fund Contributions - ERR fund for October, November and December (31,887) Impact of Amendment to Budgeted Expenses (1,835) Total Impact to Street Fund 31,887 Fund: Combined Street Fund Amendment to Budgeted Revenues Heard Interfund Transfer in from the General Fund to cover conduit costs on OVD 81,000 Heard ARRA (American Recovery Reinvestment Act of 2009-Street Overlays 1,000,000 Impact of Amendment to Budgeted Revenues 1,081,000 Amendment to Budgeted Expenditures Heard ARRA (American Recovery Reinvestment Act of 2009-Street Overlays 1,030,000 Impact of Amendment to Budgeted Expenses 1,030,000 Total Impact to REET2 51,000 Fund: REET 2 Amendment to Budgeted Revenues New Transfer in from Gifts Catolog Fund-Hickman Park Basketball Court 5,350 Impact of Amendment to Budgeted Revenues 5,350 Amendment to Budgeted Expenditures None Impact of Amendment to Budgeted Expenses - Total Impact to REET2 5,350 Fund: Gift Program Amendment to Budgeted Revenues None Impact of Amendment to Budgeted Revenues - Amendment to Budgeted Expenditures New Transfer out to REET 2 for Hickman Park Basketball Court 5,350 Impact of Amendment to Budgeted Expenses 5,350 Total Impact to Gift Program (5,350) Fund: Cemetery Fund Amendment to Budgeted Revenues None Impact of Amendment to Budgeted Revenues - Amendment to Budgeted Expenditures New Eliminate A-Fund Contributions - ERR fund for October, November and December (1,410) Impact of Amendment to Budgeted Expenses (1,410) Total Impact to Cemetery Fund 1,410 City of Edmonds Ordinance Amendment 11/17/2009 Packet Page 56 of 133 City of Edmonds Ordinance Amendment 11/17/2009 Fund: Utility Fund Amendment to Budgeted Revenues New Water tax revenue higher than budgeted 240,000 New Sewer tax revenue higher than budgeted 200,000 New Storm tax revenue higher than budgeted 120,000 Heard Reimburse Hydrant costs incurred by the Utility Fund 340,000 Impact of Amendment to Budgeted Revenues 900,000 Amendment to Budgeted Expenditures New Water tax revenue higher than budgeted-Transfer to General Fund 240,000 New Sewer tax revenue higher than budgeted-Transfer to General Fund 200,000 New Storm tax revenue higher than budgeted-Transfer to General Fund 120,000 New Eliminate A-Fund Contributions - ERR fund for October, November and December (76,503) New Increase Interfund Transfer to Capital Funds 1,500,000 Impact of Amendment to Budgeted Expenses 1,983,497 Total Impact to Utility Fund (1,083,497) Fund: Combined Utility Construction Fund Amendment to Budgeted Revenues New Increase Interfund Transfer to Capital Funds 1,000,000 Impact of Amendment to Budgeted Revenues 1,000,000 Amendment to Budgeted Expenditures None Impact of Amendment to Budgeted Expenses - Total Impact to Utility Fund 1,000,000 Fund: Capital Improvements Reserve Amendment to Budgeted Revenues New Increase Interfund Transfer to Capital Funds 500,000 Impact of Amendment to Budgeted Revenues 500,000 Amendment to Budgeted Expenditures None Impact of Amendment to Budgeted Expenses - Total Impact to Utility Fund 500,000 Fund: Equipment Reserve Amendment to Budgeted Revenues New Eliminate A-Fund Contributions - ERR fund for October, November and December (256,569) Impact of Amendment to Budgeted Revenues (256,569) Amendment to Budgeted Expenditures New Salary and Benefit Savings - vacant position (80,000) New Cost savings due to lower than anticipated fuel costs (176,569) New Eliminate A-Fund Contributions - ERR fund for October, November and December (1,227) Impact of Amendment to Budgeted Expenses (257,796) Total Impact to Equipment Reserve 1,227 Fund: Parks Trust Fund Amendment to Budgeted Revenues Heard Actual Revenues Received in 2009, not included in last amendment 53,395 Impact of Amendment to Budgeted Revenues 53,395$ Amendment to Budgeted Expenses Heard True up Yost Pool Transfer based on actual amounts (33,020) Impact of Amendment to Budgeted Expenses (33,020) Total Impact to Parks Trust Fund 86,415$ Packet Page 57 of 133 AM-2589 2.C. General Fund Update for October 31, 2009 City Council Committee Meetings Date:11/10/2009 Submitted By:Lorenzo Hines Time:10 Minutes Department:Finance Type: Committee:Finance Information Subject Title General Fund Report for the month ending October 31, 2009. Recommendation from Mayor and Staff For information only. Previous Council Action None Narrative In general, October General Fund revenue collections are below historical averages by 5.3%. This is offset somewhat by slower than anticipated expenditure activity for the same period. When compared to historical averages, expenditure activity is down by 2.6%. Fiscal Impact Attachments Link: Cover Memo Link: Major Revenue Projections Form Routing/Status Route Seq Inbox Approved By Date Status 1 Mayor Gary Haakenson 11/05/2009 01:24 PM APRV 2 City Clerk Sandy Chase 11/05/2009 01:30 PM APRV 3 Mayor Gary Haakenson 11/05/2009 01:32 PM APRV 4 Final Approval Sandy Chase 11/05/2009 01:45 PM APRV Form Started By: Lorenzo Hines Started On: 11/05/2009 01:14 PM Final Approval Date: 11/05/2009 Packet Page 58 of 133 City of Edmonds  Finance and Information Systems DATE: November 10, 2009 TO: City of Edmonds, City Council, Finance Committee FROM: Lorenzo Hines Jr., Finance Director SUBJECT: General Fund Report for the month ending October 2009 Honorable Members, The attached charts contain revenue collection projections for the major General Fund sources with the exception of Property taxes. Significant revenues from Property taxes are received in April, May, October and November, and given the uneven receipt of these funds, monthly forecasts are not prepared. REET receipts are received into a stand alone fund and are not part of the General Fund. In general, October General Fund revenue collections are below historical averages by 5.3%. This is offset somewhat by slower than anticipated expenditure activity for the same period. When compared to historical averages, expenditure activity is down by 2.6%. Historically, General Fund receipts at the end of October are 74.07% of the annual revenue budget. As of October 31, 2009, General Fund receipts are slightly below target at 70.36% of annual revenue. However, General Fund expenditures through October 2009 are 77.22% of budgeted expenditures, slightly below the historical trend for October 79.23%. Please feel free to contact me if you have any questions. CITY OF EDMONDS GARY HAAKENSON CITY HALL  FIRST FLOOR MAYOR EDMONDS, WA 98020  (425)771-0240  FAX (425)771-0265 LORENZO HINES JR. DIRECTOR FINANCE AND INFORMATION SYSTEMS DEPARTMENT Packet Page 59 of 133 CU R R E N T F O R E C A S T 34 8 , 3 5 1 20 0 9 A M E N D E D B U D G E T 35 0 , 0 0 0 TOTAL JA N FE B MA R AP R MA Y JU N JU L AU G SE P OC T NOV DEC Mo n t h l y F o r e c a s t % 7. 1 2 % 5. 8 5 % 8. 3 2 % 8. 5 0 % 7. 8 7 % 11 . 2 0 % 10 . 7 3 % 8. 5 5 % 10 . 1 2 % 7.03%8.35%6.36% Cu m u l a t i v e F o r e c a s t % 7. 1 2 % 12 . 9 7 % 21 . 3 0 % 29 . 8 0 % 37 . 6 7 % 48 . 8 6 % 59 . 5 9 % 68 . 1 4 % 78 . 2 6 % 85.29%93.64%100.00% Mo n t h l y F o r e c a s t $ 24 , 9 3 0 20 , 4 7 5 29 , 1 3 2 29 , 7 4 7 27 , 5 5 8 39 , 1 8 4 37 , 5 5 3 29 , 9 1 0 35 , 4 0 8 24,620 29,233 22,248 Cu m u l a t i v e F o r e c a s t $ 24 , 9 3 0 45 , 4 0 6 74 , 5 3 8 10 4 , 2 8 5 13 1 , 8 4 3 17 1 , 0 2 7 20 8 , 5 8 0 23 8 , 4 9 0 27 3 , 8 9 9 298,518 327,752 350,000 Ac t u a l C o l l e c t e d $ 33 , 4 2 5 13 , 8 2 2 22 , 0 4 9 34 , 4 9 8 38 , 5 1 4 40 , 9 7 9 56 , 1 9 9 53 , 5 8 2 55 , 5 7 1 24,504 29,096 22,144 Cu m u l a t i v e C o l l e c t i o n $ 33 , 4 2 5 47 , 2 4 7 69 , 2 9 6 10 3 , 7 9 3 14 2 , 3 0 7 18 3 , 2 8 7 23 9 , 4 8 6 29 3 , 0 6 8 34 8 , 6 3 9 373,143 402,238 424,382 YE A R E N D F O R E C A S T 46 9 , 2 5 7 36 4 , 1 9 1 32 5 , 3 8 6 34 8 , 3 5 1 37 7 , 7 7 9 37 5 , 0 8 8 40 1 , 8 6 1 43 0 , 0 9 6 44 5 , 5 0 7 437,494 429,543 424,382 Pr o j e c t e d Y E V a r i a n c e 11 9 , 2 5 7 14 , 1 9 1 (2 4 , 6 1 4 ) (1 , 6 4 9 ) 27 , 7 7 9 25 , 0 8 8 51 , 8 6 1 80 , 0 9 6 95 , 5 0 7 87,494 79,543 74,382 Bu d g e t V a r i a n c e % 34 . 0 7 % 4. 0 5 % -7 . 0 3 % -0 . 4 7 % 7. 9 4 % 7. 1 7 % 14 . 8 2 % 22 . 8 8 % 27 . 2 9 % 25.00%22.73%21.25% RE A L E S T A T E E X C I S E T A X Ci t y o f E d m o n d s 20 0 9 M o n t h l y R e v e n u e F o r e c a s t i n g M o d e l 20 0 9 C U M U L A T I V E C O L L E C T I O N S - 20 0 , 0 0 0 40 0 , 0 0 0 60 0 , 0 0 0 80 0 , 0 0 0 JA N F E B M A R A P R M A Y J U N J U L A U G S E P O C T N O V D E C BL A C K l i n e r e p r e s e n t s B u d g e t , S O L I D R E D l i n e r e p r e s e n t s A c t u a l C o l l e c t i o n s , D O T T E D R E D l i n e r e p r e s e n t s F o r e c a s t R: \ T a x e s \ M a j o r R e v e n u e P r o j e c t i o n s . x l s 0 9 C H A R T S Pa g e 1 o f 5 11/5/2009 12:55 PM Pa c k e t Pa g e 60 of 13 3 RE V I S E D F O R E C A S T 4, 2 5 6 , 2 7 4 20 0 9 A M E N D E D B U D G E T 4, 1 6 9 , 9 4 9 TOTAL JA N FE B MA R AP R MA Y JU N JU L AU G SE P OC T NOV DEC Mo n t h l y F o r e c a s t % 8. 0 0 % 10 . 2 1 % 6. 9 7 % 7. 3 2 % 8. 8 4 % 7. 6 3 % 8. 0 2 % 9. 1 7 % 8. 1 1 % 8.36%9.32%8.06% Cu m u l a t i v e F o r e c a s t % 8. 0 0 % 18 . 2 1 % 25 . 1 8 % 32 . 5 0 % 41 . 3 3 % 48 . 9 6 % 56 . 9 8 % 66 . 1 5 % 74 . 2 6 % 82.62%91.94%100.00% Mo n t h l y F o r e c a s t $ 33 3 , 3 9 3 42 5 , 8 4 4 29 0 , 8 2 5 30 5 , 0 6 5 36 8 , 4 8 9 31 7 , 9 9 6 33 4 , 5 7 2 38 2 , 2 0 9 33 8 , 1 7 7 348,721 388,703 335,955 Cu m u l a t i v e F o r e c a s t $ 33 3 , 3 9 3 75 9 , 2 3 7 1, 0 5 0 , 0 6 2 1, 3 5 5 , 1 2 7 1, 7 2 3 , 6 1 5 2, 0 4 1 , 6 1 1 2, 3 7 6 , 1 8 4 2, 7 5 8 , 3 9 3 3, 0 9 6 , 5 6 9 3,445,291 3,833,994 4,169,949 Ac t u a l C o l l e c t e d $ 33 9 , 6 7 9 43 5 , 2 7 9 33 3 , 6 5 3 32 3 , 0 3 8 36 6 , 6 2 9 33 9 , 4 1 1 35 3 , 5 7 8 42 7 , 8 8 5 37 2 , 6 1 4 413,382 396,750 342,910 Cu m u l a t i v e C o l l e c t i o n $ 33 9 , 6 7 9 77 4 , 9 5 8 1, 1 0 8 , 6 1 0 1, 4 3 1 , 6 4 8 1, 7 9 8 , 2 7 8 2, 1 3 7 , 6 8 9 2, 4 9 1 , 2 6 7 2, 9 1 9 , 1 5 2 3, 2 9 1 , 7 6 6 3,705,148 4,101,898 4,444,808 YE A R E N D F O R E C A S T 4, 2 4 8 , 5 7 0 4, 2 5 6 , 2 9 0 4, 4 0 2 , 4 5 3 4, 4 0 5 , 4 1 8 4, 3 5 0 , 5 7 9 4, 3 6 6 , 1 8 5 4, 3 7 1 , 9 0 7 4, 4 1 2 , 9 7 3 4, 4 3 2 , 8 0 7 4,484,463 4,461,328 4,444,808 Pr o j e c t e d Y E V a r i a n c e 78 , 6 2 1 86 , 3 4 1 23 2 , 5 0 4 23 5 , 4 6 9 18 0 , 6 3 0 19 6 , 2 3 6 20 1 , 9 5 8 24 3 , 0 2 4 26 2 , 8 5 8 314,514 291,379 274,859 Bu d g e t V a r i a n c e % 1. 8 9 % 2. 0 7 % 5. 5 8 % 5. 6 5 % 4. 3 3 % 4. 7 1 % 4. 8 4 % 5. 8 3 % 6. 3 0 % 7.54%6.99%6.59% Ci t y o f E d m o n d s 20 0 9 M o n t h l y R e v e n u e F o r e c a s t i n g M o d e l SA L E S A N D U S E T A X 20 0 9 C U M U L A T I V E C O L L E C T I O N S - 1, 0 0 0 , 0 0 0 2, 0 0 0 , 0 0 0 3, 0 0 0 , 0 0 0 4, 0 0 0 , 0 0 0 5, 0 0 0 , 0 0 0 6, 0 0 0 , 0 0 0 JA N F E B M A R A P R M A Y J U N J U L A U G S E P O C T N O V D E C BL A C K L i n e r e p r e s e n t s B u d g e t , S O L I D R E D L i n e r e p r e s e n t s A c t u a l C o l l e c t i o n s , DO T T E D R E D L i n e r e p r e s e n t s F o r e c a s t R: \ T a x e s \ M a j o r R e v e n u e P r o j e c t i o n s . x l s 0 9 C H A R T S Pa g e 2 o f 5 11/5/2009 12:55 PM Pa c k e t Pa g e 61 of 13 3 CU R R E N T F O R E C A S T 96 1 , 2 6 2 20 0 9 A M E N D E D B U D G E T 90 2 , 0 0 0 TOTAL JA N FE B MA R AP R MA Y JU N JU L AU G SE P OC T NOV DEC Mo n t h l y F o r e c a s t % 13 . 9 0 % 14 . 5 3 % 13 . 4 0 % 10 . 7 7 % 9. 3 3 % 6. 2 7 % 4. 8 1 % 3. 4 0 % 3. 2 4 % 3.71%6.34%10.30% Cu m u l a t i v e F o r e c a s t % 13 . 9 0 % 28 . 4 3 % 41 . 8 4 % 52 . 6 1 % 61 . 9 3 % 68 . 2 1 % 73 . 0 1 % 76 . 4 1 % 79 . 6 6 % 83.36%89.70%100.00% Mo n t h l y F o r e c a s t $ 12 5 , 3 6 5 13 1 , 1 0 3 12 0 , 9 0 5 97 , 1 3 6 84 , 1 1 6 56 , 5 8 8 43 , 3 7 6 30 , 6 6 0 29 , 2 4 0 33,430 57,180 92,901 Cu m u l a t i v e F o r e c a s t $ 12 5 , 3 6 5 25 6 , 4 6 8 37 7 , 3 7 3 47 4 , 5 0 9 55 8 , 6 2 5 61 5 , 2 1 2 65 8 , 5 8 8 68 9 , 2 4 8 71 8 , 4 8 9 751,918 809,099 902,000 Ac t u a l C o l l e c t e d $ 12 5 , 5 8 9 15 1 , 0 0 1 13 5 , 7 5 8 11 9 , 5 9 2 86 , 0 9 2 63 , 5 1 0 36 , 2 6 1 33 , 7 8 9 61 , 4 0 2 35,626 60,937 99,005 Cu m u l a t i v e C o l l e c t i o n $ 12 5 , 5 8 9 27 6 , 5 9 0 41 2 , 3 4 8 53 1 , 9 4 0 61 8 , 0 3 3 68 1 , 5 4 3 71 7 , 8 0 4 75 1 , 5 9 3 81 2 , 9 9 5 848,621 909,558 1,008,563 YE A R E N D F O R E C A S T 90 3 , 6 1 4 97 2 , 7 7 0 98 5 , 5 9 7 1, 0 1 1 , 1 7 1 99 7 , 9 2 5 99 9 , 2 5 1 98 3 , 1 0 1 98 3 , 5 8 9 1, 0 2 0 , 6 4 4 1,018,004 1,013,994 1,008,563 Pr o j e c t e d Y E V a r i a n c e 1, 6 1 4 70 , 7 7 0 83 , 5 9 7 10 9 , 1 7 1 95 , 9 2 5 97 , 2 5 1 81 , 1 0 1 81 , 5 8 9 11 8 , 6 4 4 116,004 111,994 106,563 Bu d g e t V a r i a n c e % 0. 1 8 % 7. 8 5 % 9. 2 7 % 12 . 1 0 % 10 . 6 3 % 10 . 7 8 % 8. 9 9 % 9. 0 5 % 13 . 1 5 % 12.86%12.42%11.81% Ci t y o f E d m o n d s 20 0 9 M o n t h l y R e v e n u e F o r e c a s t i n g M o d e l GA S U T I L I T Y T A X 20 0 9 C U M U L A T I V E C O L L E C T I O N S - 20 0 , 0 0 0 40 0 , 0 0 0 60 0 , 0 0 0 80 0 , 0 0 0 1, 0 0 0 , 0 0 0 JA N F E B M A R A P R M A Y J U N J U L A U G S E P O C T N O V D E C BL A C K L i n e r e p r e s e n t s B u d g e t , S O L I D R E D L i n e r e p r e s e n t s A c t u a l C o l l e c t i o n s , D O T T E D R E D L i n e r e p r e s e n t s F o r e c a s t R: \ T a x e s \ M a j o r R e v e n u e P r o j e c t i o n s . x l s 0 9 C H A R T S Pa g e 3 o f 5 11/5/2009 12:55 PM Pa c k e t Pa g e 62 of 13 3 CU R R E N T F O R E C A S T 1, 3 0 8 , 1 2 2 20 0 9 A M E N D E D B U D G E T 1, 3 5 3 , 8 9 7 TOTAL JA N F E B M A R A P R M A Y J U N J U L A U G S E P O C T N O V D E C Mo n t h l y F o r e c a s t % 6 . 2 2 % 7 . 6 5 % 1 0 . 2 0 % 7 . 9 0 % 8 . 0 6 % 6 . 6 5 % 9 . 6 5 % 7 . 6 8 % 7 . 9 8 % 1 0 . 2 0 % 7 . 2 9 % 1 0 . 5 1 % Cu m u l a t i v e F o r e c a s t % 6 . 2 2 % 1 3 . 8 7 % 2 4 . 0 7 % 3 1 . 9 7 % 4 0 . 0 3 % 4 6 . 6 8 % 5 6 . 3 3 % 6 4 . 0 1 % 7 1 . 9 9 % 8 2 . 1 9 % 8 9 . 4 9 % 1 0 0 . 0 0 % Mo n t h l y F o r e c a s t $ 8 4 , 2 6 6 1 0 3 , 5 1 5 1 3 8 , 0 6 6 1 0 7 , 0 2 3 1 0 9 , 0 8 1 9 0 , 0 0 6 1 3 0 , 6 5 5 1 0 3 , 9 7 3 1 0 8 , 0 9 2 1 3 8 , 1 5 5 9 8 , 7 6 3 142,303 Cu m u l a t i v e F o r e c a s t $ 8 4 , 2 6 6 1 8 7 , 7 8 1 3 2 5 , 8 4 7 4 3 2 , 8 7 0 5 4 1 , 9 5 1 6 3 1 , 9 5 7 7 6 2 , 6 1 2 8 6 6 , 5 8 4 9 7 4 , 6 7 6 1 , 1 1 2 , 8 3 1 1 , 2 1 1 , 5 9 4 1,353,897 Ac t u a l C o l l e c t e d $ 7 2 , 7 4 2 1 8 0 , 4 0 8 1 1 4 , 1 7 3 2 9 , 5 1 4 1 4 0 , 9 1 8 9 7 , 6 4 6 1 2 9 , 4 2 0 1 9 7 , 4 5 0 3 3 , 0 9 8 2 0 9 , 6 8 2 95,424 137,492 Cu m u l a t i v e C o l l e c t i o n $ 7 2 , 7 4 2 2 5 3 , 1 4 9 3 6 7 , 3 2 2 3 9 6 , 8 3 6 5 3 7 , 7 5 4 6 3 5 , 4 0 0 7 6 4 , 8 2 0 9 6 2 , 2 7 0 9 9 5 , 3 6 8 1 , 2 0 5 , 0 5 0 1,300,474 1,437,966 YE A R E N D F O R E C A S T 1 , 1 6 8 , 7 3 1 1 , 8 2 5 , 1 9 8 1 , 5 2 6 , 2 2 6 1 , 2 4 1 , 1 9 4 1 , 3 4 3 , 4 1 3 1 , 3 6 1 , 2 7 4 1 , 3 5 7 , 8 1 8 1 , 5 0 3 , 3 9 1 1 , 3 8 2 , 6 4 0 1 , 4 6 6 , 0 9 3 1,453,216 1,437,966 Pr o j e c t e d Y E V a r i a n c e ( 1 8 5 , 1 6 6 ) 4 7 1 , 3 0 1 1 7 2 , 3 2 9 ( 1 1 2 , 7 0 3 ) ( 1 0 , 4 8 4 ) 7 , 3 7 7 3 , 9 2 1 1 4 9 , 4 9 4 2 8 , 7 4 3 1 1 2 , 1 9 6 99,319 84,069 Bu d g e t V a r i a n c e % - 1 3 . 6 8 % 3 4 . 8 1 % 1 2 . 7 3 % - 8 . 3 2 % - 0 . 7 7 % 0 . 5 4 % 0 . 2 9 % 1 1 . 0 4 % 2 . 1 2 % 8 . 2 9 % 7.34% 6 . 2 1 % Ci t y o f E d m o n d s 20 0 9 M o n t h l y R e v e n u e F o r e c a s t i n g M o d e l TE L E P H O N E U T I L I T Y T A X 20 0 9 C U M U L A T I V E C O L L E C T I O N S - 25 0 , 0 0 0 50 0 , 0 0 0 75 0 , 0 0 0 1, 0 0 0 , 0 0 0 1, 2 5 0 , 0 0 0 1, 5 0 0 , 0 0 0 JA N F E B M A R A P R M A Y J U N J U L A U G S E P O C T N O V D E C BL A C K L i n e r e p r e s e n t s B u d g e t , S O L I D R E D L i n e r e p r e s e n t s A c t u a l C o l l e c t i o n s , D O T T E D R E D L i n e r e p r e s e n t s F o r e c a s t R: \ T a x e s \ M a j o r R e v e n u e P r o j e c t i o n s . x l s 0 9 C H A R T S Pa g e 4 o f 5 11/5/2009 12:55 PM Pa c k e t Pa g e 63 of 13 3 CU R R E N T F O R E C A S T 1, 4 5 5 , 0 2 5 20 0 9 A M E N D E D B U D G E T 1, 4 9 2 , 4 0 0 TOTAL JA N F E B M A R A P R M A Y J U N J U L A U G S E P O C T N O V D E C Mo n t h l y F o r e c a s t % 9 . 8 3 % 1 1 . 9 4 % 1 0 . 3 4 % 1 0 . 6 9 % 8 . 9 9 % 7 . 7 8 % 7 . 2 4 % 6 . 2 8 % 6 . 6 3 % 5 . 7 8 % 7 . 4 7 % 7 . 0 3 % Cu m u l a t i v e F o r e c a s t % 9 . 8 3 % 2 1 . 7 8 % 3 2 . 1 1 % 4 2 . 8 1 % 5 1 . 8 0 % 5 9 . 5 8 % 6 6 . 8 2 % 7 3 . 1 0 % 7 9 . 7 3 % 8 5 . 5 0 % 9 2 . 9 7 % 1 0 0 . 0 0 % Mo n t h l y F o r e c a s t $ 1 4 6 , 7 1 6 1 7 8 , 2 6 4 1 5 4 , 2 7 6 1 5 9 , 5 8 6 1 3 4 , 2 0 7 1 1 6 , 1 1 2 1 0 8 , 0 7 6 9 3 , 6 8 5 9 8 , 9 0 2 8 6 , 2 3 3 1 1 1 , 4 4 1 104,902 Cu m u l a t i v e F o r e c a s t $ 1 4 6 , 7 1 6 3 2 4 , 9 8 0 4 7 9 , 2 5 6 6 3 8 , 8 4 2 7 7 3 , 0 4 9 8 8 9 , 1 6 1 9 9 7 , 2 3 8 1 , 0 9 0 , 9 2 3 1 , 1 8 9 , 8 2 5 1 , 2 7 6 , 0 5 8 1 , 3 8 7 , 4 9 8 1,492,400 Ac t u a l C o l l e c t e d $ 1 4 8 , 4 3 3 1 6 2 , 0 8 8 1 5 6 , 7 3 2 1 5 6 , 6 3 6 1 4 6 , 5 4 3 1 0 6 , 6 1 2 1 0 4 , 5 3 7 9 2 , 1 3 3 9 6 , 6 7 0 8 9 , 5 9 9 108,650 102,275 Cu m u l a t i v e C o l l e c t i o n $ 1 4 8 , 4 3 3 3 1 0 , 5 2 1 4 6 7 , 2 5 3 6 2 3 , 8 8 9 7 7 0 , 4 3 2 8 7 7 , 0 4 4 9 8 1 , 5 8 1 1 , 0 7 3 , 7 1 4 1 , 1 7 0 , 3 8 4 1 , 2 5 9 , 9 8 3 1,368,633 1,470,908 YE A R E N D F O R E C A S T 1 , 5 0 9 , 8 6 9 1 , 4 2 6 , 0 0 1 1 , 4 5 5 , 0 2 5 1 , 4 5 7 , 4 6 8 1 , 4 8 7 , 3 4 8 1 , 4 7 2 , 0 6 2 1 , 4 6 8 , 9 7 0 1 , 4 6 8 , 8 5 8 1 , 4 6 8 , 0 1 6 1 , 4 7 3 , 6 0 0 1,472,108 1,470,908 Pr o j e c t e d Y E V a r i a n c e 1 7 , 4 6 9 ( 6 6 , 3 9 9 ) ( 3 7 , 3 7 5 ) ( 3 4 , 9 3 2 ) ( 5 , 0 5 2 ) ( 2 0 , 3 3 8 ) ( 2 3 , 4 3 0 ) ( 2 3 , 5 4 2 ) ( 2 4 , 3 8 4 ) ( 1 8 , 8 0 0 ) (20,292) (21,492) Bu d g e t V a r i a n c e % 1 . 1 7 % - 4 . 4 5 % - 2 . 5 0 % - 2 . 3 4 % - 0 . 3 4 % - 1 . 3 6 % - 1 . 5 7 % - 1 . 5 8 % - 1 . 6 3 % - 1 . 2 6 % -1.36% - 1 . 4 4 % Ci t y o f E d m o n d s EL E C T R I C U T I L I T Y T A X 20 0 9 M o n t h l y R e v e n u e F o r e c a s t i n g M o d e l 20 0 9 C U M U L A T I V E C O L L E C T I O N S - 25 0 , 0 0 0 50 0 , 0 0 0 75 0 , 0 0 0 1, 0 0 0 , 0 0 0 1, 2 5 0 , 0 0 0 1, 5 0 0 , 0 0 0 1, 7 5 0 , 0 0 0 JA N F E B M A R A P R M A Y J U N J U L A U G S E P O C T N O V D E C Ac t u a l Bu d g e t R: \ T a x e s \ M a j o r R e v e n u e P r o j e c t i o n s . x l s 0 9 C H A R T S Pa g e 5 o f 5 11/5/2009 12:55 PM Pa c k e t Pa g e 64 of 13 3 AM-2595 2.D. Mid-Biennial Review City Council Committee Meetings Date:11/10/2009 Submitted By:Debra Sharp Submitted For:Lorenzo Hines Time:10 Minutes Department:Finance Type:Action Committee:Finance Information Subject Title Mid-biennial budget review and modification. Recommendation from Mayor and Staff Forward Ordinance to Council for placement on the consent agenda. Previous Council Action None Narrative Please review the attached documents for details of the proposed ordinance amendment. Fiscal Impact Attachments Link: 2010 Mid-Biennial Review Form Routing/Status Route Seq Inbox Approved By Date Status 1 City Clerk Sandy Chase 11/06/2009 10:27 AM APRV 2 Mayor Gary Haakenson 11/06/2009 10:39 AM APRV 3 Final Approval Sandy Chase 11/06/2009 10:49 AM APRV Form Started By: Debra Sharp Started On: 11/06/2009 09:25 AM Final Approval Date: 11/06/2009 Packet Page 65 of 133 ORDINANCE NO. _______ AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON, MODIFYING THE 2010 BUDGET AS ADOPTED BY REFERENCE IN ORDINANCE NO. 3711, AND FIXING A TIME WHEN THE SAME SHALL BECOME EFFECTIVE. WHEREAS, the City adopted the 2009-2010 Biennial Budget on December 2, 2008; and WHEREAS on November 20, 2007 the City Council adopted Ordinance No. 3671 that requires a mid-biennium review of the second year of each biennial budget; and WHEREAS, the City has completed its mid-biennium review of the 2009-2010 Adopted Budget; and WHEREAS, the City finds it necessary to adjust anticipated Property Tax Revenue, THEREFORE, THE CITY COUNCIL OF THE CITY OF EDMONDS, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. Section 1. of Ordinance No. 3711 adopting the final budget for the 2009-2010 biennium is hereby amended to reflect the changes shown in “Exhibit A” adopted herein by reference. Section 2. Effective Date. This ordinance, being an exercise of a power specifically delegated to the City legislative body, is not subject to referendum, and shall take L:\PRODUCTIONDB\AGENDA\CCOUNCIL\0019_2595_MID-BIENNIAL ORDINANCE.DOC Packet Page 66 of 133 effect five (5) days after passage and publication of an approved summary thereof consisting of the title. APPROVED: MAYOR, GARY HAAKENSON ATTEST/AUTHENTICATE: CITY CLERK, SANDRA S. CHASE APPROVED AS TO FORM: OFFICE OF THE CITY ATTORNEY: APPROVED AS TO FORM: OFFICE OF THE CITY ATTORNEY: BY ___ W. SCOTT SNYDER, CITY ATTORNEY FILED WITH THE CITY CLERK: PASSED BY THE CITY COUNCIL: PUBLISHED: EFFECTIVE DATE: ORDINANCE NO. 2 Packet Page 67 of 133 SUMMARY OF ORDINANCE NO. __________ of the City of Edmonds, Washington On the ____ day of ___________, 2009, the City Council of the City of Edmonds, passed Ordinance No. _____________. A summary of the content of said ordinance, consisting of the title, provides as follows: AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON, MODIFYING THE 2010 BUDGET AS ADOPTED BY REFERENCE IN ORDINANCE NO. 3711, AND FIXING A TIME WHEN THE SAME SHALL BECOME EFFECTIVE. The full text of this Ordinance will be mailed upon request. DATED this _____ day of ________________,2009. CITY CLERK, SANDRA S. CHASE 3 Packet Page 68 of 133 4 EXHIBIT“A:” BUDGET SUMMARY BY FUND Beginning Ending Fund Balance Revenue Expenditures Fund Balance GENERAL FUND 1,273,265 36,437,659 34,447,514 3,263,410 EMERGENCY/FINANCIAL RESERVE 1,927,600 0 0 1,927,600 LEOFF-MEDICAL INS. RESERVE 519,447 387,566 465,161 441,852 DRUG ENFORCEMENT FUND 140,281 28,500 74,115 94,666 STREET FUND 2,920 1,539,574 1,537,232 5,262 COMBINED STREET CONST/IMPROVE 241,345 2,172,797 2,332,560 81,582 MULTIMODAL TRANSPORTATION FD. 0 3,000,000 3,000,000 0 BUILDING MAINTENANCE 227,249 63,438 205,200 85,487 MUNICIPAL ARTS ACQUIS. FUND 307,702 115,540 110,425 312,817 MEMORIAL STREET TREE 17,725 400 0 18,125 HOTEL/MOTEL TAX REVENUE FUND 119,409 67,530 77,883 109,056 EMPLOYEE PARKING PERMIT FUND 100,510 27,500 26,086 101,924 YOUTH SCHOLARSHIP FUND 18,556 3,464 3,400 18,620 TOURISM PROMOTIONAL FUND/ARTS 32,252 17,483 22,100 27,635 REAL ESTATE EXCISE TAX 2 845,162 775,356 1,190,000 430,518 REAL ESTATE EXCISE TAX 1, PARKS ACQ FUND 470,789 764,397 956,796 278,390 GIFTS CATALOG FUND 158,500 4,361 750 162,111 CEMETERY MAINTENANCE/IMPROVEMT 131,802 208,630 151,289 189,143 FIRE DONATIONS 2,800 2,800 0 5,600 PARKS CONSTRUCTION FUND 0 1,784,000 1,784,000 0 L.I.D. FUND CONTROL 21,983 107,500 55,300 74,183 L.I.D. GUARANTY FUND 51,416 2,000 0 53,416 LIMITED TAX G.O. BOND FUND, 0 452,160 452,160 0 COMBINED UTILITY OPERATION 4,666,512 12,781,473 15,301,171 2,146,814 COMBINED UTILITY CONST/IMPROVE 316,956 6,658,332 6,823,600 151,688 CAPITAL IMPROVEMENTS RESERVE 163,827 610,000 571,412 202,415 EQUIPMENT RENTAL FUND 4,513,018 2,158,684 1,702,193 4,969,509 PARKS TRUST FUND 149,473 3,760 0 153,233 CEMETERY MAINTENANCE TRUST FD 770,612 31,223 0 801,835 FIREMEN'S PENSION FUND 264,295 103,782 125,048 243,029 SISTER CITY COMMISSION 17,718 21,400 21,000 18,118 TOTALS 17,473,124 70,331,309 71,436,395 16,368,038 Packet Page 69 of 133 AM-2590 2.E. Finding of Substantial Need Resolution; Property Tax Ordinance. City Council Committee Meetings Date:11/10/2009 Submitted By:Lorenzo Hines Time:10 Minutes Department:Finance Type: Committee:Finance Information Subject Title Finding of Substantial Need Resolution; Property Tax Ordinance. Recommendation from Mayor and Staff Approve Previous Council Action None Narrative The 2010 Property Tax Ordinance allows for collection of various levies to support the City's effort. Given the regional economic decline a Finding of Substantial Need Resolution is necessary to collect the maximum levy amounts. Fiscal Impact Fiscal Year: 2010 Revenue: $14.1M Expenditure: Fiscal Impact: An ordinance of the city of edmonds, Washington, providing for the annual tax levy by increasing the regular property tax levy by the current 101% levy limit, thereby levying an estimated regular property tax levy of $9,383,000, EMS levy of $3,911,000 and levying $853,084 for voted indebtedness for the public safety complex, and fixing a time when the same shall become effective. Attachments Link: 2010 Levy Ordinance Link: Resolution for Finding of Substantial Need Form Routing/Status Route Seq Inbox Approved By Date Status 1 City Clerk Sandy Chase 11/05/2009 01:45 PM APRV 2 Mayor Gary Haakenson 11/05/2009 01:52 PM APRV 3 Final Approval Sandy Chase 11/05/2009 02:54 PM APRV Form Started By: Lorenzo Hines Started On: 11/05/2009 01:25 PM Final Approval Date: 11/05/2009 Packet Page 70 of 133 Packet Page 71 of 133 ORDINANCE NO. ------ AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON, PROVIDING FOR THE ANNUAL TAX LEVY BY INCREASING THE REGULAR PROPERTY TAX LEVY BY THE CURRENT 101% LEVY LIMIT, THEREBY LEVYING AN ESTIMATED REGULAR PROPERTY TAX LEVY OF $9,383,000, EMS LEVY OF $3,911,000 AND LEVYING $853,084 FOR VOTED INDEBTEDNESS FOR THE PUBLIC SAFETY COMPLEX, AND FIXING A TIME WHEN THE SAME SHALL BECOME EFFECTIVE. WHEREAS, the City Council adopted the 2009-2010 biennial budget on December 2, 2008, per Ordinance 3711; and WHEREAS, the City Council in the course of considering the budget for 2010 have reviewed all sources of revenue and examined all anticipated expenses and obligations; and WHEREAS, the City Council hereby determines following public hearing that it is in the best interest of and necessary to meet the expenses and obligations of the City to increase the regular property levy and EMS levy by 1%; and WHEREAS, the Snohomish County Assessor’s Office has requested that all Snohomish County Taxing Districts submit their levy certifications to the county on the State Department of Revenue standardized form REV 64 0100; NOW, THEREFORE THE CITY COUNCIL OF THE CITY OF EDMONDS, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. The limit factor for the regular levy to be collected in budget year 2010 shall be 101% of the highest amount of regular property taxes that could have been levied in the City in any year since 1985. Section 2. Regular Property Tax. The 2009 regular property tax levy for collection in 2010 is the amount levied in 2008 for collection in 2009, plus an increase of 2008 Property Tax Ordinance Page 1 of 5 Packet Page 72 of 133 $92,382 which is a percentage increase of 1%, plus an increase equal to the amount allowed by one or more of the following; new construction, improvements to property, newly constructed wind turbines, any increase in the value of state assessed property, any annexations that have occurred and refunds made, for an estimated total levy of $9,383,000. Section 3. Emergency Medical Services (EMS) property tax levy. The 2009 EMS property tax levy for collection in 2010 is the amount levied in 2008 for collection in 2009, plus an increase of $38,546 which is a percentage increase of 1%, plus an increase equal to the amount allowed by one or more of the following; new construction, improvements to property, newly constructed wind turbines, any increase in the value of state assessed property, any annexations that have occurred and refunds made, for an estimated total levy of $3,911,000. Section 4. There shall be and is hereby levied current taxes of $853,084, the purpose of which is to make debt service payments on voter approved bonds. Section 5. The levies contained in sections 2 through 4 are subject to amendment upon receipt of 2009 assessed valuation from Snohomish County. Section 6. Pursuant to the request by the Snohomish County Assessor’s Office, the Finance Director is hereby authorized to submit to the Snohomish County Council certification of the hereby approved levies on the State Department of Revenue standardized form REV 64 0100 attached hereto as Exhibit A. Section 7. Severability. If any section, sentence, clause or phrase of this ordinance should be held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of any other section, sentence, clause or phrase of this ordinance. 2008 Property Tax Ordinance Page 2 of 5 Packet Page 73 of 133 Section 8. Effective Date. This ordinance, being an exercise of a power specifically delegated to the City legislative body, is not subject to referendum, and shall take effect five (5) days after passage and publication of an approved summary thereof consisting of the title. It is enacted on a vote of a majority plus one of the City Council. APPROVED: MAYOR, GARY HAAKENSON ATTEST/AUTHENTICATED: CITY CLERK, SANDRA S. CHASE APPROVED AS TO FORM: OFFICE OF THE CITY ATTORNEY: BY FILED WITH THE CITY CLERK: PASSED BY THE CITY COUNCIL: PUBLISHED: EFFECTIVE DATE: ORDINANCE NO. 2008 Property Tax Ordinance Page 3 of 5 Packet Page 74 of 133 SUMMARY OF ORDINANCE NO. ----- of the City of Edmonds, Washington On the 17th day of November, 2009, the City Council of the City of Edmonds, passed Ordinance No. -----. A summary of the content of said ordinance, consisting of the title, provides as follows: AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON, PROVIDING FOR THE ANNUAL TAX LEVY BY INCREASING THE REGULAR PROPERTY TAX LEVY BY THE CURRENT 101% LEVY LIMIT, THEREBY LEVYING AN ESTIMATED REGULAR PROPERTY TAX LEVY OF $9,383,000, EMS LEVY OF $3,911,000 AND LEVYING $853,084 FOR VOTED INDEBTEDNESS FOR THE PUBLIC SAFETY COMPLEX, AND FIXING A TIME WHEN THE SAME SHALL BECOME EFFECTIVE. The full text of this Ordinance will be mailed upon request. DATED this 17th day of November, 2009. CITY CLERK, SANDRA S. CHASE 2008 Property Tax Ordinance Page 4 of 5 Packet Page 75 of 133 Exhibit A – Levy Certification Levy Certification Submit this document to the county legislative authority on or before November 30 of the year preceding the year in which the levy amounts are to be collected and forward a copy to the assessor. In accordance with RCW 84.52.020, I, Lorenzo Hines Jr., Finance Director, for the City of Edmonds, do hereby certify to the Snohomish County legislative authority that the Council of said district requests that the following levy amounts be collected in 2010 as provided in the district’s budget, which was adopted following a public hearing on October 21, 2008. Regular Levy: $9,383,000 Excess Levy: $853,084 EMS Levy: $3,911,000 ___________________________________________ Signature Date 2008 Property Tax Ordinance Page 5 of 5 Packet Page 76 of 133 RESOLUTION NO. ------ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EDMONDS, WASHINGTON, FINDING THE EXISTENCE OF SUBSTANTIAL NEED AND JUSTIFYING INCREASING THE PROPERTY TAX LEVY FOR THE CITY REGULAR PROPERTY TAX AND EMERGENCY MEDICAL SERVICE LEVIES FOR 2010 AT A RATE OF 1.0% OVER THE PREVIOUS YEAR. THIS INCREASE OF CITY REGULAR PROPERTY TAXES OVER THE 2009 LEVY EQUATES TO A RATE EQUAL TO 1.0% OR $92,382. THE INCREASE OF THE CITY EMS LEVY OVER THE 2009 LEVY EQUATES TO A RATE EQUAL TO 1.0% OR $38,546. WHEREAS, Chapter 84.55 RCW requires cities in excess of 10,000 in population, following public hearing and by separate resolution to find and determine the existence of a substantial need in order to justify tax increases above the Implicit Price Deflator, and WHEREAS, the City Council has determined that the City needs increased revenue due to the City’s declining sales tax revenue which is the result of the regional economic decline, the City Council finds that there is a substantial need to set the levy limit at one hundred one percent for both the regular property levy and the EMS levy. WHEREAS, the City Council enters these findings following public hearing prior to raising tax rates, now, therefore, THE CITY COUNCIL OF THE CITY OF EDMONDS, WASHINGTON, HEREBY RESOLVES AS FOLLOWS: Section 1. The City Council finds that there is a substantial need to set the levy limit at one hundred one percent for both the regular property levy and the EMS levy. The {WSS416764.DOC;1/00006.900000/} Packet Page 77 of 133 {WSS416764.DOC;1/00006.900000/} increase of its regular property tax levy over 2009 equals 1.0% or $92,382 and the increase for the Emergency Medical Services levy equals 1.0% or $38,546 based on the following substantial needs for budget year 2010: The City needs increased revenue due to the City's declining sales tax revenues which are the result of the regional economic decline. Section 2. This resolution has been enacted by a vote of the majority plus one of the City Council. It is the City Council's intent, by enacting this resolution, to reserve to itself the ability to levy in this, or any future budget cycle pursuant to RCW 84.55.015 and 84.55.092, the full levy amount permitted by law. RESOLVED this 17th day of November, 2009. APPROVED: MAYOR, GARY HAAKENSON ATTEST/AUTHENTICATED: CITY CLERK, SANDRA S. CHASE FILED WITH THE CITY CLERK: PASSED BY THE CITY COUNCIL: RESOLUTION NO. Packet Page 78 of 133 AM-2582 3.A. Contract for Jail Services with Snohomish County Sheriff's Office City Council Committee Meetings Date:11/10/2009 Submitted By:Gerry Gannon Submitted For:Al Compaan Time:10 Minutes Department:Police Department Type:Action Committee:Public Safety Information Subject Title Contract for Jail Services with Snohomish County Sheriff's Office. Recommendation from Mayor and Staff Staff recommends that the Public Safety Committee recommend the jail contract to be placed on the consent agenda for approval for the Mayor to sign the contract with Snohomish County. Previous Council Action None Narrative The current contract with Snohomish County Corrections expires December 31, 2009. The current contract allowed agencies to select a level of service for inmate bed space. We were at the highest level that guaranteed there would be bed space for our prisoners. Our current booking fee is $92.76 and the daily fee is $61.11. The new contract does away with the different levels of service. All municipal agencies will be paying the same amount for booking and daily fees. In the proposed 2010 contract the booking fee is set at $90.00 and the daily fee is $62.50. Any increases to the booking and daily fees for 2011 and 2012 are based on 90% of the Seattle-Tacoma-Bremerton June CPI-U with a maximum increase of 3%. The attached contract has been reviewed by the City Attorney and has been approved as to form. Fiscal Impact Attachments Link: 2010 Jail Contract Form Routing/Status Route Seq Inbox Approved By Date Status 1 City Clerk Sandy Chase 11/05/2009 11:37 AM APRV 2 Mayor Gary Haakenson 11/05/2009 11:46 AM APRV 3 Final Approval Sandy Chase 11/05/2009 12:15 PM APRV Form Started By: Gerry Gannon Started On: 10/30/2009 01:13 PM Final Approval Date: 11/05/2009 Packet Page 79 of 133 Packet Page 80 of 133 INTERLOCAL AGREEMENT FOR JAIL SERVICES THIS INTERLOCAL AGREEMENT FOR JAIL SERVICES (the “Agreement”) is entered into by and between SNOHOMISH COUNTY, a political subdivision of the State of Washington (hereinafter COUNTY) and the City of Edmonds, a municipal corporation of the State of Washington (hereinafter CITY). NOW, THEREFORE, in accordance with the Interlocal Cooperation Act (Chapter 39.34 RCW) and the City and County Jails Act (Chapter 70.48 RCW), the COUNTY and CITY hereby agree as follows: Section 1 Definitions A. The term “Jail” means a COUNTY operated facility primarily designed, staffed, and used for the housing of adults charged or convicted of a criminal offense; for the punishment, correction, and rehabilitation of offenders convicted of a criminal offense; or for confinement during a criminal investigation or for civil detention to enforce a court order. Upon the date of the execution of this Agreement, Jail includes the Snohomish County Main Jail and Community Corrections. B. The term “Book” means the act of registering, screening and examining inmates for confinement in the Jail; inventorying and safekeeping inmates’ personal property; maintaining all computerized records of arrest; performing warrant checks; and all other activities associated with processing an inmate for confinement. C. The term “CITY Inmate” means a person Booked or housed in the Jail for whom the CITY is a billable agency under the procedure set out in Section 6. D. The term “COUNTY Inmate” means any person Booked or housed in the Jail who is not a CITY Inmate. E. The term “Bureau Chief” means the Corrections Bureau Chief, Snohomish County Sheriff’s Office. F. The term “CITY Municipal Code” means the Municipal Code of the CITY signing this Agreement. G. The term “CITY Municipal Court” means the Court of Limited Jurisdiction charged with hearing violations of the CITY Municipal Code, including any division of the COUNTY District Court acting for the CITY via a service contract. H. The term “Cities” means collectively all cities that have executed Interlocal Agreements for Jail Services with the COUNTY in substantially the same form as this Agreement. ____________________________________________________________________________________________________ Interlocal Agreement for Jail Services Page 1 of 17 2010 - 2014 Packet Page 81 of 133 I. The term “Force Majeure” means war, civil unrest, and any natural event outside of the party’s reasonable control, including fire, storm, flood, earthquake, or other act of nature. J. The term “Business Day” means Monday through Friday, 8:00 a.m. until 5:00 p.m. excluding COUNTY recognized holidays, K. The term “maximum allowable population level” means the greatest allowable number of inmates that can be held in the Jail in a safe, secure humane manner. The maximum allowable population level shall be determined by the Sheriff or his designee. Section 2 Purpose Under the authority of Chapter 70.48 RCW, the COUNTY maintains a Jail. The CITY from time to time desires to confine CITY inmates in the COUNTY Jail. In return for payment as specified in Section 9, the COUNTY agrees to furnish its facilities and personnel for confinement of CITY prisoners subject to the terms of this agreement. Community Corrections options will also be made available to qualifying CITY Inmates based on rules and conditions as laid out in Exhibit B, attached hereto and incorporated herein by reference. Section 3 Term This Agreement shall be in effect from the date of signature and shall continue until December 31, 2014, or until terminated by either party in accordance with Section 4, PROVIDED that the COUNTY’S obligations are contingent upon local legislative appropriation of necessary funds in accordance with applicable laws and the Snohomish County Charter. Section 4 Termination In the event that either party desires to terminate this agreement, one (1) year’s written notice shall be provided to the other party. Section 5 Population Level Limitation In the event that the Jail’s maximum acceptable population level is reached, inmates who are confined on Snohomish County charges or commitments will have first priority. In the event that inmate’s are required to leave the Jail, out-of-county inmates shall be the first inmates removed. Every effort will be made to manage the average daily population (ADP), including booking restrictions as a method to lower the ADP. The Bureau Chief shall have final authority on reduction measures. ____________________________________________________________________________________________________ Interlocal Agreement for Jail Services Page 2 of 17 2010 - 2014 Packet Page 82 of 133 Section 6 Placing CITY Inmates in Jail by Law Enforcement Personnel Subject to the conditions stated herein, and the constraints listed in the previous sections, the COUNTY will accept arrested persons delivered to the Jail for confinement, including persons arrested for, or convicted of, violations of the CITY Municipal Code and will hold them until such time as they are lawfully discharged from custody pursuant to law, or returned to the custody of the CITY. A. CITY law enforcement personnel will follow all Jail procedures when presenting arrested persons for Booking. B. The Jail will not receive a person into custody until the officer having custody of the person provides the Jail with proper documentation of the Jail’s legal basis to hold the person in custody. Proper documentation will consist of an arrest warrant, the order of a court of competent jurisdiction, or a properly completed Notice of Arrest on the form provided by the court into which the person is being cited. C. An arrested person will not be considered a CITY Inmate for purposes of this Agreement until transfer of custody is complete. Transfer of custody from CITY law enforcement personnel to the Jail will not occur until the Jail receives both the legal basis to hold the arrested person and has medically cleared the arrested person as “fit for Jail.” The Bureau Chief shall have final authority on all “fit for Jail” determinations. D. A CITY police officer may request that a person be Booked for information purposes only (I.D. Booking), in which case, the person will be Booked and immediately thereafter returned to the custody of the CITY police officer. E. Conditions under which an inmate is billable to a CITY: a. Inmate Status: An inmate is billable to a CITY during the time period when: i. The inmate is being held on violation of a misdemeanor or gross misdemeanor or on a warrant or court order issued by the CITY’s Municipal Court; ii. The inmate is not being held on any active County felony charge; and iii. The inmate is not a Federal inmate who can be removed by the Federal agency without regard to local charges. b. An inmate is also billable to a CITY during the time when: i. The inmate is billable to a CITY in accordance with Section ____________________________________________________________________________________________________ Interlocal Agreement for Jail Services Page 3 of 17 2010 - 2014 Packet Page 83 of 133 ii. The inmate is being held by the State for a violation of the Offender Accountability Act and the CITY will not allow the State to move the inmate. F. Active vs. Inactive Charges: A charge is considered inactive and not relevant for billing purposes when: a. The inmate receives a personal recognizant release, posts bail or finishes serving a sentence on that charge; or b. The charge is dismissed, not filed or otherwise withdrawn; or c. The charge carries a consecutive sentence the prisoner has not yet begun to serve; or d. The agency with jurisdiction on that charge cannot remove the inmate to its own facility until other charges requiring the inmate’s custody in the Jail are satisfied. G. Booking Fees: Booking fees are assessed against the Cities or agencies billable at time of Booking. A CITY that becomes billable only when Booking charges become inactive or when new charges are added is not responsible for any part of the Booking fee. H. A City will not be billed for subsequent Bookings when the inmate: a. Returns from a furlough or temporary removal order, unless the inmate is arrested and charged with escape for failing to return voluntarily; or b. Is serving a sentence on weekends; or c. Has more charges than can be contained in single Booking record, requiring the creation of a new Booking. I. The CITY will be billed for a subsequent Booking following a break in custody when the inmate: a. Is Booked on new charges; or b. Returns to custody on a warrant or bond surrender or to serve a sentence on a charge on which the inmate was previously Booked; or c. Did not return voluntarily from a court ordered temporary removal order ____________________________________________________________________________________________________ Interlocal Agreement for Jail Services Page 4 of 17 2010 - 2014 Packet Page 84 of 133 Section 7 Walk-In Commitments A. Subject to the conditions stated herein, the COUNTY will accept persons sentenced to a term of confinement to Jail by a CITY Municipal Court, including persons convicted of violations of the CITY Municipal Code and will hold them until such time as they are lawfully discharged from custody pursuant to law and the terms of the judicial Order of Commitment, or returned to the custody of the CITY. B. A person reporting for commitment will not be Booked until a valid judicial Order of Commitment has been received from the CITY Municipal Court. C. A person reporting for commitment will not be considered a CITY inmate for the purposes of this Agreement until the person is accepted for Booking. Acceptance for Booking will occur when the Jail receives an Order of Commitment and has medically cleared the person reporting for commitment as “fit for Jail”. In the event that a person reporting for commitment is not accepted for Booking, the Jail will notify the CITY Municipal Court of the person’s non-acceptance and the reason for the non-acceptance. Notification will occur on the same day if the non-acceptance occurs during a Business Day or on the following Business Day if the non-acceptance occurs after the end of a Business Day. Section 8 Rules Relating to Prisoners in Custody. A. Persons convicted of violations of the CITY Municipal Code may earn early release time of up to one third of the total sentence as authorized by Chapter 9.94A RCW. B. Investigators directed by the CITY attorney and CITY police officers will have the right to interview CITY inmates inside the confines of the Jail, subject to necessary operational and security rules. Interview rooms will be made available as appropriate to CITY police officers in equal priority with those of other CITY police departments. C. CITY Inmates will be under the complete charge of the COUNTY and subject to all applicable rules of the Jail, including any emergency security rules imposed by the Bureau Chief. It is expressly agreed by the CITY that visitation and telephone privileges of CITY inmates, if any, will be the same as COUNTY inmates and subject to applicable requirements of law. D. The Jail will be administered by the COUNTY in accordance with the rules and regulations of the COUNTY, COUNTY ordinances and in accordance with the rules and regulations of any agency of the State of Washington empowered to make rules governing the administration of county jails. ____________________________________________________________________________________________________ Interlocal Agreement for Jail Services Page 5 of 17 2010 - 2014 Packet Page 85 of 133 E. CITY Inmates may be made inmate workers at the discretion of the COUNTY, and such inmates may be allowed by the COUNTY to work on public property. F. The COUNTY will provide transportation of CITY inmates to the following courts for arraignment, trial or other hearing as required by the following Divisions of the Snohomish County District Court: Cascade Division, Everett Division, Evergreen Division and South Division, PROVIDED that should the COUNTY consolidate all in-custody District Court matters into one Division of the District Court, then the COUNTY will provide transportation only to the consolidated court location. Nothing in this Agreement shall be construed to prevent the CITY from transporting its own inmates to and from a court appearance. The COUNTY will provide transportation of CITY inmates to and from medical facilities when the Jail Medical Supervisor has determined that such treatment is necessary under Section 9(d). The CITY will furnish all other transportation of CITY Inmates. Section 9 Fees A. The CITY will pay the COUNTY fees for services as follows: a. Booking Fee: A Booking Fee shall be assessed for the Booking of CITY Inmates by or on behalf of the CITY into the Jail. It is the only fee charged for inmates released within four (4) hours of Booking into the Jail. The 2010 Booking Fee shall be ninety dollars ($90) per Booking. b. Daily Maintenance Fee: A Daily Maintenance Fee shall be assessed for each calendar day that a CITY Inmate is housed in the Jail. This fee shall not be charged for inmates released within four (4) hours of Booking. The 2010 Daily Maintenance Fee shall be sixty-two dollars and fifty cents ($62.50) per day for each housing day. c. Work Release Daily Fee: A Work Release Daily Fee shall be assessed for each calendar day that a CITY Inmate is housed in the Work Release facility. The 2010 Work Release Daily Fee shall be forty-two dollars ($42) per day for each housing day. d. Electronic Home Detention (EHD) daily fee: An EHD daily fee shall be assessed for each calendar day that a CITY Inmate participates in the EHD program. The 2010 EHD daily fee shall be sixteen dollars ($16) per day for each housing day. The COUNTY will prorate the CITY’s fee based on an inmate’s ability to pay a portion of the EHD fee. e. In-Custody Work Crew Daily Fee: An In-Custody Work Crew Daily Fee shall be assessed for each calendar day that a CITY Inmate participates in the In-Custody Work Crew program. The 2010 In-Custody Work Crew Fee shall ____________________________________________________________________________________________________ Interlocal Agreement for Jail Services Page 6 of 17 2010 - 2014 Packet Page 86 of 133 B. The billing process calculates booking and daily inmate charges using proportional methodology. If multiple jurisdictions have an open misdemeanor charge on an individual, the jurisdictions will share the cost as long as an open charge persists for that agency. A contract agency is billed for booking an individual for its misdemeanor charge or charges. If there are open charges with more than one contract agency, each agency will be billed in equal portions. The same process applies for determining the daily billing. When a contracting agency’s charge is closed, that agency drops from the proportional billing process. The proportional billing is recalculated without that agency. If an agency has multiple open misdemeanor charges, the agency is only billed as one element of the proportional booking process, equal to all others with open misdemeanor charges. Additionally, there will be no partial days billed. The billing process looks at who is billable to whom each day and bills accordingly. See Exhibit A attached hereto and incorporated herein by reference. C. Fees will increase each calendar year during the term of this Agreement by a rate equal to ninety percent (90%) of the Bureau of Labor Statistics Consumer Price Index (Urban Wage Earners) for the Seattle-Tacoma-Bremerton area, measured from June of the prior year to June of the current year. In no event shall the increase be greater than three percent (3%). D. In July each year, the COUNTY will provide the CITY with Fees for the following year. Annual revision of fees will be established by notice to the CITY, as provided in Section 14. The new fees will go into effect with the January billing. E. Costs incurred for necessary medical services provided to CITY Inmates beyond routine medical examinations, tests, procedures and prescriptions will be borne by the CITY in addition to the basic rates set out in Section 9(A). If an inmate suffers an injury while in the custody of the Jail, the COUNTY will bear all expenses not covered by the inmate’s health insurance and/or public assistance. The Custody or Medical Supervisor(s) on duty in the Jail is hereby granted the authority to seek necessary medical services for CITY Inmates without consulting with CITY officials; PROVIDED, that when it appears that a CITY Inmate, due to illness, will incur unusual or substantial medical expenses, the COUNTY shall notify the CITY prior to seeking treatment unless immediate treatment is required for a life threatening emergency. If the Custody or Medical Supervisor(s) on duty orders immediate treatment, the COUNTY will notify the CITY as soon after the event as possible. The CITY and the COUNTY will comply with the requirements of the Health Insurance Portability and Accountability Act of 1996 (HIPAA) and Snohomish County policies and procedures regarding HIPAA. The COUNTY will credit amounts received from the inmate’s own health insurance and applicable public assistance before billing the CITY. ____________________________________________________________________________________________________ Interlocal Agreement for Jail Services Page 7 of 17 2010 - 2014 Packet Page 87 of 133 Section 10 Method of Payment & Billing Dispute Resolution Procedure A. The COUNTY shall transmit billings to the CITY monthly. Within thirty (30) days after receipt, the CITY shall pay the full amount billed. B. Payments from the CITY shall clearly indicate that the payment is for Jail services and the period covered by the payment. C. If a CITY disputes amounts billed, it shall have thirty (30) days after receipt of billing to notify the COUNTY of alleged mistakes incorrectly calculating the amount the CITY owes the COUNTY. The CITY will provide the COUNTY with documentation for all alleged discrepancies. The COUNTY will address all alleged discrepancies within fifteen (15) working days of receipt of documentation. Credits for resolved discrepancies will be reflected on next billing cycle. The COUNTY will notify the CITY of all unresolved discrepancies. D. Withholding of any amount billed or alleging that any party is in violation of any provision of this Agreement shall constitute a dispute, which shall be resolved as follows: a. The Bureau Chief and CITY Police Chief or their designees shall attempt to resolve the dispute by negotiation. If such negotiation is unsuccessful, the dispute shall be appealed to the Chief Executive Officer of the CITY and the COUNTY Executive for settlement. If not resolved within thirty (30) days of referral, the Chief Executive Officer of the CITY and the COUNTY Executive 1) may by mutual written consent apply to the Presiding Judge of the Snohomish County Superior Court for appointment of an arbitrator whose decision shall be final and binding on both parties. OR 2) may invoke the procedures set out in RCW 39.34.180(3) for binding arbitration. Each party shall pay one-half of any arbitration fees incurred. b. Any amount withheld from a billing, which is determined to be owed to the COUNTY pursuant to the dispute resolution procedure described herein, shall be paid by the CITY within thirty (30) days of the date of the negotiated resolution or appeal determination. E. Any undisputed billing amount not paid by the CITY within forty-five (45) days of receipt of the billing, and any amounts found to be owing to the COUNTY as a result of the billing dispute resolution procedure set forth in Section 10(D) that are not paid within thirty (30) days of dispute resolution, shall be conclusively established as a lawful debt owed to the COUNTY by the CITY, shall be binding on the parties and shall not be subject to legal question either directly or collaterally. This provision shall not limit a CITY’s ability to challenge or dispute any billings that have been paid by the CITY. ____________________________________________________________________________________________________ Interlocal Agreement for Jail Services Page 8 of 17 2010 - 2014 Packet Page 88 of 133 F. If the CITY fails to pay a billing within forty-five (45) days of receipt, the CITY shall be deemed to have waived its right to house CITY Inmates in the Jail and, at the COUNTY’s request, will remove CITY Inmates already housed in the Jail within thirty (30) days. Thereafter, the COUNTY, at its sole discretion, may accept no further CITY Inmates until all outstanding bills are paid. G. The COUNTY may charge an interest rate equal to the interest rate on the monthly COUNTY investment earnings on any undisputed billing amount not paid by the CITY within forty-five (45) days of receipt of the billing, and any amounts found to be owing to the COUNTY as a result of the billing dispute resolution procedure. H. Each party may examine the other's books and records to verify charges. If an examination reveals an improper charge, the next billing statement will be adjusted appropriately. Section 11 Indemnification A. The COUNTY shall indemnify and hold harmless the CITY and its officers, agents, and employees, or any of them, from any and all claims, actions, suits, liability, loss, costs, expenses, and damages of any nature whatsoever, by reason of or arising out of any negligent action or omission of the COUNTY, its officers, agents, and employees, or any of them related to the services provided under this Agreement. In the event that any suit based upon such a claim, action, loss, or damage is brought against the CITY, the COUNTY shall defend the same at its sole cost and expense; provided, that, the CITY retains the right to participate in said suit if any principle of governmental or public law is involved; and if final judgment be rendered against the CITY and its officers, agents, and employees, or any of them, or jointly against the CITY and the COUNTY and their respective officers, agents, and employees, or any of them, the COUNTY shall satisfy the same. B. The CITY shall indemnify and hold harmless the COUNTY and its officers, agents, and employees, or any of them, from any and all claims, actions, suits, liability, loss, costs, expenses, and damages of any nature whatsoever, by reason of or arising out of any negligent act or omission of the CITY, its officers, agents, and employees, or any of them related to the arrest or confinement of a CITY inmate. In the event that any suit based upon such a claim, action, loss, or damage is brought against the COUNTY, the CITY shall defend the same at its sole cost and expense; provided that the COUNTY retains the right to participate in said suit if any principle of governmental or public laws is involved; and if final judgment be rendered against the COUNTY, and its officers, agents, and employees, or any of them, or jointly against the COUNTY and the CITY and their respective officers, agents, and employees, or any of them, the CITY shall satisfy the same. ____________________________________________________________________________________________________ Interlocal Agreement for Jail Services Page 9 of 17 2010 - 2014 Packet Page 89 of 133 C. In the event of the concurrent negligence of the parties, the COUNTY’s and the CITY’s obligations hereunder shall apply to the percentage of fault attributable to the COUNTY and CITY or the COUNTY’s and CITY’s agents, employees or officials respectively. D. The foregoing indemnity is specifically and expressly intended to constitute a waiver of the CITY’s indemnity under Washington’s Industrial Insurance act, Title 51 RCW, as respects the COUNTY only, and only to the extent necessary to provide the COUNTY with a full and complete indemnity of claims made by the CITY’s employees. The parties acknowledge that these provisions were specifically negotiated and agreed upon by them. E. In executing this agreement, the COUNTY does not assume liability or responsibility for or in any way release the CITY from any liability or responsibility, which arises in whole or in part from the existence or effect of the CITY Municipal Code, rules or regulations. If any cause, claim, suit, action or administrative proceeding is commenced in which the enforceability and/or validity of any such CITY Municipal Code, rule or regulation is at issue, the CITY shall defend the same at its sole expense and if judgment is entered or damages are awarded against the CITY, the COUNTY, or both, the CITY shall satisfy the same, including all chargeable costs and attorney's fees. F. The terms of Section 11 shall survive the termination or expiration of this Agreement. Section 12 Non-Waiver of Rights Except as provided in subsections 11(E) or 11(F), no waiver of any right under this Agreement shall be effective unless made in writing by the authorized representative of the party to be bound thereby. Failure to insist upon full performance of any one or several occasions does not constitute consent to or waiver of any later non-performance nor does payment of a billing or continued performance after notice of a deficiency in performance constitute an acquiescence thereto. The parties are entitled to all remedies in law or equity. Section 13 Modification / Amendment All provisions of this Agreement may be modified and amended with the written consent of the parties. This Agreement may not be modified orally. Modification must be accomplished with the same formalities as are required for execution of this agreement. Section 14 Notices A. All notices required by this Agreement to be given to the COUNTY shall be made in writing and personally delivered or sent by certified mail to the Bureau Chief. ____________________________________________________________________________________________________ Interlocal Agreement for Jail Services Page 10 of 17 2010 - 2014 Packet Page 90 of 133 B. All notices required by this Agreement to be given to the CITY shall be made in writing and personally delivered or sent by certified mail to the Chief Law Enforcement Officer of the CITY. C. The Bureau Chief and the Chief Law Enforcement Officer of the CITY, shall be the administrators of this Agreement pursuant to RCW 39.34.030(4)(a). Section 15 Entire Agreement A. This Agreement represents the entire understanding of the parties and supersedes any oral representations that are inconsistent with or modify its terms and conditions. B. Nothing in this Agreement shall limit the ability of the COUNTY to contract with other entities at different rates or terms. Section 16 Force Majeure In the event either party’s performance of any of the provisions of this Agreement become impossible due to Force Majeure, that party will be excused from performing such obligations until such time as the Force Majeure event has ended and all facilities and operations have been repaired and/or restored. Section 17 Severability If any provision of this Agreement is found to be invalid or contrary to law, the remainder of this Agreement shall not be affected thereby. Section 18 No Creation of or Expansion of Duty to Supervise; No Partnership or Joint Venture A. Nothing in this Agreement shall be construed as creating, modifying, or expanding any duty on the part of the COUNTY. By agreeing to provide the Community Corrections Programs described in Exhibit B to the CITY, the COUNTY is not agreeing to any supervision of CITY inmates except as specifically provided herein. Nothing in this Agreement shall be interpreted as a delegation by the CITY, the CITY Municipal Court or the CITY Municipal Court’s probation department to the COUNTY of its duty of supervision. B. Nothing in this Agreement shall be construed to render the parties partners or joint venturers. Section 19 Offer A. This Agreement is offered to all entities currently contracting with the COUNTY for ____________________________________________________________________________________________________ Interlocal Agreement for Jail Services Page 11 of 17 2010 - 2014 Packet Page 91 of 133 B. This Agreement may be offered to entities not previously contracting with the COUNTY for jail services. C. This Agreement shall be offered first to currently contracting entities, and only then to non-contracting entities. However, it is the date of acceptance of this Agreement that shall control any section that considers order of signature rather than the date of the offer. Section 20 Filing Pursuant to Chapter 39.34 RCW, a copy of this Agreement as fully executed shall be filed by the COUNTY with the County Auditor and by the CITY with the City Clerk. IN WITNESS WHEREOF, the COUNTY and the CITY have executed this Agreement by subscribing their names as follows: SNOHOMISH COUNTY CITY OF _______________________________ ______________________________ Aaron Reardon Date Date COUNTY EXECUTIVE MAYOR ATTEST: ______________________________ Date APPROVED AS TO FORM: ___________________________________________ DEPUTY PROSECUTING ATTORNEY Date ____________________________________________________________________________________________________ Interlocal Agreement for Jail Services Page 12 of 17 2010 - 2014 Packet Page 92 of 133 EXHIBIT A PROPORTIONAL BILLING Each day the billing program examines the open charges for each active booking and applies uniform rules for determining billable charges and identifying the billable agencies. The procedure for selecting the billable charges and responsible agencies is outline below. The program proceeds in sequence through the series of steps only as far as needed to isolate a billable charge and determine the responsible agency. A. Select all felony charges. If there is more than one, go to Rule #2. If there is a felony but no State DOC hold, do not bill. If there are no felony charges, go to Rule #5. B. Select the Arresting Agency DOC-Parole-Olympia. If there are no other arresting agency charges, determine if charge is State DOC and bill accordingly. C. If there is a State DOC hold and additional local charges (Snohomish County or contracting cities; felony, misdemeanor, or gross misdemeanor) do not bill. D. If there is a State DOC hold and non local additional charges (from other county and municipal agencies not contracting services with Snohomish County), bill State DOC. E. Select all open misdemeanor charges. Bill the responsible agency. If there are open charges with more than one contract agency, go to Rule #6. F. If there are open misdemeanor charges with multiple contract agencies, bill each agency in equal portion (e.g., two agencies 50/50). If an agency has multiple open misdemeanor charges, the agency is only billed as one element of the proportional booking process, equal to all others with open misdemeanor charges. Example: If municipal agency A has one open misdemeanor and municipal agency B has two open misdemeanor charges at the same time, each agency is billed for 50% of the day. G. When an agency’s charge is closed, that agency drops from the proportional billing process. The proportional billing is recalculated without that agency. Example: Municipal agency A has one open misdemeanor and municipal agency B has an open misdemeanor charge. Municipal agency B’s charge is closed. Agency A is billed for 100% from then on. H. When there is a Snohomish County misdemeanor charge and contract agency misdemeanor charge, the County is billed its proportional part. ____________________________________________________________________________________________________ Interlocal Agreement for Jail Services Page 13 of 17 2010 - 2014 Packet Page 93 of 133 EXHIBIT B COMMUNITY CORRECTIONS OPTIONS Section 1 Definitions A. “Community Corrections Programs” means alternative sentencing programs offered by the COUNTY to the CITY pursuant to this Agreement, including Electronic Home Detention with Electronic Home Monitoring, Work Education Release, and Work Crews. The Community Corrections Programs are more fully defined and described in Section 2 of this Exhibit. “Community Corrections Program” or “Program” means any one of the Community Corrections Programs. B. “Electronic Home Detention” or “EHD” means that Community Corrections program described in Section 3 of Exhibit B of this Agreement. C. “Jail Services Agreement” means that interlocal agreement dated _________, ____, between the CITY and the COUNTY for the provision of services at the COUNTY Jail. D. “Work Crew In Custody” or “WC In Custody” means that Community Corrections Program described in Section 3(a) of Exhibit B of this Agreement. E. “Work Crew Out of Custody” or “WC Out of Custody” means that Community Corrections Program described in Section 3(b) of Exhibit B of this Agreement. F. “Work Crews” means both Work Crew In Custody and Work Crew Out of Custody. G. “Work Education Release” or “WER” means that Community Corrections Program described in Section 3 of Exhibit B to this Agreement. Section 2 Purpose A. The CITY from time to time desires to confine CITY Inmates in the COUNTY Jail. The purpose of this Agreement is to make a wider variety of sentencing options available to the CITY, which has contracted with the COUNTY for Jail services. B. In addition to Jail services provided to the CITY pursuant to separate contract and subject to availability, the COUNTY will make available to the CITY ____________________________________________________________________________________________________ Interlocal Agreement for Jail Services Page 14 of 17 2010 - 2014 Packet Page 94 of 133 a. Electronic Home Detention; b. Work Education Release; and c. Work Crew – In Custody. Section 3 Eligibility and Acceptance into Community Corrections Programs A. CITY inmates held in the custody of the COUNTY may serve their time in a Community Corrections Program if Program services are available and if all of the following requirements are met: a. The CITY Inmate has been prescreened by the COUNTY for the purpose of assisting the court in its decision related to sentencing the offender to a Community Corrections alternative or confinement in the County Jail. b. The COUNTY has found that the CITY Inmate meets all statutory and Program Eligibility Requirements; and c. The CITY Inmate has been ordered into the Program by the CITY’s Municipal Court. B. CITY Inmates not held in the custody of the COUNTY may also serve their time in a Community Corrections Program if all of the above requirements are met. C. Additionally, if a CITY Inmate who is sentenced to secure confinement meets the requirements set forth in Section 3(a) of Exhibit B, the CITY Inmate may be classified as a minimum security resident (MSR) and relocated as spelled out in Snohomish County Code 5.20.020. D. If a CITY Inmate is sentenced or otherwise ordered into a Community Corrections Program by a court or courts on charges from multiple jurisdictions, the CITY will be billed for its fractional share (based on the number of jurisdictions) of the Program charges, PROVIDED, HOWEVER, that the COUNTY may refuse Program admission for a CITY Inmate if any of those multiple jurisdictions (other than the COUNTY) have not entered into an agreement in substantially the same form as this Agreement. For purposes of this subsection, the COUNTY will be considered the financially responsible jurisdiction for all State agency-filed misdemeanor and gross misdemeanor charges. Section 4 Transfers of CITY Inmates into the Community Corrections Program A. A CITY Inmate meeting the eligibility requirements set forth in Section 3(A) of ____________________________________________________________________________________________________ Interlocal Agreement for Jail Services Page 15 of 17 2010 - 2014 Packet Page 95 of 133 a. A CITY Inmate already in COUNTY custody will be transferred to the Program by the COUNTY; and b. A CITY Inmate not in COUNTY custody on the effective date of his or her transfer to the Program shall be transferred to the Program (1) by the CITY if the inmate is then in CITY custody or (2) by the CITY Inmate’s presenting himself or herself to the COUNTY, in either case on the date and at the time and place agreed to by the CITY and the COUNTY. Section 5 Termination of CITY Inmate from Community Corrections Program A. Once a CITY inmate is taken into a Community Corrections Program, the inmate shall remain in the Program for the remainder of his or her term of confinement, unless: a. The CITY Municipal Court orders the CITY inmate terminated from the Program or otherwise amends its earlier order; b. The CITY inmate is no longer eligible for, and is terminated by the COUNTY from, the Program. The termination decision shall be made by the COUNTY, in its sole discretion, and is not subject to review. An inmate who was previously found to be eligible may be found ineligible to continue in a Program either (1) because of actions by the inmate while within the Program (including but not limited to violation of rules established by the COUNTY or a new criminal conviction) or (2) due to newly discovered information which, if known to the COUNTY during initial screening, would have rendered the inmate ineligible on either statutory or Program grounds. B. A CITY Inmate who is terminated by the COUNTY from a Program shall: a. If then in the physical presence or custody of the COUNTY by virtue of his or her participation in a Program, be taken into custody by the COUNTY and transported to the COUNTY Jail to serve the remainder or his or her term of confinement; or b. If not then in the physical presence or custody of the COUNTY by virtue of his or her participation in a Program, become the immediate responsibility of the CITY for all purposes including, but not limited to, duty to apprehend. C. If the participation of a CITY Inmate in a Community Corrections Program is terminated by the COUNTY pursuant to Section 5(A)(b) of Exhibit B, the COUNTY shall notify the CITY and the CITY Municipal Court in writing within twenty-four ____________________________________________________________________________________________________ Interlocal Agreement for Jail Services Page 16 of 17 2010 - 2014 Packet Page 96 of 133 ____________________________________________________________________________________________________ Interlocal Agreement for Jail Services Page 17 of 17 2010 - 2014 D. In the event that a CITY Inmate is terminated from a Community Corrections Program and is transferred to the COUNTY Jail pursuant to Section 5(b)(i) hereof, the CITY shall be billed for the day in which the transfer occurs pursuant to its Jail Services Agreement and not pursuant to this Agreement. E. In the event that the CITY inmate is terminated from a Community Corrections Program on a day in which he or she has not received services pursuant to this Agreement, the COUNTY shall not bill the CITY for that day. F. In addition to fees charged to the CITY pursuant to this Agreement, the COUNTY may also charge CITY Inmates directly for daily monitoring costs (as noted in the vendor contract) associated with their participation in a Program, i.e., for EHD and if applicable work release charges, at the same rate and under the same circumstances as COUNTY inmates are charged. Packet Page 97 of 133 AM-2558 3.B. Contract with S. Morris Company City Council Committee Meetings Date:11/10/2009 Submitted By:Gerry Gannon Time:10 Minutes Department:Police Department Type:Action Committee:Public Safety Information Subject Title Contract With S. Morris Company for Animal Disposal Services. Recommendation from Mayor and Staff Recommend approval of the contract for the consent agenda authorizing the Mayor to sign the contract with S. Morris Company. Previous Council Action None Narrative The S. Morris Company has been providing dead animal disposal for the police department for the past three years. The contract expires at the end of this year (2009). The department does not have the means to dispose of dead animals and have contracted with the S. Morris Company to provide this service. The animals are cremated at the company's facility with the remains being disposed per law. The cost to the department is $10.68 per animal. There is no increase in costs for 2010. For the years 2011 and 2012 any increases will be based on Seattle-Tacoma-Bremerton June CPI-U. In 2008 the department spent $1,368 on the services from the S. Morris Company and to date in 2009 the department has spent $1,040. Fiscal Impact Attachments Link: Agreement with S. Morris Form Routing/Status Route Seq Inbox Approved By Date Status 1 City Clerk Sandy Chase 11/02/2009 02:07 PM APRV 2 Mayor Gary Haakenson 11/02/2009 02:16 PM APRV 3 Final Approval Sandy Chase 11/02/2009 02:28 PM APRV Form Started By: Gerry Gannon Started On: 10/15/2009 12:05 PM Final Approval Date: 11/02/2009 Packet Page 98 of 133 AGREEMENT FOR ANIMAL DISPOSAL SERVICES This Agreement is made between the City of Edmonds, Washington, hereafter referred to as “City”, and The S. Morris Company, hereafter referred to as “Morris”. WHEREAS, the City has determined by ordinances to regulate animals within the city limits, and WHEREAS, the City periodically comes into possession of deceased, diseased, injured or otherwise un-adoptable animals that must be euthanized as part of its animal control operations, and WHEREAS, the City has no dead animal disposal services of its own, and WHEREAS, Morris is a corporation duly organized under the laws of the State of Washington, and WHEREAS, the City and Morris desire to enter into a contract defining the rights and responsibilities of Morris and the City with respect to dead animal disposal, NOW, THEREFORE, In consideration of mutual covenants herein contained, Morris and the City have mutually agreed and do hereby agree as follows: 1. Undertakings of Morris. 1.1 Morris will furnish dead animal disposal services to the City. This includes cremation of animals at the facility operated by Morris and legal disposal of any crematory remains. 1.2 Morris shall make a minimum of one scheduled pick-up per week of dead animals from the City’s designated location. 1.3 Upon request by the City, Morris will furnish a chest freezer for storage of dead animals. 2. Undertakings of the City. In consideration of the services performed, the City shall pay to Morris the sum of $10.68 per animal for disposal services, increased in 2011 and 2012 by an amount equivalent to the Seattle-Tacoma-Bremerton June CPI-U for the preceding year, PROVIDED, HOWEVER, that the renewal of the Agreement is subject to an appropriation by the Edmonds City Council for future annual terms. If the City Council fails to appropriate funds for animal disposal services, this Agreement shall expire at the end of the last term for which an appropriation has been made. {BFP746158.DOC;1\00006.900160\ }{BFP746158.DOC;1\00006.900160\ }{BFP746158.DOC;1\00006.900160\ }{BFP746158.DOC;1\00006.900160\ } 1 Packet Page 99 of 133 2.1 Invoices shall be submitted by the Morris to the City for payment pursuant to the terms of this Agreement. The City shall pay the appropriate amount for each invoice to the Morris. Morris may submit invoices to the City for services performed and accepted by the City. Billing shall be reviewed in conjunction with the City’s warrant process. No invoice / billing shall be considered for payment that is not sufficiently detailed to verify validity thereof, and that has not been submitted to the City three days prior to the scheduled cut-off date. Such late invoice will be checked by the City and payment will be made in the next regular payment cycle. 2.2 The service and invoice records and accounts pertaining to this Agreement are to be kept available for inspection by representatives of the City for a period of three (3) years after final payment. Copies shall be made available upon request. 3. Indemnity. Morris agrees to indemnify, reimburse, save and hold harmless the City for any claim, loss damage, expense or liability to the City which the City may incur by reason of any act of Morris in performing this contract. Morris further agrees to procure and maintain an insurance policy or policies protecting Morris and their officers and employees against any loss, liability or expense whatsoever from personal injury, death, property damage or otherwise arising or occurring in connection with the performance of this contract. Said policy or policies shall be written by a responsible insurance company or companies satisfactory to the City and shall include general liability for personal injury and/or property damage in an amount not less than $500,000 for each person or occurrence. The insurance policy or policies shall further provide that the same shall not be reduced or cancelled without at least twenty days prior notice to the City, shall name the City as additionally insured and shall be primary to any other such insurance maintained by the City. A copy of all such insurance policies shall be submitted to the city within five days of the execution of this Agreement, and current proof of insurance shall be submitted to the City as the policy periodically renews. To the extent necessary to enforce this indemnification agreement, Morris waives its immunity under Title 51 of the Revised Code of Washington. 4. Independent Contractor. Morris is and shall be considered an independent contractor. All persons performing services under this agreement shall be employees of Morris and are not employees of the City. Morris agrees to indemnify and hold harmless the City of Edmonds, its officers, agents, and employees from any cost, claim, or liability arising out of the employment of individuals by Morris. Morris shall have entire control and direction of its business operations and kenneling services, subject only to the conditions and obligations established by this agreement. The indemnities provided in paragraphs 3 and 4 of this agreement shall survive its termination. Notwithstanding Morris’ status as an independent contractor, results of the work performed pursuant to this contract must meet the approval of the City. During pendency of this Agreement, Morris shall not perform work for any party with enforcement action subject to the administrative or quasi-judicial review by the City without written notification to the City and the City’s prior written consent. {BFP746158.DOC;1\00006.900160\ }{BFP746158.DOC;1\00006.900160\ }{BFP746158.DOC;1\00006.900160\ }{BFP746158.DOC;1\00006.900160\ } 2 Packet Page 100 of 133 5. Discrimination prohibited. Morris shall not discriminate against any employee or applicant for employment because of race, color, religion, age, sex, national origin or physical handicap. 6. Changes/Additional work. The City may engage Morris to perform services in addition to those listed in this Agreement, and Morris will be entitled to additional compensation for authorized additional services or materials. The City shall not be liable for additional compensation until and unless any and all additional work and compensation is approved in advance in writing and signed by both Parties to this Agreement. If conditions are encountered which are not anticipated in the Scope of Works, the City understands that a revision to the Scope of Work and fees may be required. Provided, however, that nothing in this paragraph shall be interpreted to obligate Morris to render or the City to pay for services rendered in excess of the payments discussed in Section 2.A, unless or until an amendment to this Agreement is approved in writing by both Parties. 7. Standard of care. Morris represents that Morris has the necessary knowledge, skill and experience to perform services required by this Agreement. Morris and any persons employed by Morris shall use their best efforts to perform the work in a professional manner consistent with sound practices, in accordance with the usual and customary professional care required for services agreed to herein. 8. Supervision of employees. Morris is responsible for the direct supervision of its employees, and a supervisor shall be available at reasonable times to confer with the City in regards to services. Morris commits that its services will be performed by careful and efficient employees trained in the best practice and highest standards imposed by Morris. Morris agrees to remove any of its employees who in the reasonable opinion of the City, are guilty of improper conduct or incapable of performing the work assigned to them. 9. Non-waiver. Waiver by the City of any provision of this Agreement or any time limitation provided for in this Agreement shall not constitute a waiver of any other provision. 10. Non-assignable. The services to be provided by Morris shall not be assigned or subcontracted without the express written consent of the City. 11. Covenant against contingent fees. Morris warrants that it has not employed or retained any company or person, other than a bona fide employee working solely for Morris, to solicit or secure this contract, and that it has not paid or agreed to pay any company or person, other than a bona fide employee working solely for Morris, any fee, commission, percentage, brokerage fee, gifts or any other consideration contingent upon or resulting from the award of making this contract. For breach or violation of this warranty, the City shall have the right to annul this contract without liability or, in its discretion to deduct from the contract price or consideration, or otherwise recover, the full amount of such fee, commission, percentage, brokerage fee, gift, or contingent fee. {BFP746158.DOC;1\00006.900160\ }{BFP746158.DOC;1\00006.900160\ }{BFP746158.DOC;1\00006.900160\ }{BFP746158.DOC;1\00006.900160\ } 3 Packet Page 101 of 133 12. Compliance with laws. Morris in the performance of this Agreement shall comply with all applicable Federal, State or local laws and ordinances, including but not limited to provisions of Title 51 RCW, Title 16 RCW and other laws, tax regulations, regulations for licensing, certification and operation of facilities, programs and accreditation, and licensing of individuals, and any other standards or criteria as described in the Agreement and or necessary to assure quality of services delivered. 13. B&O Taxes. Morris specifically agrees to pay any applicable business and occupation (B & O) taxes which may be due on account of this Agreement. 14. Expiration, Notice. In the event that the period covered by this contract shall expire without the benefit of a new agreement, the rate scheduled then in effect as of the date of contract expiry shall continue until such time as Morris and the City agree to an amended rate schedule, provided that either party may, upon one hundred eighty days advance written notice, issue notice of termination, which shall not require cause, and after expiry of notice, the contract shall be of no further force or effect. Either party may terminate this agreement immediately for cause upon the deposit of written notification in the U.S. Mail, postage prepaid, addressed to the regular mailing address of each party. The regular mailing address of the Parties shall be: City of Edmonds c/o Sandy S. Chase, City Clerk 121 Fifth Avenue North Edmonds, WA 98020 425.775.2525 The S. Morris Company c/o Steve Morris P.O. Box 99768 Seattle, WA 98139 206.784.4055 15. Severability. This Agreement shall be read and interpreted as a whole, except that the capitalized and underlined headings for each numbered paragraph are for descriptive purposes and shall not prevail over the provision which they head. In the event that any provision herein shall be struck down, particularly those contained in provision number 4 (Independent Contractor), this Agreement shall be at an immediate end. 16. Integration. The Agreement between the Parties shall consist of this document and the Exhibits attached hereto. These writings constitute the entire Agreement of the parties and shall not be amended except by a writing executed by both parties as provided in provision 6 (Changes/Additional Work). In the event of any conflict between this written Agreement and any provisions of Exhibits attached hereto, this Agreement shall control. {BFP746158.DOC;1\00006.900160\ }{BFP746158.DOC;1\00006.900160\ }{BFP746158.DOC;1\00006.900160\ }{BFP746158.DOC;1\00006.900160\ } 4 Packet Page 102 of 133 {BFP746158.DOC;1\00006.900160\ }{BFP746158.DOC;1\00006.900160\ }{BFP746158.DOC;1\00006.900160\ }{BFP746158.DOC;1\00006.900160\ } 5 17. Venue and jurisdiction. Any action to interpret or enforce this Agreement shall be brought before the Superior Court of Snohomish County, Washington, and the Parties agree that, as between them, all matters shall be resolved in that venue. 18. Force Majeure. Parties shall not be liable for failure to perform or delay in performance due to fire, flood, strike or other labor difficulty, act of God, act of any governmental authority, riot, embargo, fuel or energy shortage, car shortage, wrecks or delays in transportation, or due to any other cause beyond parties reasonable control. In the event of delay in performance due to any such cause, the date of delivery or time for completion will be extended by a period of time reasonably necessary to overcome the effect of such delay. 19. Entire Agreement; Amendment; Attorneys’ Fees. This Agreement contains all the understandings between the Parties and is intended to operate as such. In the event of a dispute over any part or portion of this Agreement, the party prevailing upon its claim or claims shall also be awarded reasonable costs and reasonable attorney’s fees. 20. Term. This Agreement shall have a three year term commencing on January 1, 2010. EXECUTED this ______ day of _________________, 20 ____. CITY OF EDMONDS THE S. MORRIS COMPANY By: __________________________ By: Mayor Gary Haakenson It’s: ATTESTED/AUTHENTICATED By: ___________________________ Sandy S. Chase, City Clerk APPROVED AS TO FORM By: ___________________________ W. Scott Snyder, City Attorney Packet Page 103 of 133 AM-2581 3.C. Tow Contracts City Council Committee Meetings Date:11/10/2009 Submitted By:Gerry Gannon Time:5 Minutes Department:Police Department Type:Action Committee:Public Safety Information Subject Title Renewing the Towing Contract with Paulson's Towing, R&R Towing, Shannon Towing, and Wally's Towing. Recommendation from Mayor and Staff Approve for consent agenda for Council approval for the Mayor to sign the attached addendum with the four towing companies. Previous Council Action None Narrative The City uses the services of four different towing companies on rotational basis. The attached contract addendum reflects the new rates the companies may charge their customers for towing services. In addition, the contract addendum adds an ending term of for the towing contract. The term now ends on October 11, 2011. The City Attorney has reviewed the addendum and has approved the addendum to form. Fiscal Impact Attachments Link: Paulson's Towing Link: R&R Towing Link: Shannon Towing Link: Wally's Towing Form Routing/Status Route Seq Inbox Approved By Date Status 1 City Clerk Sandy Chase 11/02/2009 02:07 PM APRV 2 Mayor Gary Haakenson 11/02/2009 02:16 PM APRV 3 Final Approval Sandy Chase 11/02/2009 02:28 PM APRV Form Started By: Gerry Gannon Started On: 10/29/2009 02:04 PM Final Approval Date: 11/02/2009 Packet Page 104 of 133 Packet Page 105 of 133 Packet Page 106 of 133 Packet Page 107 of 133 Packet Page 108 of 133 Packet Page 109 of 133 Packet Page 110 of 133 Packet Page 111 of 133 Packet Page 112 of 133 Packet Page 113 of 133 Packet Page 114 of 133 Packet Page 115 of 133 Packet Page 116 of 133 Packet Page 117 of 133 Packet Page 118 of 133 Packet Page 119 of 133 Packet Page 120 of 133 Packet Page 121 of 133 AM-2583 3.D. Repeal of Ordinance 3706 and Code Chapter 5.65, EMS Transport Charges City Council Committee Meetings Date:11/10/2009 Submitted By:Tom Tomberg Time:10 Minutes Department:Fire Type:Action Committee:Public Safety Information Subject Title Repeal of Ordinance 3706 and Code Chapter 5.65, EMS Transport Charges. Recommendation from Mayor and Staff Forward to Council Consent Agenda with a recommendation to approve. Previous Council Action On November 2, 2009, Council approved the contract for service interlocal agreement for the provision of Fire/EMS services between the City and Snohomish County Fire District No. 1 effective January 1, 2010. On November 18, 2008, Council approved Ordinance 3706 Emergency Medical Service Transport Charges which was codified as Chapter 5.65 in the City Code. Narrative Section 4.8 EMS Transport Fees of the agreement approved by Council on November 3 transfers the provision of EMS services from the City to the Fire District. As the EMS provider effective January 1, 2010, the District provides all EMS services, collects EMS transport fees, and remits all monies back to the City on a quarterly basis less the actual cost of collection. The attached ordinance prepared by the City Attorney repeals Ordinance 3706 and repeals Chapter 5.65. Fiscal Impact Fiscal Year: 2010 Revenue: Expenditure: Fiscal Impact: None. Attachments Link: Amending City Code Form Routing/Status Route Seq Inbox Approved By Date Status 1 City Clerk Sandy Chase 11/03/2009 09:30 AM APRV 2 Mayor Gary Haakenson 11/03/2009 10:55 AM APRV Packet Page 122 of 133 3 Final Approval Sandy Chase 11/04/2009 10:46 AM APRV Form Started By: Tom Tomberg Started On: 11/03/2009 07:49 AM Final Approval Date: 11/04/2009 Packet Page 123 of 133 0006.90000 WSS/gjz 10/12/09 ORDINANCE NO. _______ AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON, REPEALING ORDINANCE NO. 3706 CODIFIED AS CHAPTER 5.65 OF THE EDMONDS CITY CODE, AND ENTITLED EMERGENCY MEDICAL SERVICE TRANSPORT FEE CHARGES, PROVIDING FOR COLLECTION OF FEES INCURRED, AND FIXING A TIME WHEN THE SAME SHALL BECOME EFFECTIVE. WHEREAS, by Ordinance No. 3706, the Edmonds City Council imposed EMS Transport Fees, and WHEREAS, in conjunction with the transfer of Emergency Medical Service to Fire District No. 1 by a contract approved of even date, the provisions regarding Emergency Medical Service Transport Charges have become redundant and should be repealed, and WHEREAS, by said repeal, the Edmonds City Council does not limit or prohibit Fire District No. 1 from charging emergency medical service transport fees, nor allow any contractual obligation relating thereto, NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF EDMONDS, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. Ordinance No. 3706 codified as Chapter 5.65 of the Edmonds City Code is hereby repealed. This repeal shall be effective as to all transport fees for services rendered from and after its effective date, but does not impair the obligation of any party previously billed for service in accordance with Chapter 5.65 in effect as of the date the transport service charge was incurred or billed. The provisions of said Chapter shall continue to govern {WSS745367.DOC;1\00006.900000\ } - 1 - Packet Page 124 of 133 Section 2. Effective Date. This ordinance, being an exercise of a power specifi- cally delegated to the City legislative body, is not subject to referendum, and shall take effect five (5) days after passage and publication of an approved summary thereof consisting of the title. APPROVED: MAYOR GARY HAAKENSON ATTEST/AUTHENTICATED: CITY CLERK, SANDRA S. CHASE APPROVED AS TO FORM: OFFICE OF THE CITY ATTORNEY: BY W. SCOTT SNYDER FILED WITH THE CITY CLERK: PASSED BY THE CITY COUNCIL: PUBLISHED: EFFECTIVE DATE: ORDINANCE NO. {WSS745367.DOC;1\00006.900000\ } - 2 - Packet Page 125 of 133 {WSS745367.DOC;1\00006.900000\ }- 3 - SUMMARY OF ORDINANCE NO. __________ of the City of Edmonds, Washington On the ____ day of ___________, 2009, the City Council of the City of Edmonds, passed Ordinance No. _____________. A summary of the content of said ordinance, consisting of the title, provides as follows: AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON, REPEALING ORDINANCE NO. 3706 CODIFIED AS CHAPTER 5.65 OF THE EDMONDS CITY CODE, AND ENTITLED EMERGENCY MEDICAL SERVICE TRANSPORT FEE CHARGES, PROVIDING FOR COLLECTION OF FEES INCURRED, AND FIXING A TIME WHEN THE SAME SHALL BECOME EFFECTIVE. The full text of this Ordinance will be mailed upon request. DATED this _____ day of ________________, 2009. CITY CLERK, SANDRA S. CHASE Packet Page 126 of 133 AM-2585 3.E. Ordinance Modifying Certain Fire Provisions in the City Code City Council Committee Meetings Date:11/10/2009 Submitted By:Tom Tomberg Time:10 Minutes Department:Fire Type:Action Committee:Public Safety Information Subject Title Ordinance modifying certain Fire provisions in the City Code. Recommendation from Mayor and Staff Forward to the Council Consent Agenda with a recommendation to approve. Previous Council Action On November 2, 2009, Council approved the Fire/EMS contract for service interlocal agreement between the City and Snohomish County Fire District #1. Narrative The November 2 Council approval of the Fire/EMS contract for service between the City and Fire District #1 requires the following City Code modifications: 1. Repeal Chapter 2.10.040 Fire Chief; 2. Add New Chapter 2.12 Relating to the duties of the Fire Chief, Fire Marshal and other references to the Fire Department throughout the Code; 3. Repeal Chapters 3.09 Cumulative Reserve Fund for Apparatus, and 3.15 Fire Donation Fund and providing dispositions for the funds held. The City Attorney prepared the attached ordinance. Fiscal Impact Fiscal Year: 2010 Revenue: Expenditure: Fiscal Impact: None. Attachments Link: Ordinance Amending City Code Form Routing/Status Route Seq Inbox Approved By Date Status 1 City Clerk Sandy Chase 11/03/2009 10:05 AM APRV 2 Mayor Gary Haakenson 11/03/2009 10:55 AM APRV 3 Final Approval Sandy Chase 11/04/2009 10:46 AM APRV Form Started By: Tom Tomberg Started On: 11/03/2009 09:17 AM Packet Page 127 of 133 Final Approval Date: 11/04/2009 Packet Page 128 of 133 0006.90000 WSS/gjz 10/20/09 R:10/30/09gjz R:11/2/09gjz ORDINANCE NO. _______ AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON, REPEALING THE PROVISIONS OF EDMONDS CITY CODE 2.10.040 FIRE CHIEF, ADDING A NEW CHAPTER 2.12 RELATING TO THE DUTIES OF THE FIRE CHIEF, FIRE MARSHAL AND OTHER REFERENCES TO THE FIRE DEPARTMENT THROUGHOUT THE CITY CODE, REPEALING CHAPTER 3.09 AND 3.15 AND PROVIDING FOR DISPOSITION OF THE FUNDS HELD, AND FIXING A TIME WHEN THE SAME SHALL BECOME EFFECTIVE. WHEREAS, by contemporaneous action, the Edmonds City Council has approved an interlocal agreement providing for the provision of fire services to the City by Snohomish County Fire District No. 1, and WHEREAS, such interlocal agreement provides that the City Council may, at its discretion, terminate the agreement, and WHEREAS, the City Council deems it to be in the public interest to acknowledge that fire services including the services of a fire marshal shall be provided for by contract but wish to retain certain provisions of the current City Code including but not limited to provisions of the fire code, civil service and other relevant code provisions in place in the event that the City determines it necessary to terminate the agreement and to clarify that during the term of the interlocal agreement, fire service and fire marshal services shall be provided by Snohomish County Fire District No. 1 by contract to the same extent as if such services were provided directly to the citizens by City employees, NOW, THEREFORE, {WSS746261.DOC;1\00006.900000\ } - 1 - Packet Page 129 of 133 THE CITY COUNCIL OF THE CITY OF EDMONDS, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. Edmonds City Code 2.10.040 is hereby repealed. Section 2. Title 2 of the Edmonds City Code is hereby amended by the addition of a new chapter 2.12 Fire Department to read as follows: 2.12 Fire Department 2.12.010 Fire Service 2.12.020 Pre-existing rights and obligations not impaired. 2.12.010 Fire service Fire service is provided to the citizens of the City of Edmonds by and through a contract with Snohomish County Fire District No. 1. Whenever any reference is made in the provisions of the Edmonds City Code or Edmonds Community Development Code to fire chief, fire marshal, fire department or any other reference to a firefighter or fire services, such term shall include, for the provision of administrative or other day to day fire services, to reference the fire chief, fire marshal and fire fighting services performed for the City by contract by Snohomish County Fire District No. 1. 1. The officials of the Snohomish County Fire District No. 1 when performing services by contract to the citizens of the City of Edmonds and to the City in its corporate capacity shall exercise any and all rights, duties, obligations and responsibilities in accordance with the provisions of this code to the same extent and in the same manner as if performed by an employee of the City. 2. Employees of the Snohomish County Fire District No. 1 (“District”) shall not be entitled to any wage or benefit provision of this code, including but not limited to Chapters 2.06 and 2.35. The Edmonds Civil Service System shall remain in effect but no employee of the District shall have recourse to the Civil Service Commission following the termination date of Fire Department employees by the City. {WSS746261.DOC;1\00006.900000\ } - 2 - Packet Page 130 of 133 2.12.020 Pre-existing rights and obligations not impaired. The City Council’s determination to contract or not contract for fire services with Snohomish County Fire District No. 1 and the provisions of this chapter shall not impair any existing vested right or vested obligation created under the provisions of state law or under Chapter 2.50 Fireman’s Relief and Pension System, Chapter 2.60 Reserve Firefighters’ Relief and Pension Act, Chapter 2.70 Retirement System, and Chapter 10.30 Disability Board, as well as the MEBT plan of the City. The rights of any person under such system vested prior to the transfer of fire service responsibility by contract shall remain in full force and effect and is not impaired by either such or the adoption of this chapter. Section 3. The Edmonds City Code is hereby amended by the repeal of Chapters 3.09 Accumulative Reserve Fund for Fire Apparatus, and 3.15 Fire Donation Fund. The funds currently held in Chapter 3.09 are hereby released and may be utilized solely for costs associated with the provision of fire service under a contract between the City of Edmonds and Snohomish County Fire District No. 1, and shall be first applied to any cost or charge relating to fire apparatus. The funds held in the Fire Donation Fund, created by Chapter 3.15 shall be transferred to Snohomish County Fire District No. 1 and released only upon the agreement and acknowledgement of the District that it shall use the funds solely for operating, maintaining and improving the provision of emergency services relating to suppression of fires and the provision of emergency medical aid and assistance. The District shall also acknowledge that its use of the funds shall also comply with the intent of any donor with respect to identified restricted funds, if any. The City shall notify the District of any restricted funds, the amount of such restricted funds and the purpose for which their uses are limited prior to transfer . Section 4. Effective Date. This ordinance, being an exercise of a power specifi- cally delegated to the City legislative body, is not subject to referendum, and shall take effect on {WSS746261.DOC;1\00006.900000\ } - 3 - Packet Page 131 of 133 APPROVED: MAYOR GARY HAAKENSON ATTEST/AUTHENTICATED: CITY CLERK, SANDRA S. CHASE APPROVED AS TO FORM: OFFICE OF THE CITY ATTORNEY: BY W. SCOTT SNYDER FILED WITH THE CITY CLERK: PASSED BY THE CITY COUNCIL: PUBLISHED: EFFECTIVE DATE: ORDINANCE NO. {WSS746261.DOC;1\00006.900000\ } - 4 - Packet Page 132 of 133 {WSS746261.DOC;1\00006.900000\ }- 5 - SUMMARY OF ORDINANCE NO. __________ of the City of Edmonds, Washington On the ____ day of ___________, 2009, the City Council of the City of Edmonds, passed Ordinance No. _____________. A summary of the content of said ordinance, consisting of the title, provides as follows: AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON, REPEALING THE PROVISIONS OF EDMONDS CITY CODE 2.10.040 FIRE CHIEF, ADDING A NEW CHAPTER 2.12 RELATING TO THE DUTIES OF THE FIRE CHIEF, FIRE MARSHAL AND OTHER REFERENCES TO THE FIRE DEPARTMENT THROUGHOUT THE CITY CODE, REPEALING CHAPTER 3.09 AND 3.15 AND PROVIDING FOR DISPOSITION OF THE FUNDS HELD, AND FIXING A TIME WHEN THE SAME SHALL BECOME EFFECTIVE. The full text of this Ordinance will be mailed upon request. DATED this _____ day of ________________ ,2009. CITY CLERK, SANDRA S. CHASE Packet Page 133 of 133