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2006.12.05 CC Committee Meetings Agenda PacketAGENDA Committee Meetings Council Chambers 250 5th Avenue North, Edmonds December 05, 2006 6:00 p.m. 6:00 p.m. - Committee Meetings 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 the following rooms: Community/Development Services (Council Chambers), Finance (Jury Room), Public Safety (Police Training Room) 1.Community/Development Services Committee A.(30 Min)Continued discussion on temporary sign regulations. 2.Finance Committee A. (10 Min)Utility Tax Ordinance. B.(5 Min) Mike Doubleday Intergovernmental Services Contract. 3.Public Safety Committee A. (30 Min)Approval of Interlocal Agreement with Mountlake Terrace for court security for 2007. B.(15 Min)Enforcement options related to barking dogs. C. (15 Min)Enforcement options related to stray cats. D. (5 Min) Professional Services Contract with Jeannie Dines. E.(5 Min) Police Towing Contracts First Amendment F. (5 Min) Contract for Deceased Animal Disposal Services with The S. Morris Company. G.(45 Min)Contract for Animal Kenneling Services with Adix's Bed & Bath for Dogs and Cats. AgendaQuick©2005 - 2006 Destiny Software Inc., All Rights Reserved Packet Page 1 of 61 AM-731 2.A. Utility Tax Ordinance Committee Meetings Date:12/05/2006 Submitted By:Kathleen Junglov, Administrative Services Time:10 Minutes Department:Administrative Services Type:Action Committee:Finance Agenda Memo Subject Utility Tax Ordinance. Previous Council Action Passage of 2007-2008 Budget. Narrative The 2007-2008 budget presented to Council on October 17, 2006 included a utility tax increase from the average of 5.75% to the 6% statuatory maximum. Additional information as to the estimated impact was provided to Councilmembers in an email dated October 19th. The attached ordinance officially enacts the tax increase. Recommendation Forward ordinance to full council for approval. Revenue & Expenditures Fiscal Impact Attachments Link: Utility Tax Ordinance Form Routing/Status Route Seq Inbox Approved By Date Status 1 Admin Services Dan Clements 11/30/2006 12:30 PM APRV 2 City Clerk Sandy Chase 11/30/2006 03:00 PM APRV 3 Mayor Gary Haakenson 11/30/2006 03:47 PM APRV 4 Final Approval Sandy Chase 11/30/2006 04:06 PM APRV Form Started By: Kathleen Junglov Started On: 11/30/2006 11:17 AM Final Approval Date: 11/30/2006 Packet Page 2 of 61 ORDINANCE NO. _______ AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON, AMENDING THE PROVISIONS OF ECC 3.20.050 TO SET OCCUPATION TAX ON TELEPHONE, WATER, GAS, AND CABLE TELEVISION AT SIX PERCENT, AND TO ADD A NEW SECTION IMPOSING OCCUPATION TAX OF SIX PERCENT ON THE GROSS INCOME OF THE CITY’S STORM WATER UTILITY, AMENDING THE PROVISIONS OF ECC 7.30.030 TO REMOVE REFERENCE TO WATER CONSUMPTION SURCHARGE, PROVIDING FOR SEVERABILITY, AND FIXING A TIME WHEN THE SAME SHALL BECOME EFFECTIVE. WHEREAS, the City’s occupation tax for cable television service, telephone service, water service and gas service is less than six percent; and WHEREAS, the City Council has passed the City’s budget for fiscal years 2007 and 2008; and WHEREAS, said budget includes a new occupation tax on storm water and uniformly establishes occupation tax on utilities at six percent; WHEREAS, reference to water consumption surcharge in ECC 7.30.030 is no longer necessary in light of provisions in ECC 3.20.050 relating to water utility tax; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF EDMONDS, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. Subsections B, C, D, E and H of Edmonds City Code Section 3.20.050, Occupation Subject to Tax - Amounts. are hereby amended to read as follows: L:\Productiondb\CCOUNCIL\0003_731_Utility Tax Increase Ord.DOC - 1 - Packet Page 3 of 61 3.20.050 Occupation Subject to Tax - Amounts. Sellers of electricity, gas, water, sewer, cable television and telephone services shall be subject to the taxes imposed by this chapter. There are levied upon, and shall be collected from, every person, firm, corporation or other entity on account of the business activities, license and occupation taxes in the amounts to be determined by the application of the rates against gross income as follows: … B. Natural or Manufactured Gas and Service. Upon every person, firm, corporation or other entity engaged in or carrying on the business of transmitting, distributing, selling and furnishing natural and/or manufactured gas, a tax equal to six percent of the total gross income from the sale of gas within the corporate limits of the city during and for the term for which the occupation license is required. C. Brokered Natural Gas – Use Tax in Lieu of Occupations Tax. There is imposed under the authority of RCW 35.21.870 a use tax on the consumers of brokered natural gas. Such tax shall be in lieu of the tax imposed by subsection B of this section when consumers receive natural gas directly from a producer of manufactured natural gas outside of the state of Washington. Such tax shall be the same as that imposed on a natural manufactured gas utility by subsection B of this section, equal to six percent of the customer’s monthly purchases or other use charge by the broker of out-of-state natural gas. D. Telephone Business. A tax equal to six percent of the gross subscribers’ exchange monthly service charges billed to business and residence customers located within the corporate limits of the city, together with six percent of gross income derived from intrastate toll service provided to business and residential customers located within the corporate limits of the city. E. Cable Television. - 2 - Packet Page 4 of 61 Pursuant to Chapter 4.68 ECC, Community Antenna Television Systems, commonly known as cable television franchisees, pay a franchise tax of three percent. In addition thereto, a tax is hereby levied equal to three percent of the gross receipts collected by the franchisee from the sale of its services in the city of Edmonds. This additional three percent is intended, when combined with the franchise tax of three percent, to provide a total of franchise fees and utility tax equalization amounts equal to six percent of the gross revenues of the franchisee derived from the sale of its cable television services within the city of Edmonds. Services shall include the sale of all broadcast services to subscribers, but shall not include revenues derived from the sale of advertising or other minor miscellaneous, incidental revenue unrelated to the sale of subscriber services or equipment rental. … H. City Water Utility. The City of Edmonds, as the seller of water services, shall be subject to the tax imposed by this chapter. The water utility shall pay a license tax or fee equal to six percent on the gross income from the City’s water utility. I. City Storm Water Utility. The City of Edmonds, as the seller of storm water services, shall be subject to the tax imposed by this chapter. The storm water utility shall pay a license tax or fee equal to six percent on the gross income from the City’s storm water utility. Section 2. Subsection E of the Edmonds City Code 7.30.030, Water rates - Meter installation charges. is hereby repealed. Section 3. Severability. If any section, sentence, clause or phrase of this ordinance should be held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of any other section, sentence, clause or phrase of this ordinance. Section 4. Effective Date. This ordinance is subject to referendum as set forth in RCW 35.21.706. Any duly qualified person may file a referendum petition with the city clerk - 3 - Packet Page 5 of 61 within seven (7) days after the passage of this ordinance. In the event that such a petition is filed, the city clerk shall, within ten (10) days, confer with the petitioner regarding the form and style of the petition, secure an accurate, concise, and positive ballot title from the city attorney, and assign an identification number to the petition. Thereafter, the petitioner shall have thirty (30) days within which to gather signatures from not less than fifteen percent (15%) of the city's registered voters as of the last municipal general election. In the event that no referendum petition is filed, this ordinance shall take effect on the latter date of 01/01/2006 or eight (8) days after its 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. - 4 - Packet Page 6 of 61 SUMMARY OF ORDINANCE NO. __________ of the City of Edmonds, Washington On the ____ day of ___________, 2006, 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 THE PROVISIONS OF ECC 3.20.050 TO SET OCCUPATION TAX ON TELEPHONE, WATER, GAS, AND CABLE TELEVISION AT SIX PERCENT, AND TO ADD A NEW SECTION IMPOSING OCCUPATION TAX OF SIX PERCENT ON THE GROSS INCOME OF THE CITY’S STORM WATER UTILITY, AMENDING THE PROVISIONS OF ECC 7.30.030 TO REMOVE REFERENCE TO WATER CONSUMPTION SURCHARGE, PROVIDING FOR SEVERABILITY, 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 ________________,2006. CITY CLERK, SANDRA S. CHASE - 5 - Packet Page 7 of 61 AM-730 2.B. Mike Doubleday Intergovernmental Services Committee Meetings Date:12/05/2006 Submitted By:Dan Clements, Administrative Services Time:5 Minutes Department:Administrative Services Type:Action Committee:Finance Agenda Memo Subject Mike Doubleday Intergovernmental Services Contract. Previous Council Action Council has approved a contract for intergovernmental services with Mike Doubleday for the past three years. This contract renews this agreement for 2007. Narrative Mr. Doubleday has provided the City with excellent intergovernmental relations representation in Olympia for the past few years. His major focus has been obtaining support for Edmonds Crossing funding, new sources of funding for local roads and transportation, funding for the Edmonds Center, and sales tax sourcing. The 2007 legislative session will see major activity in these three areas, plus a number of other legislative proposals which will potentially impact Edmonds. Due to moving up Committee meetings to December 5, Mike has not had an opportunity to fully review the contract (he is in Olympia until Saturday, December 2). If there are requested modifications they will be presented to the Committee. Recommendation Approve the 2007 contract with Mike Doubleday. Revenue & Expenditures Fiscal Impact Attachments Link: Mike Doubleday 2007 Contract Form Routing/Status Route Seq Inbox Approved By Date Status 1 City Clerk Sandy Chase 11/30/2006 11:05 AM APRV 2 Mayor Gary Haakenson 11/30/2006 11:35 AM APRV 3 Final Approval Sandy Chase 11/30/2006 03:01 PM APRV Form Started By: Dan Clements Started On: 11/30/2006 09:28 AM Final Approval Date: 11/30/2006 Packet Page 8 of 61 City of Edmonds 121 FIFTH AVENUE N. ● EDMONDS, WA 98020 ● 425-771-0239 ADMINISTRATIVE SERVICES DEPARTMENT Gary Haakenson Mayor Dan Clements Director C:\07 LEGISLATION\MIKE DOUBLEDAY 2007 CONTRACT.DOC PROFESSIONAL SERVICES AGREEMENT MIKE DOUBLEDAY GOVERNMENTAL RELATIONS January 1, 2007 – Dec 31, 2007 THIS AGREEMENT, made and entered into between the City of Edmonds, hereinafter referred to as the “City”, and Mike Doubleday, hereinafter referred to as the “Consultant”; WHEREAS, the City desires to engage the professional services and assistance of a consultant to provide advocacy for local transportation funding, Edmonds Crossing, implementation of the Washington State Department of Revenue’s Streamlined Sales Tax Project (SSTP), and other legislation than may impact the City of Edmonds. NOW, THEREFORE, in consideration of mutual benefits accruing, it is agreed by and between the parties hereto as follows: 1. Scope of Work. The scope of work shall include all services and material necessary to accomplish the above-mentioned objectives in accordance with the specifics noted below. A. General Description. Provide advocacy for local transportation funding, Edmonds Crossing, implementation of the Washington State Department of Revenue’s Streamlined Sales Tax Project (SSTP), and other legislation than may impact the City of Edmonds. B. Term. This contract shall cover intergovernmental services provided from January 1, 2007 through December 31, 2007. C. Deliverables. Work with the Snohomish County Council, local State legislative delegations, appropriate State departments, legislative leadership, the Governor, and other intergovernmental representatives to: 1.) Assist with the passage of legislation favorable to the City of Edmonds; and 2.) Assist with the defeat or veto of legislation that either fiscally harms the City, or imposes unfunded program mandates. 2. Payments. The Consultant shall be paid by the City for completed work for services rendered under this Agreement as provided hereinafter. Such payment shall be full compensation for work performed or services rendered and for all labor, materials, supplies, equipment and incidentals necessary to complete the work. A. Amount. Payment for work accomplished under the terms of this Agreement shall be $2,500 per month when the legislature is not in session, and $4,000 per Packet Page 9 of 61 Intergovernmental Contract, Page 2 month while the legislature is in session. All expenses are included in the fee: no expenses shall be reimbursed without prior written approval by the City. Should the legislature meet for part of a month, payment will be prorated based upon the percentage of days convened during the month. B. Process. All vouchers shall be submitted by the Consultant to the City for payment pursuant to the terms of this Agreement. The City shall pay the appropriate amount for each voucher to the Consultant. The Consultant may submit vouchers to the City on or before the fifth of each month for services performed during the previous month. Billings shall show the amount of time spent working each major issue so the City will be advised of the intergovernmental costs of supporting each issue. C. Record Retention. The costs 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. Ownership and use of documents. All research, tests, surveys, preliminary data and any and all other work product prepared or gathered by the Consultant in preparation for the services rendered by the Consultant under this Agreement shall be and are the property of Consultant and shall not be considered public records, provided, however, that: A. Final Document. All final reports, presentations and testimony prepared by the Consultant shall be come the property of the City upon their presentation to and acceptance by the City and shall at that date become public records. B. Copies. The City shall have the right, upon reasonable request, to inspect, review and, subject to the approval of the Consultant, copy any work product. C. Default. In the event that the Consultant shall default on this Agreement, or in the event that this contract shall be terminated prior to its completion as herein provided, the work product of the Consultant, along with a summary of work done to date of default or termination, shall become the property of the City and tender of the work product and summary shall be a prerequisite to final payment under this contract. The summary of work done shall be prepared at no additional cost. 4. Hold harmless agreement. In performing the work under this contract, Consultant agrees to protect, indemnify and save the City harmless from and against any and all injury or damage to the City or its property, and also from and against all claims, demands, and cause of action of every kind and character arising directly or indirectly, or in any way incident to, in connection with, or arising out of negligent work performed under the terms hereof, caused by the fault of the Consultant, its agent, employees, representatives or subcontractors. Packet Page 10 of 61 Intergovernmental Contract, Page 3 Consultant specifically promises to indemnify the City against claims or suits brought under Title 51 RCW by its employees or subcontractors and waives any immunity that the Consultant may have under that title with respect to, but only to, the City. Consultant further agrees to fully indemnify City from and against any and all costs of defending any such claim or demand to the end that the City is held harmless therefrom. This paragraph shall not apply to damages or claims resulting from the sole negligence of the City. 5. General and professional liability insurance. The Consultant shall secure and maintain in full force and effect during performance of all work pursuant to his contract a policy of business general liability insurance providing coverage of at least $1,000,000 per occurrence and shall name the City as a named insured, and shall include a provision prohibiting cancellation of said policy, except upon thirty (30) days written notice to the City. Certificates of coverage shall be delivered to the City within fifteen (15) days of execution of this Agreement. 6. Discrimination prohibited. Consultant shall not discriminate against any employee or applicant for employment because of race, color, religion, age, sex, national origin or physical handicap. 7. Consultant is an independent contractor. The parties intend that an independent contractor relationship will be created by this Agreement. No agent, employee or representative of the Consultant shall be deemed to be an agent, employee or representative of the City for any purpose. Consultant shall be solely responsible for all acts of its agents, employees, representatives and subcontractors during the performance of this contract. 8. City approval of work and relationships. Notwithstanding the Consultant’s 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, the Consultant shall not perform work for any party with respect to any property located within the City of Edmonds or for any project subject to the administrative or quasi-judicial review of the City without written notification to the City and the City’s prior written consent. 9. Termination. This being an Agreement for professional services, either party may terminate this Agreement for any reason upon giving the other party written notice of such termination no fewer than ten (10) days in advance of the effective date of said termination. 10. Changes/Additional Work. The City may engage Consultant to perform services in addition to those listed in this Agreement, and Consultant 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 Services, the City understands that a revision to the Scope of Services and fees may be required. Provided, however, that nothing in this paragraph shall be interpreted to obligate the Consultant to render or the City to pay for services rendered in excess of the payments discussed in Packet Page 11 of 61 Intergovernmental Contract, Page 4 Section 2.A, unless or until an amendment to this Agreement is approved in writing by both parties. 11. Standard of Care. Consultant represents that Consultant has the necessary knowledge, skill and experience to perform services required by this Agreement. Consultant and any persons employed by Consultant 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 of the type described in the Scope of Services. 12. 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. 13. Non-assignable. The services to be provided by the contractor shall not be assigned or subcontracted without the express written consent of the City. 14. Covenant against contingent fees. The Consultant warrants that he has not employed or retained any company or person, other than a bona fide employee working solely for the Consultant, to solicit or secure this contract, and that he has not paid or agreed to pay any company or person, other than a bona fide employee working solely for the Consultant, 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. 15. Compliance with laws. The Consultant in the performance of this Agreement shall comply with all applicable Federal, State or local laws and ordinances. Including 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 to assure quality of services. A. B&O Taxes. The Consultant specifically agrees to pay any applicable business and occupation (B & O) taxes which may be due on account of this Agreement. B. Public Disclosure Commission. The Consultant shall be responsible to register with the Public Disclosure Commission (PDC) and provide notice to the City regarding any obligation on his part to report his services to any State or Federal agency. Additionally, Contractor and the City shall sign and Contractor shall forward to the Public Disclosure Commission a registration of lobbyist form (if necessary) before doing any lobbying or within 30 days after being employed as a lobbyist, whichever occurs first (RCW 42.17.150). Contractor shall be otherwise responsible for compliance with all requirements of chapter 42.17 RCW (lobbying disclosure). Packet Page 12 of 61 Intergovernmental Contract, Page 5 C. Potential Conflicts. The contractor shall not advocate or promote any legislative objectives on behalf of existing or potential clients that are determined by the City to be in conflict with City of Edmonds’ legislative objectives. The City acknowledges that contractor currently represents the Cities of Bellevue and Burien before the state legislature, and is a member of a consulting team providing staff services to the Regional Transportation Investment District (RTID). 16. Notices. Notices shall be sent to the following address, with receipt of any notice being deemed effective three days after deposit of written notice. City of Edmonds Contractor Dan Clements Mike Doubleday City of Edmonds Doubleday Government Relations 121 Fifth Avenue North 1561 NW 190th Street Edmonds, WA 98020 Shoreline, WA 98177 425-771-0239 425-533-6305 clements@ci.edmonds.wa.us mikedoubleday@earthlink.net DATED THIS ________ DAY OF _____________________, 2007. CITY OF EDMONDS By: Mayor Gary Haakenson ATTEST/AUTHENTICATED: Sandra S. Chase, City Clerk APPROVED AS TO FORM: OFFICE OF THE CITY ATTORNEY: W. Scott Snyder CONSULTANT By: Its: Packet Page 13 of 61 AM-732 3.A. Court Security for 2007 Committee Meetings Date:12/05/2006 Submitted By:Sandy Chase, City Clerk's Office Submitted For:Judge Fair Time:30 Minutes Department:City Clerk's Office Type:Action Committee:Public Safety Agenda Memo Subject Approval of Interlocal Agreement with Mountlake Terrace for court security for 2007. Previous Council Action Narrative Attached are copies of the Interlocal Agreement along with a brief history and a copy of the Public Safety Committee Minutes from November 14. Recommendation It is recommended that the Public Safety Committee forward the Agreement to the City Council for approval on the Consent Agenda. Revenue & Expenditures Fiscal Impact Attachments Link: Interlocal Agreement Link: Public Safety Minutes Link: Judge Fair Memo Form Routing/Status Route Seq Inbox Approved By Date Status 1 City Clerk Sandy Chase 11/30/2006 03:33 PM APRV 2 Mayor Gary Haakenson 11/30/2006 03:47 PM APRV 3 Final Approval Sandy Chase 11/30/2006 04:06 PM APRV Form Started By: Sandy Chase Started On: 11/30/2006 03:18 PM Final Approval Date: 11/30/2006 Packet Page 14 of 61 {WSS627799.DOC;1/00006.900000/} Page 1 of 5 (D R A F T) INTERLOCAL COOPERATION AGREEMENT This Agreement is entered into this ____ day of _______________, 20___, by and between the City of Mountlake Terrace, Washington (hereinafter “Mountlake Terrace”) and the City of Edmonds, Washington (hereinafter “Edmonds”), collectively known as the “Parties”, in consideration of the mutual benefits to be derived, the promises set forth herein and the authorization of Chapter 39.34 RCW, also known as the Interlocal Cooperation Act. WHEREAS, Mountlake Terrace is able and desires to provide qualified personnel for court related security services to Edmonds subject to payment for services and the approval of Mountlake Terrace’s police chief; and WHEREAS, Edmonds operates a municipal court and desires to engage qualified security personnel and bailiffs for Edmonds Municipal Court; and WHEREAS, the Court Security Officers (hereinafter CSOs) provided by Mountlake Terrace will provide the assigned services as extra duty under this Agreement during their off- duty hours in a manner which will not conflict with their underlying responsibilities and duties to Mountlake Terrace; and WHEREAS, the parties have entered into this Agreement in reliance upon the provisions of the Fair Labor Standards Act which permits special detail work to be performed for a separate employer without aggregating the total hours worked together in both jobs for the purpose of computing overtime pursuant to 29 U.S.C. § 207(p)(1); WHEREAS, Edmonds maintains a Police Department and nothing herein shall be interpreted to contract out existing bargaining unit work; NOW, THEREFORE, The parties agree as follows: 1. Scope of Performance. Mountlake Terrace shall provide Edmonds with qualified CSOs for court related security services as described below: a. Edmonds requests that Mountlake Terrace and its police chief approve the provision of qualified CSOs to provide court security services as set forth in Chapter 13, Duty Hours, in the Edmonds Municipal Court, Court Security Officer Policies and Procedures Manual, September, 2005 or thereafter amended. b. The CSOs provided will receive training from Edmonds in the use of a metal detector and court procedures. Therefore, this Agreement specifically requires that the CSOs provided by Mountlake Terrace to Edmonds be limited to a number to be agreed upon between the parties. This provision is intended to ensure that only appropriately trained CSOs will provide the services contemplated by this Agreement. Packet Page 15 of 61 {WSS627799.DOC;1/00006.900000/} (Clean Copy) Page 2 of 5 c. Services will be provided at the Edmonds Municipal Court at 250 5th Avenue North, Edmonds, Washington 98020. d. Duties are outlined in Edmonds Municipal Court, Court Security Officer Policies and Procedures Manual, September, 2005 or thereafter amended. This document in its entirety is incorporated herein by reference. e. A minimum of three hours of service shall be paid for by Edmonds per employee per assignment day. f. In accordance with the provisions of 29 C.F.R. § 553.227(b) and the authorization of 29 U.S.C. § 207(p)(1) each and every officer selected and detailed to work under this Agreement shall perform services solely at the employees’ option. Mountlake Terrace certifies that it has obtained each assigned employee’s specific approval. Further, the parties agree and acknowledge that they are in fact separate and independent entities duly organized under the laws of the State of Washington. 2. Contract Term. The term of performance of the Agreement shall be from _____________, 20___ until _____________, 20___, unless sooner terminated under the provisions of this Agreement. a. Termination. This Agreement may be terminated by either party when, in the party’s sole discretion, it is in the best interest of the terminating party, by providing thirty (30) days prior written notice to the other party. 3. Compensation. Edmonds shall pay Mountlake Terrace as full compensation for all CSO services furnished under this Agreement a fee of $33.33 per hour of officer time as itemized below: a. Hourly Wage Rate (Three Hour Minimum) $ 30.00 b. Social Security Cost (FICA) $ 1.86 (6.2%) c. Retirement $______ d. Labor & Industries $ .10 (.33%) e. Medicare $ .44 (1.45%) f. Administrative Overhead (per hr/per officer) $ .93 (3.1%) TOTAL COST PER OFFICER PER HOUR $ 33.33 4. Payment. Edmonds shall compensate Mountlake Terrace for the CSO services described herein pursuant to the all-inclusive rate and estimated monthly/annual service schedule shown in Section 3. above. Mountlake Terrace shall invoice Edmonds on or after the first of the month for services and include detailed service information, including actual service hours and all-inclusive hourly rate per officer. Payment shall be made by a check payable to the City of Mountlake Terrace and sent to Mountlake Terrace within thirty (30) calendar days after receipt of the invoice. Payments to Mountlake Terrace that are later than thirty (30) days following the Packet Page 16 of 61 {WSS627799.DOC;1/00006.900000/} (Clean Copy) Page 3 of 5 invoice dates shall accrue interest at the rate of 12% per annum on the balance due. All payments shall first be applied to the accrued interest. Edmonds shall not be financially liable for scheduled CSO services which are not actually performed; PROVIDED, if a CSO has begun extra duty services under this Agreement and then is called by the Chief of Police or his/her designee for an emergency, as defined in Section 5, Edmonds’ payment shall be for the three (3) hour minimum specified in Section 1. 5. Duty Status. Edmonds acknowledges that CSOs assigned work pursuant to this Agreement are subject to call by Mountlake Terrace Chief of Police or his/her designee at any time for emergencies. Mountlake Terrace acknowledges and understands that CSOs utilized under this Agreement are performing critical court security functions and the call-out by the police chief or designee shall not occur except in the event of a public safety emergency, and not merely for the convenience of or to avoid overtime duty by Mountlake Terrace. 6. Adherence to City Policies and Procedures - Scope of Work: CSOs engaged in extra duty employment are obligated to discharge all duties of their office and to adhere to Mountlake Terrace’s Police Department policies and procedures at all times. The CSOs shall obey, uphold and enforce the laws of the City of Edmonds and the State of Washington and the Constitution of the State of Washington and the United States of America at all times. CSOs shall understand that while they are on duty or engaged in extra duty assignment under this Agreement, they may be subject to discipline by Mountlake Terrace. CSOs performing work pursuant to this Agreement shall only provide court security/peacekeeping services as specified in Section 1(d) of this Agreement. 7. No Special Duty to Edmonds or Others: CSOs on extra duty assignment have a primary obligation to Mountlake Terrace, not Edmonds. They are expected to discharge all duties of their office while performing pursuant to this Agreement and will not perform any non- security related/peacekeeping functions for Edmonds. Furthermore, this Agreement and performances thereof by Mountlake Terrace personnel shall not create any special relationship with any person or duties to protect any specific persons from harm or injury. The security/peacekeeping duties to be performed pursuant to this Agreement are the same in extent and scope as those provided by CSOs to every member of the public. 8. Nondiscrimination. Neither party shall discriminate on the basis of race, color, sex, sexual orientation, gender expression nor identity, religion, national origin, creed, age or the presence of any sensory, mental nor physical handicap. 9. Liability. Each party shall be responsible and liable for the consequences of any act or failure to act on the part of itself, its employees and its agents. Each party shall be responsible for its own negligence; neither party shall indemnify nor hold the other party harmless. 10. Notices. All notices and other material to be delivered under this Agreement shall be in writing and shall be delivered or mailed to the following addresses: Packet Page 17 of 61 {WSS627799.DOC;1/00006.900000/} (Clean Copy) Page 4 of 5 City of Mountlake Terrace City of Edmonds 5906 - 232nd Street S.W. 250 5th Avenue North Mountlake Terrace, WA 98043 Edmonds, WA 98020 Attn: Scott G. Smith, Chief of Police Attn: Doug Fair, Edmonds Municipal Court Or such other addressee as either party may, from time to time, designate in writing. 11. Entire Agreement. No modification or amendment of this Agreement shall be effective unless in writing and signed by an authorized representative of the parties. This Agreement contains the entire agreement between the parties and may not be enlarged, modified, or altered except in writing signed by the parties. 12. Attorney’s Fees. In the event either party brings a lawsuit to enforce the Agreement, or arising from breach of this Agreement, the prevailing party shall be entitled to its costs and attorneys fees for bringing or defending the action. The venue for any dispute related to this Agreement shall be Snohomish County, Washington. 13. No Third Party Beneficiary. It is the specific intent of the parties, and all parties agree, that this Agreement shall not confer third party beneficiary status on any non-party, including but not limited to the citizens or residents of either Snohomish County or of the City of Edmonds. 14. Provisions Required Pursuant to Chapter 39.34 RCW. a. No separate legal or administrative authority is created by this Agreement b. No joint or cooperative undertaking other than that specified herein is established and no joint or cooperative financing or budget is required. c. No separate legal entity is established pursuant to this Agreement. d. This Agreement shall be administered on behalf of Mountlake Terrace by its police chief or his/her designee and on behalf of Edmonds by the Judge of the Municipal Court or his/her designee. e. No real or personal property shall be acquired, held or disposed of pursuant to this Agreement. 15. Recording. This Agreement shall be filed with the Snohomish County Auditor at the expense of the City of Edmonds. DATED this _______ day of ________________, 20___. CITY OF MOUNTLAKE TERRACE Packet Page 18 of 61 {WSS627799.DOC;1/00006.900000/} (Clean Copy) Page 5 of 5 By: John Caulfield, City Manager ATTEST/AUTHENTICATED: By: Virginia V. Olsen, City Clerk APPROVED AS TO FORM: By Gregory G. Schrag, City Attorney CITY OF EDMONDS By: Gary Haakenson, Mayor ATTEST/AUTHENTICATED: By: Sandra S. Chase, City Clerk APPROVED AS TO FORM: By: W. Scott Snyder, City Attorney Packet Page 19 of 61 Minutes Public Safety Committee Meeting November 14, 2006 Committee Members Present: Council member Richard Marin, Chair Council member David Orvis Staff Present: Assistant Chief of Police Al Compaan Assistant Chief of Police Gerry Gannon Fire Chief Tom J. Tomberg Assistant Chief Mark Correira Battalion Chief Doug Dahl Municipal Court Judge Douglas Fair Human Resources Manager Debi Humann Guests: Mayor Gary Haakenson Council President Deanna Dawson Roger Hertrich Ray Martin Sue Waldburger One Citizen The meeting was called to order at 1730 hours. E. Contracting for Court Security Officer. Councilmember Marin chose to take this item first on this evening’s agenda. Judge Fair explained that outside contracting for court security is a FLSA issue. Puget Sound Executive Services (PSES) has been employed but they want to increase their hourly charge from $35.00 to $40.00. The city of Mountlake Terrace is willing to provide the service for $33.00 per hour. The Edmonds Police Officers Association can enter into negotiations with the city of Edmonds when their contract expires December 31, 2007, according to Judge Fair and that he would have no problem negotiating when the time comes. Ms. Humann said she understood that the EPOA felt it may be difficult for Edmonds officers to fill shifts. Councilmember Marin said he feels the best option is a one year interlocal agreement with Mountlake Terrace and then the EPOA could negotiate the matter. Councilmember Orvis said he feels court security is no different from regular police duties. Councilmember’s Marin and Orvis agreed that they would like a one year interlocal with Mountlake Terrace at $33.00 per hour to be placed on Consent Agenda for council approval. Action: On November 14, 2006 the Public Safety Committee met. Discussion was held on the issue of “Contracting for Court Security Officer.” Councilmember’s Marin and Orvis recommended a one year interlocal agreement be made between the City of Edmonds and the City of Mountlake Terrace at $33.00 per hour and this item be placed on the Consent Agenda for council approval. A. Enforcement options related to barking dogs. Councilmember Marin indicated he had several questions that ACOP Compaan had forwarded on to the city attorney and answers had not yet been received. Mr. Marin asked about whether the three citizens required to sign a petition could be any three citizens, not necessarily from the neighborhood. The other question had to do with better defining in ordinance the duration of the problem barking. Packet Page 20 of 61 Councilmember Orvis said he familiarized himself with Lynnwood and Mountlake Terrace ordinances. ACOP Compaan stated that Edmonds has many of the same provisions and that in addition to the neighborhood petition there are also provisions in our ordinance relating to decibels and time of day as well as a provision allowing a police officer to issue a citation if the offending animal owner was warned and then did not quiet the barking dog. Councilmember’s Marin and Orvis agreed that the matter would be brought back for review once more information was received from the city attorney regarding the questions raised. Action: Discussion was held on “Enforcement options related to barking dogs.” Councilmember’s Marin and Orvis agreed that this topic would be brought back to the Public Safety Committee for review once additional information was received from the city attorney relating to the questions raised. B. Enforcement options related to stray cats. Councilmember Marin said he had received correspondence from the city attorney regarding at- large animals and asked ACOP Compaan to provide a summary of the options as well as a recommendation. Both draft ordinances from the city attorney were the same, except that one version provided for an exception for cats from being a violation of the animal at-large ordinance. Both draft ordinances provided language to allow seizing and impounding of any at-large animal and a provision requiring notification of police or animal control authority within 24 hours of such seizure. ACOP Compaan said it was the Police Department’s recommendation that there should be an exception for cats as a violation of the at-large ordinance and that there was no issue with a shorter notification requirement of 12 hours as suggested by Councilmember Marin. Councilmember Orvis asked whether there should be some requirement that a property owner notify police prior to setting a trap. He also said he would like to see language stating the person doing the trapping is responsible for care of the animal until such time as the animal is turned over to authorities. Mr. Martin (citizen) said he feels a property owner has a right to not have another person’s animal on one’s property. But he feels the animal owner has a right to be notified by the complainant or by authorities that there is a complaint prior to an animal being seized. Councilmember’s Marin and Orvis agreed to have the stray cats issue brought back to Public Safety Committee for review once the city attorney has responded to the questions on the 12 hour notification requirement as well as the issue of animal care while in citizen impound. There was concurrence that cats should continue as an exception as a violation to the at-large provision. Action: Discussion was held on “Enforcement options related to stray cats.” Councilmember’s Marin and Orvis agreed that this issue was to be brought back to the Public Safety Committee for review after the city attorney has responded to the questions on the 12/hour notification requirement and the issue of animal care while in citizen impound. There was concurrence that cats should continue as an exception as a violation to the at-large provision. C. Implementation of City Strategic Plan II. Council Public Safety Policy Statement Objectives B., C., and D. Objective B. states Establish Fire Levels of Service and Staffing that Provide for Proactive Responses and Comply with State Statutes. Chief Tomberg described the plan for implementing Objective B. of the City Strategic Plan Public Policy Statement II. consistent with Public Safety Committee Agenda Memo 684. The Chief pointed out that Council adoption of the Substitute House Bill 1756 Compliance Plan prior to December Packet Page 21 of 61 31, 2006 – on the Committee agenda for discussion later in the meeting – accomplishes Objective B. tasks and deliverables by the due dates. Action: After the subsequent SHB 1756 discussion, the Committee directed that SHB 1756 be placed on the regular Council agenda for November 28 with a recommendation to approve. Objective C. states Fire Levels of Service and Staffing Become Part of the Strategic Plan. Chief Tomberg described the plan for implementing Objective C. of the City Strategic Plan Public Policy Statement II. consistent with Public Safety Committee Agenda Memo 684. The Chief pointed out that Council adoption of the Substitute House Bill 1756 Compliance Plan prior to December 31, 2006 – on the Committee agenda for discussion later in the meeting – accomplishes the Objective C. task and deliverable by the due date. Action: After the subsequent SHB 1756 discussion, the Committee directed that SHB 1756 be placed on the regular Council agenda for November 28 with a recommendation to approve. Objective D. states Develop Public Safety Work Plans. Chief Tomberg began by pointing out that the 2007-2008 Fire Department Work Plan was not tied to approval of SHB 1756 as were the two earlier objectives despite the fact that all three objectives appear under the City Strategic Plan II. Council Public Safety Policy Statement. Chief Tomberg described the plan for implementing Objective D. of the City Strategic Plan Public Policy Statement II. consistent with Public Safety Committee Agenda Memo 684 to include methodology; work group members, advisory group members, and references; and the 26-item 2007-2008 work plan that will be the subject of special emphasis in the upcoming biennium. In response to a request from committee member Orvis, item 24. Add one staff person to the Fire Prevention Division to perform fire inspector and public educator duties. Address vehicle and space needs. was not included in the 2007-2008 budget requests due to the no new-hire budget instructions, and that Council approval of the work plan does not fund the position. Action: The Committee directed the 2007-2008 Fire Department Work Plan be placed on the Council consent agenda. D. Compliance with Substitute House Bill 1756 Chief Tomberg presented the plan for compliance with Substitute House Bill 1756 as directed by the committee at the September 12 meeting consistent with Committee Agenda Memo 687. The Chief explained that SHB 1756 requires the Fire Department to extract emergency response time data and evaluate levels of service (LOS), service deployment methods, and performance measures that apply to response time objectives for certain major emergency services, and provide an annual report based on the evaluation to the City Council and the public. The adopted standards for six emergency services and 11 measurable elements which the department should meet 90 percent of the time are: 1. Turnout time for all emergency incidents (2:45). 2A. Response time for first-arriving engine company to fire suppression incidents (6:30). 2B. Response time for deployment of first alarm assignment to a residential fire Packet Page 22 of 61 suppression incident (7:45 with 15 personnel). 2C. Response time for deployment of first alarm assignment to a commercial fire suppression incident (9 minutes with 18 personnel). 3. Response time for first-arriving emergency medical services Basic Life Support (BLS) unit to an emergency medical incident (5:15). 4. Response time for first-arriving emergency medical services Advanced Life Support (ALS, Paramedic) unit to an emergency medical incident (6:45). 5A1. Response time of the first-arriving apparatus with appropriately trained and equipped Hazardous Materials Operations level personnel on board to a hazardous materials incident (6:30). 5A2. Response time of the first-arriving apparatus with appropriately trained and equipped Hazardous Materials Technician level personnel on board to a hazardous materials incident (12 minutes). 5B1. Response time of the first-arriving apparatus with appropriately trained and equipped Technical Rescue Operations level personnel on board to a technical rescue incident (6:30). 5B2. Response time of the first-arriving apparatus with appropriately trained and equipped Technical Rescue Technician level personnel on board to a technical rescue incident (12 minutes). 6. Response time of the first-arriving apparatus with appropriately trained and equipped Marine Rescue and Firefighting personnel on board to a marine emergency incident (6:30). Two documents make up AM-687: a memo that provides an overview of 1756, and the attachment that contains compliance plan elements. The six-page overview memo addressed the law’s background; why Edmonds is required to comply; the legislature’s intent in passing the bill; methodology used to achieve compliance; a description of the measurable response time objectives; risk management issues; the compliance time line; the work group, advisory group and references; and additional benefits. “Additional benefits” refers to the fact that Council adoption of the Substitute House Bill 1756 Compliance Plan prior to December 31, 2006 accomplishes Objectives B. and C. of the City Strategic Plan Public Policy Statement II. (see item C. minutes above and/or Public Safety Committee Agenda Memo 684). The 30-page compliance plan attachment describes the implementation matrix and compliance plan; lists the five required policy statements; identifies the six emergency services and 11 elements for which response standards are adopted; the format for comparing the adopted standards with 2006 response data; a discussion of the annual compliance report with examples of reporting “predictable results” and a “plan of action to correct deficiencies;” SHB 1756; excerpts from the 1756 implementation matrix; useful definitions and figures that explain “cascade of events,” “flashover,” “brain death,” and the Golden Hour;” the adopting Council resolution; and three of the five required policy statements consisting of an organizational chart, the number of EFD employees, and the functions EFD employees are expected to perform. Packet Page 23 of 61 Committee members, Council President Dawson, and Fire Staff discussed the compliance plan noting the fact that the adopted response time standards, based on actual 2005 response time data, indicate that, in some cases, EFD emergency personnel will not arrive on the emergency scene in time to prevent the onset of “brain death” or prevent room “flashover” as described in the legislation. Fire Staff called attention to the public duty doctrine discussion in the Risk Management section of the overview memo, the associated public duty doctrine language in the adopting resolution (in the attachment), and this statement from Chapter 35.103 RCW which codified SHB 1756: the code “does not, and is not intended to, in any way modify or limit the authority of cities and towns to set levels of service.” Committee chair Marin requested that the meeting minutes and the upcoming Council presentation on 1756 clearly reflect in plain language that in some cases the Department will not meet the “brain death” and room “flashover” response time criteria referenced in the law. Committee chair Marin asked that the minutes indicate that the committee was complimentary of the SHB 1756 report prepared by Fire Staff. Action: The Public Safety Committee directed the Substitute House Bill 1756 Compliance Plan be placed on the regular Council agenda for November 28 with a recommendation to approve. Meeting adjourned at 1847 hours. Packet Page 24 of 61 In 2005 the City Council approved the funding for a court security officer. Pursuant to a recommendation by the Public Safety Committee the Court contracted with Puget Sound Executive Services (PSES) to provide the security. Many factors drove the recommendation: first, PSES provided commissioned police officers at a substantial hourly rate discount ($35.37/hr. compared to minimum $63.06/hr. for EPOA); second, PSES could guarantee an hourly rate while the EPOA hourly rate would vary depending on the rank and experience of the officer; third, PSES hires fully commissioned off-duty police officers to provide security services so the level of safety was similar; and fourth, PSES had the manpower to fill the position. At the request of the police department, PSES agreed to hire local officers (Lynnwood, Mountlake Terrace, Mukilteo and Mill Creek) because their dispatch radio frequency is the same as Edmonds’ dispatch frequency. The EPOA bargaining unit did not object to using PSES to provide court security services. For the past year the court security position has been provided almost exclusively by Mountlake Terrace officers. The City of Mountlake Terrace has offered to provide the same services through a direct contract via an Interlocal Agreement. Also PSES has notified the City that they are increasing their hourly rate to $40 per hour starting January 1, 2007. The current rate is $35 per hour. The City of Mountlake Terrace will provide the service at $33 per hour. The Court solicited input from EPOA about the Interlocal Agreement. Despite having no objection to using PSES, the EPOA has now taken the position that the security officer position is subject to negotiations between the City and the EPOA pursuant to the Collective Bargaining Agreement (CBA). The EPOA has been open to some negotiation on this issue. However, the EPOA has indicated that they may file a grievance with the City should the Interlocal Agreement be approved. I have notified the EPOA president that the Interlocal Agreement is being considered on the consent agenda. The Court checked with the City Attorney, Scott Snyder, for advice on this issue. It was his opinion that the EPOA has waived their objection under the CBA to the Court hiring an outside agency to perform security functions. Thus the EPOA cannot now dictate who the Court hires. The Court is not interested in provoking a grievance with the EPOA. However, the Interlocal Agreement saves the City $7 an hour over a contract with PSES and $30 an hour over contracting with the EPOA without compromising safety. This will result in a savings of about 17% to 50% over the next year for the security officer position. Furthermore, the Edmonds Police Department is currently understaffed. The reality is that the EPOA would have difficulty filling the security position. Nothing in the Interlocal Agreement is permanent. It is on for approval through the 2007 calendar year. Approving the Interlocal Agreement is a good short-term solution to the security officer issue. Packet Page 25 of 61 AM-733 3.B. Enforcement Options Related to Barking Dogs Committee Meetings Date:12/05/2006 Submitted By:Sandy Chase, City Clerk's Office Submitted For:Police Chief Stern Time:15 Minutes Department:City Clerk's Office Type: Committee:Public Safety Agenda Memo Subject Enforcement options related to barking dogs. Previous Council Action Narrative Continued discussion of enforcement options related to barking dogs. Recommendation Revenue & Expenditures Fiscal Impact Attachments No file(s) attached. Form Routing/Status Route Seq Inbox Approved By Date Status 1 City Clerk Sandy Chase 11/30/2006 03:40 PM APRV 2 Mayor Gary Haakenson 11/30/2006 03:47 PM APRV 3 Final Approval Sandy Chase 11/30/2006 04:06 PM APRV Form Started By: Sandy Chase Started On: 11/30/2006 03:33 PM Final Approval Date: 11/30/2006 Packet Page 26 of 61 AM-734 3.C. Enforcement Options Related to Stray Cats Committee Meetings Date:12/05/2006 Submitted By:Sandy Chase, City Clerk's Office Submitted For:Police Chief Stern Time:15 Minutes Department:City Clerk's Office Type: Committee:Public Safety Agenda Memo Subject Enforcement options related to stray cats. Previous Council Action Narrative Continued discussion regarding enforcement options related to stray cats. Recommendation Revenue & Expenditures Fiscal Impact Attachments No file(s) attached. Form Routing/Status Route Seq Inbox Approved By Date Status 1 City Clerk Sandy Chase 11/30/2006 03:40 PM APRV 2 Mayor Gary Haakenson 11/30/2006 03:47 PM APRV 3 Final Approval Sandy Chase 11/30/2006 04:06 PM APRV Form Started By: Sandy Chase Started On: 11/30/2006 03:36 PM Final Approval Date: 11/30/2006 Packet Page 27 of 61 AM-700 3.D. Professional Services Contract with Jeannie Dines Committee Meetings Date:12/05/2006 Submitted By:Al Compaan, Police Department Time:5 Minutes Department:Police Department Type:Action Committee:Public Safety Agenda Memo Subject Professional Services Contract with Jeannie Dines. Previous Council Action Narrative Edmonds Police Department desires to continue its contract with Jeannie Dines for confidential transcription services, providing transcription of investigative interviews. Ms. Dines presently contracts with the Police Department to provide this service, and has done so since earlier this year. The Police Department does not have sufficient internal staff to do this work. Ms. Dines has agreed to continue to provide this service for calendar year 2007 under the same terms of the present agreement that expires December 31, 2006. Cost of services will be paid out of the 2007 Police Department budget. Recommendation The Police Department requests that Public Safety Committee approve this item for Consent Agenda, authorizing the Mayor to sign the contract. The City Attorney has approved the contract as to content and form. Revenue & Expenditures Fiscal Impact Fiscal Year: 2007 Revenue: Expenditure: Fiscal Impact: Expenditures included within 2007 General Fund Police Department budget. Attachments Link: Dines Contract 2007 Form Routing/Status Route Seq Inbox Approved By Date Status 1 City Clerk Sandy Chase 11/28/2006 02:35 PM APRV 2 Mayor Gary Haakenson 11/28/2006 02:37 PM APRV 3 Final Approval Sandy Chase 11/28/2006 03:14 PM APRV Form Started By: Al Compaan Started On: 11/14/2006 11:11 AM Final Approval Date: 11/28/2006 Packet Page 28 of 61 Packet Page 29 of 61 Packet Page 30 of 61 AM-701 3.E. Police Towing Contracts First Amendment Committee Meetings Date:12/05/2006 Submitted By:Al Compaan, Police Department Time:5 Minutes Department:Police Department Type:Action Committee:Public Safety Agenda Memo Subject Police Towing Contracts First Amendment Previous Council Action Existing contracts with the four vendors approved by city council on January 3, 2006. Contracts contain perpetual renewal provision. Narrative The city of Edmonds maintains contracts with four towing companies to provide towing services for the Police Department. Current vendors are Shannon Towing, Paulson's Towing, R & R Star Towing, and Wally's Towing. Terms of the contracts are established under an interlocal purchasing agreement with the city of Lynnwood, although Edmonds maintains individual contracts with each of the four vendors. Specific performance, rate, and liability/property damage insurance requirements are all part of the contracts. Within the past 60 days, Lynnwood agreed with a request from the four vendors to reduce the umbrella liability coverage requirement from $2,000,000.00 to $1,000,000.00. Lynnwood also made a housekeeping change to language within the automobile insurance section of the contracts to better clarify insurance requirements.. These changes have been discussed with the Edmonds City Attorney who agreed that the changes were appropriate, still providing an adequate level of insurance coverage at $2,000,000.00 per occurrence and $3,000,000.00 aggregate, and should be specified in an amendment to the current towing contract with each of the vendors. . Recommendation The Police Department recommends that Public Safety Committee approves the towing contract amendment with each of the four vendors and places the item on consent agenda. Revenue & Expenditures Fiscal Impact Fiscal Year: 2007 Revenue: Expenditure: Fiscal Impact: Changes to towing contract are expected to have no material fiscal impact. Attachments Link: Towing Amendment Paulson's Link: Towing Amendment R&R Link: Towing Amendment Shannon Link: Towing Amendment Wally's Form Routing/Status Route Seq Inbox Approved By Date Status 1 City Clerk Sandy Chase 11/28/2006 02:35 PM APRV 2 Mayor Gary Haakenson 11/28/2006 02:37 PM APRV 3 Final Approval Sandy Chase 11/28/2006 03:14 PM APRV Form Started By: Al Compaan Started On: 11/14/2006 11:38 AM Final Approval Date: 11/28/2006 Packet Page 31 of 61 Packet Page 32 of 61 Packet Page 33 of 61 Packet Page 34 of 61 Packet Page 35 of 61 Packet Page 36 of 61 Packet Page 37 of 61 Packet Page 38 of 61 Packet Page 39 of 61 Packet Page 40 of 61 Packet Page 41 of 61 Packet Page 42 of 61 Packet Page 43 of 61 Packet Page 44 of 61 Packet Page 45 of 61 Packet Page 46 of 61 Packet Page 47 of 61 Packet Page 48 of 61 Packet Page 49 of 61 Packet Page 50 of 61 Packet Page 51 of 61 AM-729 3.F. Contract for Deceased Animal Disposal Services Committee Meetings Date:12/05/2006 Submitted By:Al Compaan, Police Department Time:5 Minutes Department:Police Department Type: Committee:Public Safety Agenda Memo Subject Contract for Deceased Animal Disposal Services with The S. Morris Company. Previous Council Action Narrative As part of the city's animal control services, the city has periodic need to dispose of animals that are found deceased, or animals that are euthanized due to disease, injury or are otherwise unadoptable. The vendor has agreed to enter into a contractual agreement with the city to provide these services. Heretofore, this same vendor has provided these same services as part of the Adix's Bed and Bath for Dogs and Cats kenneling contract, and Adix has paid the vendor directly . It has been mutually agreed between Adix and the city that the city will contract directly with S. Morris Company for animal disposal. The city will assume responsibility for payment to S. Morris Company at a rate of $9.75 per disposed animal. This is the same rate currently paid by Adix. The city estimates total contractual cost with S. Morris Company in 2007 at $2,220.00. Of this amount, the city will be able to recover $799.00 per year from the city of Mountlake Terrace under the animal control services agreement with that city. Recommendation The Police Department recommends approval of this contract by the Public Safety Committee, with placement on consent agenda for full council approval, authorizing the mayor to sign. The city attorney has approved the contract as to form. Revenue & Expenditures Fiscal Impact Fiscal Year: Revenue: Expenditure: Fiscal Impact: Costs associated with this contract are built into the 2007-2008 General Fund Police Services budget. Attachments Link: S Morris Co contract draft 11-22-06 Form Routing/Status Route Seq Inbox Approved By Date Status 1 City Clerk Sandy Chase 11/30/2006 04:07 PM APRV 2 Mayor Gary Haakenson 11/30/2006 04:20 PM APRV 3 Final Approval Sandy Chase 12/01/2006 11:58 AM APRV Form Started By: Al Compaan Started On: 11/22/2006 02:35 PM Final Approval Date: 12/01/2006 Packet Page 52 of 61 CONTRACT FOR ANIMAL DISPOSAL SERVICES THIS CONTRACT 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 unadoptable 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 $9.75 per animal for disposal services, increased in 2008 and 2009 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. {WSS560829.DOC;1/00006.900000/} 1 Packet Page 53 of 61 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. 5. 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 {WSS560829.DOC;1/00006.900000/} 2 Packet Page 54 of 61 Seattle, WA 98139 206.784.4055 6. Entire Agreement; Amendment; Attorneys’ Fees. This Agreement contains all the understandings between the Parties and is intended to operate as such and may only be modified in writing signed by both Parties hereto. 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. 7. Term. This Agreement shall have a three year term commencing on January 1, 2007. EXECUTED this ______ day of _________________, 20 ____. CITY OF EDMONDS THE S. MORRIS COMPANY By: __________________________ By: _________________________ Mayor Gary Haakenson The S. Morris Company ATTESTED/AUTHENTICATED By: ___________________________ Sandy S. Chase, City Clerk APPROVED AS TO FORM By: ___________________________ W. Scott Snyder, City Attorney {WSS560829.DOC;1/00006.900000/} 3 Packet Page 55 of 61 AM-727 3.G. Contract for Animal Kenneling Services Committee Meetings Date:12/05/2006 Submitted By:Al Compaan, Police Department Time:45 Minutes Department:Police Department Type:Action Committee:Public Safety Agenda Memo Subject Contract for Animal Kenneling Services with Adix's Bed & Bath for Dogs and Cats. Previous Council Action Narrative The current contract with the city’s vendor of animal kenneling services, Adix’s Bed and Bath for Dogs and Cats, expires December 31, 2006. The Police Department feels it is in the best interest of city operations to continue a contractual relationship with Adix’s. The annual fee for animal kenneling services for 2007 will be $21,475.96. This compares to an annual amount in 2006 of $22,740.84. The reason for the decrease in the contracted amount with Adix's is due to the fact responsibility for animal disposal costs that has heretofore been part of the annual fee paid by the city to Adix's will now be covered under a separate contract between the city and the animal disposal vendor. This was done at the mutual agreement between Adix's and the city. The city anticipates animal disposal costs with the third party vendor for 2007 will be approximately $2,220.00. The animal disposal contract will be presented as a separate agenda item. The majority of animals disposed of are already deceased wild animals picked up by Animal Control, as well as a few diseased or otherwise unadoptable animals, i.e. feral cats. Recommendation The Police Department recommends approval of this item for Consent Agenda, authorizing the mayor to sign the contract. The City Attorney has approved as to form and content. Revenue & Expenditures Fiscal Impact Fiscal Year: Revenue: Expenditure: Fiscal Impact: Costs associated with the Adix contract are budgeted as part of the 2007-2008 General Fund Police Services budget. Attachments Link: Adix Contract Draft 11-29-06 Form Routing/Status Route Seq Inbox Approved By Date Status 1 City Clerk Sandy Chase 11/30/2006 03:40 PM APRV 2 Mayor Gary Haakenson 11/30/2006 03:47 PM APRV 3 Final Approval Sandy Chase 11/30/2006 04:06 PM APRV Form Started By: Al Compaan Started On: 11/21/2006 01:56 PM Final Approval Date: 11/30/2006 Packet Page 56 of 61 CONTRACT FOR ANIMAL KENNELING SERVICES THIS CONTRACT is made between the City of Edmonds, Washington, hereafter referred to as “City”, and Adix’s Bed and Bath for Dogs and Cats, Inc., hereafter referred to as “Adix”. WHEREAS, the City has determined by ordinances to regulate animals within the city limits, including the licensing and preventing the running at large of animals and preventing animals from becoming nuisances, and WHEREAS, Adix is a corporation duly organized under the laws of the State of Washington, and WHEREAS, the City has no animal kenneling services of its own, and WHEREAS, the City and Adix desire to enter into a contract defining the rights and responsibilities of Adix and the City with respect to animal kenneling, NOW, THEREFORE, In consideration of mutual covenants herein contained, ADIX and the City have mutually agreed and do hereby agree as follows: 1. Undertakings of Adix. 1.1 Adix will furnish animal kenneling services to the City. Animal kenneling services shall include kenneling and holding animals at the facility operated by Adix, releasing animals to owners, cooperating with the temporary transfer of animals to a veterinarian designated by the City for the purpose of spaying or neutering, and disposing of animals in a responsible and lawful manner, including adoption of animals not claimed by owners after the period prescribed by ordinance and this agreement. Adix shall maintain established hours of operation for the general public pursuant to the terms of this contract. Hours are Monday through Saturday 9 AM to 5 PM and Sunday 2 PM to 5 PM, excluding previously designated holidays being observed by Adix. In addition, Adix is closed for lunch between 12:30 PM and 1:30 PM Monday through Saturday. 1.2 Adix agrees to accept animals brought to Adix by Lynnwood Animal Control under mutual aid when Edmonds has no Animal Control on duty. Mutual Aid for the purposes of this contract means only those animals that have been picked-up in Edmonds by Lynnwood Animal Control. 1.3 Unclaimed or unadoptable animals will be humanely euthanised and disposed of off-site. To provide proper paper trail, requests by Adix pursuant to this section for euthanasia of Adix animals will be made in writing. The disposal fee is the responsibility of the City.. Disposal within the terms of this contract also includes disposal of dead {WSS560829.DOC;1/00006.900000/} 1 Packet Page 57 of 61 animals that are picked up by the City as part of its animal control services or animals that die in Adix’s care. 1.4 Adix agrees to abide by and strictly follow any and all procedures of Chapter 5.05 of Edmonds Municipal Code, as now and hereafter amended, regulating animals, particularly as they relate to the length of impoundment before disposing of any animals. Adix and the City agree that Chapter 5.05, as now or hereafter amended, shall be incorporated by reference herein and shall be part of this contract as if set forth in full herein. 1.5 Adix agrees not to release any kenneled animal to any person until Adix is reasonably satisfied that the person has paid all applicable license, kenneling, and other fees to the appropriate agency, including the City. The City shall be responsible for the preparation of all reporting, fee collection and any accounting relating to such reporting and collecting. 1.6 Except as provided in paragraph 1.4 above, Adix agrees not to dispose of any animal before seventy-two hours upon receipt of receiving said animal from the City, excluding previously designated holidays being observed by Adix, nor shall Adix release any animal which has not been either spayed or neutered by a veterinarian in accordance with procedures established by the City or has been designated by an agent of the City or such veterinarian as an inappropriate candidate for surgery, as such term is defined in Chapter 5.05. Licensed, tagged, or identifiable animals will be held for ten days by Adix. Animals held under RCW 16.52.085 will be held for fifteen business days. 1.7 If not claimed by an owner during the applicable holding period, an animal shall immediately become the property of Adix. Disposition of the animal is then at Adix’s discretion provided, however, that: 1.7.1 Adix shall not dispose of the animal while any legal proceedings are pending or in contravention of any court order. 1.7.2 Any animal designated as an inappropriate candidate for surgery which is released for adoption shall be released subject to the payment of a $50 deposit. Such deposit shall be remitted to the City and a receipt provided to the adopter, who shall present the receipt to Adix at the date of release of the adopted pet. The purpose of such deposit is to ensure that the animal will be spayed or neutered by a veterinarian in accordance with Chapter 5.05. 1.7.3 Any animal which has been spayed or neutered at the cost of the City shall be subject to payment of a fee of $50 when sold by Adix. Any charge for adoption by Adix shall be in addition to this amount. The purpose of this fee is to partially reimburse the City for the cost of spaying or neutering. The Parties acknowledge that spaying and neutering enhances the value of the animal which has become the property of Adix. Upon payment of the fee to the City, a receipt {WSS560829.DOC;1/00006.900000/} 2 Packet Page 58 of 61 shall be provided to the adopter, who shall present the receipt to Adix at the date of the release of the adopted pet. 1.8 Adequate records of all fees and deposits charged pursuant to paragraphs 1.6.2 and 1.6.3 above shall be kept by the City. All funds shall be remitted by the adopter to the City. 1.9 The Parties have stipulated that the annual fee set forth in paragraph 2 below is intended to provide for ten dog runs, inclusive of both the impounds of the City and of Mountlake Terrace impounds, so long as the City continues to provide animal control services for Mountlake Terrace, and with the understanding that up to two dogs may be kenneled per run at any given time. The City agrees to compensate ADIX for any additional runs utilized to kennel dogs for the City at the rate of $15 per day, such rate to be charged in addition to the annual fee set forth in paragraph 2. 1.10 Adix and the City agree to work collaboratively on promoting adoptions of those animals brought to Adix by the City. Adoptions shall be made in as timely a manner as possible and an animal’s time in shelter shall be kept to a minimum. 2. Undertakings of the City. In consideration of the services performed, the city shall pay to Adix the sum of $1,789.66 per month, increased in 2008 and 2009 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 kenneling services, this Agreement shall expire at the end of the last term for which an appropriation has been made. This charge is based upon certain assumptions regarding the number of dogs and cats to be kenneled and the recovery time necessary following spaying or neutering before an animal may be adopted or otherwise released. 3. Indemnity. Adix 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 Adix in performing this contract. Adix further agrees to procure and maintain an insurance policy or policies protecting Adix 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 {WSS560829.DOC;1/00006.900000/} 3 Packet Page 59 of 61 to enforce this indemnification agreement, Adix waives its immunity under Title 51 of the Revised Code of Washington. 4. Independent Contractor. Adix is and shall be considered an independent contractor. All persons performing services under this agreement shall be employees of Adix and are not employees of the City. Adix 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 Adix. Adix 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. 5. 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 Adix 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 Adix’s Bed and Bath for Dogs and Cats c/o Lynn Adix 21100 72 Avenue West Edmonds, WA 98026 6. Entire Agreement; Amendment; Attorneys’ Fees. This Agreement contains all the understandings between the Parties and is intended to operate as such and may only be modified in writing signed by both Parties hereto. 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. 7. Term. This Agreement shall have a three year term commencing on January 1, 2007. EXECUTED this ______ day of _________________, 20 ____. CITY OF EDMONDS ADIX’S BED AND BATH FOR DOGS AND CATS, INC. {WSS560829.DOC;1/00006.900000/} 4 Packet Page 60 of 61 By: __________________________ By: _________________________ Mayor Gary Haakenson Adix’s Bed and Bath for Dogs and Cats, Inc. ATTESTED/AUTHENTICATED By: ___________________________ Sandy S. Chase, City Clerk APPROVED AS TO FORM By: ___________________________ W. Scott Snyder, City Attorney {WSS560829.DOC;1/00006.900000/} 5 Packet Page 61 of 61