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2008.04.08 CC Committee Meetings Agenda PacketAGENDA                City Council Committee Meetings Council Chambers, Public Safety Complex 250 5th Avenue North, Edmonds April 08, 2008 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 Services/Development Services Committee Meeting Room:  Council Chambers   A. AM-1491 (20 Minutes) Proposed Resolution of environmental policy and principles.   B. AM-1495 (30 Minutes) Discuss process for a potential bond / levy related to purchase of a portion of the three parcels known as the Downtown Master Plan Area - Waterfront Antique Mall, Harbor Square and Skippers properties.   C. AM-1496 (10 Minutes) Draft Resolution establishing the City of Edmonds Sustainable Building Policy.   D. AM-1498 (10 Minutes) Draft Resolution joining the Cascade Agenda Cities Program.   2.Finance Committee Meeting Room:  Jury Meeting Room   A. AM-1497 (10 Minutes) 2008 First Budget Amending Ordinance.   B. AM-1499 City Hall first floor retail options. Packet Page 1 of 63 B. AM-1499 (10 Minutes) City Hall first floor retail options.   C. AM-1493 (15 Minutes) Stormwater Engineering Professional Services Agreement.   3.Public Safety Committee Meeting Room:  Police Training Room   A. AM-1451 (10 Minutes) Review of 2008 Addendum to Prisoner Detention Agreement with City of Lynnwood.   B. AM-1454 (15 Minutes) Discussion of proposed Ordinance requiring motorists to turn off polluting vehicle engines while at rest for more than three minutes at a time.   C. AM-1489 (5 Minutes) Authorization for the Mayor to sign an Interagency Agreement between the Washington State Patrol and the Edmonds Fire Department.   D. AM-1494 (15 Minutes) Red light cameras.   ADJOURN   Packet Page 2 of 63 AM-1491 1.A. Proposed Resolution of Environmental Policy and Principle City Council Committee Meetings Date:04/08/2008 Submitted By:Jana Spellman, City Council Submitted For:Councilmember Wilson Time:20 Minutes Department:City Council Type:Action Committee:Community/Development Services Information Subject Title Proposed Resolution of environmental policy and principles. Recommendation from Mayor and Staff Previous Council Action This item came before the CS/DS Committee on March 11, 2008. The Committee recommended it come before the full Council for discussion. This Resolution was placed on the March 18, 2008, Council Agenda for review and active editing. After review and editing, it was then placed on the March 25, 2008 Council Agenda for public input. Councilmember Wilson advised that additional feedback would be presented to the Community Services/Development Services Committee at their April 8, 2008, meeting and a final resolution would be returned to the Council. Exhibit 1: Updated Resolution of Environmental Principals and Policy Exhibit 2: Edmonds City Council Minutes of March 25, 2008 Exhibit 3: Edmonds City Council Minutes of March 18, 2008 Exhibit 4: Memo from Councilmember Wilson regarding the Resolution dated March 13, 2008 Narrative This Resolution is now before the CS/DS Committee with feedback, rework and revisions for review and passage by the Council at a later date. Fiscal Impact Attachments Link: Exh 1 Updated Draft Reso Env Prin-Pol Link: Exh 2 3-25-08 Council Minutes Link: Exh 3 3-18-08 Council Minutes Link: Exh 4 Wilson Memo Form Routing/Status Route Seq Inbox Approved By Date Status 1 City Clerk Sandy Chase 04/03/2008 09:50 AM APRV Packet Page 3 of 63 2 Mayor Gary Haakenson 04/03/2008 12:22 PM APRV 3 Final Approval Sandy Chase 04/03/2008 12:24 PM APRV Form Started By: Jana Spellman  Started On: 04/01/2008 01:01 PM Final Approval Date: 04/03/2008 Packet Page 4 of 63 Packet Page 5 of 63 Packet Page 6 of 63 Packet Page 7 of 63 Packet Page 8 of 63 Packet Page 9 of 63 Packet Page 10 of 63 Packet Page 11 of 63 Packet Page 12 of 63 Packet Page 13 of 63 Packet Page 14 of 63 AM-1495 1.B. Waterfront Antique Mall, Harbor Square and Skippers Properties City Council Committee Meetings Date:04/08/2008 Submitted By:Sandy Chase, City Clerk's Office Time:30 Minutes Department:City Clerk's Office Type:Information Committee:Community/Development Services Information Subject Title Discuss process for a potential bond / levy related to purchase of a portion of the three parcels known as the Downtown Master Plan Area - Waterfront Antique Mall, Harbor Square and Skippers properties. Recommendation from Mayor and Staff Previous Council Action Narrative An Agenda Memo was not prepared for this item. A discussion will be held at the meeting. Fiscal Impact Attachments No file(s) attached. Form Routing/Status Route Seq Inbox Approved By Date Status 1 City Clerk Sandy Chase 04/03/2008 12:29 PM APRV 2 Mayor Gary Haakenson 04/03/2008 03:08 PM APRV 3 Final Approval Sandy Chase 04/04/2008 07:21 AM APRV Form Started By: Sandy Chase  Started On: 04/03/2008 12:27 PM Final Approval Date: 04/04/2008 Packet Page 15 of 63 AM-1496 1.C. Draft Resolution establishing the City of Edmonds Sustainable Building Policy. City Council Committee Meetings Date:04/08/2008 Submitted By:Rob Chave, Planning Submitted For:Rob Chave Time:10 Minutes Department:Planning Type:Action Committee:Community/Development Services Information Subject Title Draft Resolution establishing the City of Edmonds Sustainable Building Policy. Recommendation from Mayor and Staff Recommend full City Council adoption of the proposed Resolution. Previous Council Action None. Narrative Edmonds' U.S. Mayor’s Climate Protection Committee has recommended that the City Council adopt the attached draft resolution establishing a City of Edmonds Sustainable Building Policy. This policy would require the City to meet a LEED (Leadership in Energy and Environmental Design) Silver rating on new and renovated City buildings that exceed a specified threshold. The purpose of this policy is for the City to demonstrate its commitment to sustainable building and to serve as an example for achieving sustainable building practices. The draft Edmonds Sustainable Building Policy is patterned after a similar policy adopted by the City of Seattle, but has been modified to be appropriate to the City of Edmonds. As an example, an Edmonds-specific change is the encouragement of remodeling projects to consider life cycle costing even when a silver LEED certification isn't required. This resolution was developed by the Climate Committee working with City of Edmonds staff, and all are convinced that the policy represents a desirable - and achievable - goal for the City to meet. Fiscal Impact Attachments Link: Attachment 1: Draft Resolution and Policy Form Routing/Status Route Seq Inbox Approved By Date Status 1 City Clerk Sandy Chase 04/03/2008 02:32 PM APRV 2 Mayor Gary Haakenson 04/03/2008 03:08 PM APRV 3 Final Approval Sandy Chase 04/04/2008 07:21 AM APRV Packet Page 16 of 63 Form Started By: Rob Chave  Started On: 04/03/2008 01:44 PM Final Approval Date: 04/04/2008 Packet Page 17 of 63 Edmonds Sustainable Building Policy Page 1 RESOLUTION NO. _____ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EDMONDS, WASHINGTON, ESTABLISHING THE CITY OF EDMONDS SUSTAINABLE BUILDING POLICY. WHEREAS, in September, 2006, the City of Edmonds formally expressed support for the Kyoto Protocol and adopted the U.S. Mayors Climate Protection Agreement by Resolution No. 1129, and joined the International Council for Local Environmental Initiatives (ICLEI) by Resolution No. 1130.; and WHEREAS, Edmonds’ Citizens Committee on the U.S. Mayors Climate Protection Agreement has developed a Sustainable Building Policy; and WHEREAS, representatives of City departments with key involvement in planned City construction projects have been involved in the development of the Sustainable Building Policy; and WHEREAS, the City desires that its buildings and facilities be models of environmental and economic stewardship, contributing to the City’s goals of protecting, conserving and enhancing the region’s environmental resources while setting a community standard of sustainable building; and WHEREAS, adopting the Sustainable Building Policy will help ensure that new and renovated City facilities will be models of environmental stewardship; and WHEREAS, the Sustainable Building Policy utilizes the U.S. Green Building Council’s Leadership in Energy and Environmental Design (LEED) rating system and the Energy Star program of the U.S. Environmental Protection Agency and the U.S. Department of Energy, both of which provide a nationally recognized, common language for defining building sustainability; NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF EDMONDS, WASHINGTON, HEREBY RESOLVES AS FOLLOWS: The Sustainable Building Policy in Exhibit A is adopted as City policy and is hereby endorsed by the City Council. It is the intent of the City Council that the Sustainable Building Policy will apply to all new City-owned facilities greater than 5,000 square feet. Renovations of existing structures that exceed 50% of the assessed value of such buildings shall also meet this standard. The Council recognizes, however, that it may not be feasible to immediately achieve Citywide adherence to the policy for those projects which are already in construction phase. Packet Page 18 of 63 Edmonds Sustainable Building Policy Page 2 RESOLVED this ___ day of _________, 2008. APPROVED: __________________________________ MAYOR, GARY HAAKENSON ATTEST/AUTHENTICATED: CITY CLERK, SANDRA S. CHASE FILED WITH THE CITY CLERK: PASSED BY THE CITY COUNCIL: RESOLUTIION NO. ____ Packet Page 19 of 63 Edmonds Sustainable Building Policy Page 3 Exhibit A City of Edmonds Sustainable Building Policy Section 1: PURPOSE The purpose of a Citywide policy on sustainable building is to demonstrate the City’s commitment to environmental, economic, and social stewardship, to yield cost savings to the City taxpayers through reduced operating costs, to provide healthy work environments for staff and visitors, and to contribute to the City’s goals of protecting, conserving, and enhancing the region’s environmental resources. Additionally, the City hopes to set a community standard of sustainable building. Section 2: ORGANIZATIONS AFFECTED All City departments and offices and their contractors responsible for financing, planning, designing, developing, constructing and managing City-owned facilities and buildings. Section 3: DEFINITIONS Sustainable Building Sustainable building integrates building materials and methods that promote environmental quality, economic vitality, and social benefit through the design, construction and operation of the built environment. Sustainable building merges sound, environmentally responsible practices into one discipline that looks at the environmental, economic and social effects of a building or built project as a whole. Sustainable design encompasses the following broad topics: efficient management of energy and water resources, management of material resources and waste, protection of environmental quality, protection of health and indoor environmental quality, reinforcement of natural systems, and integrating the design approach. Life Cycle Cost Analysis An inclusive approach to costing a program, facility, or group of facilities that encompasses planning, design, construction, operation and maintenance over the useful life of the facilities and finally any decommissioning or disassembly costs. Life Cycle Cost Analysis looks at the net present value of design options as investments. The goal is to achieve the highest, most cost-effective environmental performance possible over the life of the project. LEED Rating System The Leadership in Energy and Environmental Design (LEED) Green Building Rating System™ encourages and accelerates global adoption of sustainable green building and Packet Page 20 of 63 Edmonds Sustainable Building Policy Page 4 development practices through the creation and implementation of universally understood and accepted tools and performance criteria. LEED is the nationally accepted benchmark for the design, construction and operation of high performance green buildings. LEED gives building owners and operators the tools they need to have an immediate and measurable impact on their buildings’ performance. LEED promotes a whole-building approach to sustainability by recognizing performance in five key areas of human and environmental health: sustainable site development, water savings, energy efficiency, materials selection and indoor environmental quality. There are four rating levels: Certified, Silver, Gold, and Platinum. Section 4: POLICY It shall be the policy of the City of Edmonds to finance, plan, design, construct, manage, renovate, maintain, and decommission its facilities and buildings to be sustainable. This applies to new construction and major remodels in which the total project square footage meets the criteria given. The US Green Building Council’s LEED (Leadership in Energy and Environmental Design) rating system and accompanying Reference Guide shall be used as a design and measurement tool to determine what constitutes sustainable building by national standards. New construction of all City-owned facilities and buildings greater than 5,000 square feet shall meet a minimum LEED Silver rating. Renovations of existing buildings that exceed this 5,000 square foot threshold shall also meet a minimum LEED Silver standard for all projects whose value is 50% or more of the assessed value of the structure. Improvements to buildings that do not exceed these thresholds shall seek to improve the building’s ability to meet LEED standards to the extent warranted by the scope and funding available for the project without impairing the ability of the City to maintain its buildings and facilities. In all cases, the City shall utilize budget planning and life cycle cost analysis in all of its building and facility decisions. Design and project management teams are encouraged to meet higher LEED rating levels. A Mayor’s Award for achieving a higher rating will be awarded. Section 5: PROCEDURES AND RESPONSIBILITIES The Directors of all City Departments whose responsibilities include planning, designing, constructing or renovating City-owned facilities shall be responsible for ensuring that facilities and buildings comply with Section 4. The City shall establish a Green Building Team, comprised of representatives from the Engineering, Planning, Building and Facilities Divisions. The Green Building Team shall be responsible for establishing and updating a LEED reference manual for helping provide technical expertise on specific sustainable building issues on a case by case basis, and coordinating LEED training programs within the City. The Green Building Team shall also establish the minimum number of credits required in each of the LEED categories applicable to City projects. Packet Page 21 of 63 Edmonds Sustainable Building Policy Page 5 Section 6: BUDGETING AND FINANCING All capital construction which falls under this policy will be expected to budget to meet at minimum the LEED Silver rating. Budget planning and life cycle cost analysis to achieve a higher rating – such as Gold or Platinum – is encouraged. Section 7: TRAINING City capital project managers currently managing or likely to manage projects which fit the criteria in Section 4 will be responsible to attend introductory LEED training and follow-up training as needed. The City shall encourage and support appropriate staff to receive LEED accreditations. Packet Page 22 of 63 AM-1498 1.D. Draft Resolution Joining the Cascade Agenda Cities Program. City Council Committee Meetings Date:04/08/2008 Submitted By:Rob Chave, Planning Submitted For:Rob Chave Time:10 Minutes Department:Planning Type:Action Committee:Community/Development Services Information Subject Title Draft Resolution joining the Cascade Agenda Cities Program. Recommendation from Mayor and Staff Direct the City Attorney to prepare a resolution for consideration and adoption by the Edmonds City Council. Previous Council Action None. Narrative Edmonds' U.S. Mayors Climate Protection Committee has recommended that the City Council adopt a resolution joining the Cascade Agenda Cities Program. The program is voluntary and does not cost the City to join. In order to join, the City Council must pass a resolution and designate a staff liaison (Planning Manager Rob Chave would be the designated person). Potential benefits of membership include education and information sharing, particularly important as cities strive to address the community, environmental and economic impacts associated with both growth pressures and climate change. A sample resolution is included in Attachment 1, with information on the program contained in Attachments 2 and 3. Fiscal Impact Attachments Link: Attachment 1: Sample Resolutiion Link: Attachment 2: Cascade Agenda Cities program summary Link: Attachment 3: Cascade Agenda Cities brochure Form Routing/Status Route Seq Inbox Approved By Date Status 1 City Clerk Sandy Chase 04/03/2008 02:54 PM APRV 2 Mayor Gary Haakenson 04/03/2008 03:08 PM APRV 3 Final Approval Sandy Chase 04/04/2008 07:21 AM APRV Form Started By: Rob Started On: 04/03/2008 02:28 Packet Page 23 of 63 Form Started By: Rob Chave  Started On: 04/03/2008 02:28 PM Final Approval Date: 04/04/2008 Packet Page 24 of 63 Cascade Agenda Cities Sample Resolution A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ________________ TO BECOME A CASCADE AGENDA CITY WHEREAS, the population in the Puget Sound region is expected to double in the next one hundred (100) years on top of the already dramatic growth recently experienced, thereby significantly impacting the growth of cities and towns, and WHEREAS, long-term ecosystem health, economic vitality and quality of life are of critical importance to citizens of the City, and WHEREAS, in the face of such growth, the City can maintain and enhance the quality of life by guiding how and where this growth will occur, and WHEREAS, The Cascade Agenda is a 100-year collective vision for the central Puget Sound region with the goals of conserving 1.3 million acres of working farms, forests, and natural areas and creating vibrant and livable communities, while sustaining a strong regional economy, and WHEREAS, The Cascade Land Conservancy, recognizing the relationship between making our communities spectacular enough to attract growth and the conservation of this region’s ecosystems and working lands, has launched the “Cascade Agenda Cities Program” to help local jurisdictions create complete, compact and connected communities. NOW, THEREFORE, THE CITY COUNCIL HEREBY RESOLVES AS FOLLOWS: Section 1. The City endorses the vision articulated in The Cascade Agenda as beneficial to the City and the region as a whole. Section 2.The City shall pursue a partnership with the Cascade Land Conservancy as a member of the Cascade Agenda Cities Program to advance this vision within the community. Section 3. The City will seek to align policies and programs on community development, housing, transportation, parks, open space, and sustainability with the objectives of The Cascade Agenda Cities Program, striving to make the City more complete, compact and connected. Section 4. The City shall appoint a staff person to act as the City’s primary link with respect to Cascade Agenda Cities related activities. PASSED by the City Council Packet Page 25 of 63 APPROVED: ___________________________ COUNCIL PRESIDENT APPROVED by the Mayor on this day _______________________________ MAYOR FILED on this day ATTEST ________________________________ CITY CLERK APPROVED AS TO FORM: BY: _________________________________ OFFICE OF THE CITY ATTORNEY RESOLUTION NO Packet Page 26 of 63 Packet Page 27 of 63 Packet Page 28 of 63 Packet Page 29 of 63 Packet Page 30 of 63 Packet Page 31 of 63 Packet Page 32 of 63 Packet Page 33 of 63 AM-1497 2.A. 2008 First Budget Amending Ordinance City Council Committee Meetings Date:04/08/2008 Submitted By:Kathleen Junglov, Administrative Services Time:10 Minutes Department:Administrative Services Type:Action Committee:Finance Information Subject Title 2008 First Budget Amending Ordinance. Recommendation from Mayor and Staff Foward ordinance to full council for approval. Previous Council Action Narrative In governmental budgeting, expenditures may take place up to the amount appropriated in the current budget. Financial activity impacting appropriation levels are brought before the Edmonds City Council on a quarterly basis in the form of a budget amendment ordinance. The first quarter 2008 budget amendment contains a total of 15 proposed adjustments, three of which have previously been before Council. General Fund requests total $103,683 of which $49,375 will be funded by a private donation and interfund revenues. The net impact to the General Fund's ending cash is a decrease of $54,308. Non-General Fund expenditures will increase by $7,467,600. Of this amount approximately $5.9 million is for capital projects originally budgeted for expenditure in 2007, but now being reappropriated to 2008. Additionally, interfund transfers increased by $967,500, Debt service on the 2007 LTGO amounted to $316,000, interfund professional services increased by $48,500 and the storm water utility tax paid to the general fund was $108,000. These expenditures are partially being funded by $3.375 million cash carry forward and $$1.9 million in grants. The net impact to the Non-General Fund ending cash is a decrease of $1,164,823. Fiscal Impact Attachments Link: 2008 First Budget Amending Ordinance Form Routing/Status Route Seq Inbox Approved By Date Status 1 Admin Services Dan Clements 04/03/2008 02:00 PM APRV 2 City Clerk Sandy Chase 04/03/2008 02:32 PM APRV 3 Mayor Gary Haakenson 04/03/2008 03:08 PM APRV Packet Page 34 of 63 4 Final Approval Sandy Chase 04/04/2008 07:21 AM APRV Form Started By: Kathleen Junglov  Started On: 04/03/2008 01:49 PM Final Approval Date: 04/04/2008 Packet Page 35 of 63 ORDINANCE NO. _______ AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON, AMENDING ORDINANCE NO. 3613 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 2008 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. 3613 adopting the final budget for the fiscal year 2008 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\0015_1497_2008 FIRST AMENDING ORDINANCE.DOC Packet Page 36 of 63 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 37 of 63 SUMMARY OF ORDINANCE NO. __________ of the City of Edmonds, Washington On the ____ day of ___________, 2008, 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. 3613 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 ________________, 2008. CITY CLERK, SANDRA S. CHASE 3 Packet Page 38 of 63 EXHIBIT“A:” BUDGET SUMMARY BY FUND 2008 2008 FUND FUND BEGINNING REVENUE EXPENDITURES ENDING NO. DESCRIPTION CASH CASH 001 GENERAL FUND 2,972,617 30,847,588 33,385,455 434,750 006 EMERGENCY/FINANCIAL RESERVE 1,927,600 0 0 1,927,600 009 LEOFF-MEDICAL INS. RESERVE 317,515 535,492 561,938 291,069 104 DRUG ENFORCEMENT FUND 101,130 124,500 70,035 155,595 111 STREET FUND 177,990 1,260,059 1,411,017 27,032 112 COMBINED STREET CONST/IMPROVE 694,487 2,353,047 2,820,895 226,639 113 MULTIMODAL TRANSPORTATION FD. 0 2,000,000 2,000,000 0 116 BUILDING MAINTENANCE 991,746 1,906,600 2,826,400 71,946 117 MUNICIPAL ARTS ACQUIS. FUND 167,305 65,930 77,250 155,985 118 MEMORIAL STREET TREE 16,447 600 0 17,047 120 HOTEL/MOTEL TAX REVENUE FUND 137,930 65,206 75,206 127,930 121 EMPLOYEE PARKING PERMIT FUND 72,174 18,600 18,510 72,264 122 YOUTH SCHOLARSHIP FUND 7,843 2,850 3,200 7,493 123 TOURISM PROMOTIONAL FUND/ARTS 22,176 17,483 21,800 17,859 125 PARK ACQ/IMPROVEMENT 2,005,814 1,488,808 3,388,000 106,622 126 SPECIAL CAPITAL FUND 1,084,052 2,070,000 1,816,848 1,337,204 127 GIFTS CATALOG FUND 152,269 9,700 2,600 159,369 129 SPECIAL PROJECTS FUND 11,606 373,000 384,606 0 130 CEMETERY MAINTENANCE/IMPROV 240,895 265,364 170,645 335,614 131 FIRE DONATIONS 8,289 5,838 0 14,127 132 PARKS CONSTRUCTION 0 0 0 0 211 LID FUND CONTROL 7,466 251,000 243,300 15,166 213 LID GUARANTY FUND 43,529 2,000 0 45,529 234 LTGO BOND DEBT SERVICE FUND 0 421,973 421,973 0 411 COMBINED UTILITY OPERATION 3,787,218 12,626,193 13,361,031 3,052,380 412 COMBINED UTILITY CONST/IMPROVE 4,192,887 4,569,897 8,198,000 564,784 414 CAPITAL IMPROVEMENTS RESERVE 782,459 440,887 701,218 522,128 511 EQUIPMENT RENTAL FUND 3,286,108 2,104,768 1,363,287 4,027,589 601 PARKS TRUST FUND 128,908 4,000 0 132,908 610 CEMETERY MAINTENANCE TRUST FD 384,075 60,126 0 444,201 617 FIREMEN'S PENSION FUND 271,095 103,000 113,000 261,095 623 SISTER CITY COMMISSION 16,137 21,200 23,500 13,837 Totals 24,009,767 64,015,709 73,459,714 14,565,762 4 Packet Page 39 of 63 EXHIBIT “B”: BUDGET AMENDMENTS BY EXPENDITURE ORD. NO. 2008 FUND FUND 3613 Amended NO. DESCRIPTION 11/21/2006 Budget 001 GENERAL FUND 33,281,772 103,683 0 0 33,385,455 006 EMERGENCY/FINANCIAL RESERVE 0 0 0 0 0 009 LEOFF-MEDICAL INS. RESERVE 561,938 0 0 0 561,938 104 DRUG ENFORCEMENT FUND 70,035 0 0 0 70,035 111 STREET FUND 1,362,403 48,614 0 0 1,411,017 112 COMBINED STREET CONST/IMPROVE 2,820,895 0 0 0 2,820,895 113 MULTIMODAL TRANSPORTATION FD. 2,000,000 0 0 0 2,000,000 116 BUILDING MAINTENANCE 193,000 2,633,400 0 0 2,826,400 117 MUNICIPAL ARTS ACQUIS. FUND 77,250 0 0 0 77,250 118 MEMORIAL STREET TREE 0 0 0 0 0 120 HOTEL/MOTEL TAX REVENUE FUND 65,206 10,000 0 0 75,206 121 EMPLOYEE PARKING PERMIT FUND 18,510 0 0 0 18,510 122 YOUTH SCHOLARSHIP FUND 3,200 0 0 0 3,200 123 TOURISM PROMOTIONAL FUND/ARTS 21,800 0 0 0 21,800 125 PARK ACQ/IMPROVEMENT 3,388,000 0 0 0 3,388,000 126 SPECIAL CAPITAL FUND 869,550 947,298 0 0 1,816,848 127 GIFTS CATALOG FUND 1,600 1,000 0 0 2,600 129 SPECIAL PROJECTS FUND 0 384,606 0 0 384,606 130 CEMETERY MAINTENANCE/IMPROV 170,645 0 0 0 170,645 131 FIRE DONATIONS 0 0 0 0 0 132 PARKS CONSTRUCTION FUND 0 0 0 0 0 211 LID FUND CONTROL 243,300 0 0 0 243,300 213 LID GUARANTY FUND 0 0 0 0 0 234 LTGO BOND DEBT SERVICE FUND 421,973 0 0 0 421,973 411 COMBINED UTILITY OPERATION 13,023,174 337,857 0 0 13,361,031 412 COMBINED UTILITY CONST/IMPROVE 5,346,000 2,852,000 0 0 8,198,000 414 CAPITAL IMPROVEMENTS RESERVE 552,076 149,142 0 0 701,218 511 EQUIPMENT RENTAL FUND 1,363,287 0 0 0 1,363,287 601 PARKS TRUST FUND 0 0 0 0 0 610 CEMETERY MAINTENANCE TRUST FD 0 0 0 0 0 617 FIREMEN'S PENSION FUND 113,000 0 0 0 113,000 621 SPECIAL LIBRARY 0 0 0 0 0 623 SISTER CITY COMMISSION 23,500 0 0 0 23,500 Totals 65,992,114 7,467,600 0 0 73,459,714 5 Packet Page 40 of 63 EXHIBIT “C”: BUDGET AMENDMENT DETAIL Page 1 of 2 Items Previously Before Council Spc Prj Fd - Hwy 99 Beginning Fund Balance 11,606 Spc Prj Fd - Hwy 99 Federal Grant 316,000 Spc Prj Fd - Hwy 99 Grant 57,000 Spc Prj Fd - Hwy 99 Capital Outlay 384,606 Fire Salary 113,473 Fire Overtime 12,395 Fire Holiday Buyback 5,029 Fire Benefit 18,700 Fire Salary 3,211 Fire Overtime 21 Fire Holiday Buyback 28 Fire Benefit 466 Fire Salary 36,196 Fire Overtime 3,066 Fire Holiday Buyback 1,581 Fire Benefit 5,834 General Fund Ending Fund Balance 200,000 General Fund 2007 LTGO Principal 17,365 General Fund 2007 LTGO-Interest 33,297 General Fund 2007 LTGO-Interest 10,842 General Fund Ending Fund Balance 5,090 Street Fund 2007 LTGO Principal 2,546 Street Fund 2007 LTGO-Interest 2,573 Street Fund Ending Fund Balance 5,119 REET 1 2007 LTGO Principal 14,820 REET 1 2007 LTGO-Interest 14,978 REET 1 Ending Fund Balance 29,798 Utility Fund 2007 LTGO Principal 62,434 Utility Fund 2007 LTGO-Interest 63,099 Utility Fund 2007 LTGO Principal 1,710 Utility Fund 2007 LTGO-Interest 1,728 Utility Fund 2007 LTGO Principal 1,368 Utility Fund 2007 LTGO-Interest 1,383 Utility Fund Ending Fund Balance 131,722 Utility Fund 2007 LTGO Principal 74,176 Utility Fund 2007 LTGO-Interest 74,966 Utility Fund Ending Fund Balance 149,142 Reappropriate funds from 2007 to 2008 and record receipt of additional grant funds for expenditure in 2008. Distribute Salary and Benefit budget based on 2008-2010 settled contract. Record 2007 LTGO Debt Principal and Interest Payments. 6 Packet Page 41 of 63 EXHIBIT “C”: BUDGET AMENDMENT DETAIL Page 2 of 2 New Items for Council to Consider-Reappropriations Fire Donation Fund Beginning Fund Balance 11,327 Fire Donation Fund Ending Fund Balance 11,327 Narc Fund Beginning Fund Balance 82,200 Narc Fund Transfer In-Gen Fund 54,535 Narc Fund Confiscated Funds 109,000 Narc Fund Ending Fund Balance 136,665 General Fund Ending Fund Balance 54,535 General Fund Transfers Out 54,535 Hotel/Motel Fund Beginning Fund Balance 82,662 Hotel/Motel Fund Miscellaneous 10,000 Hotel/Motel Fund Ending Fund Balance 72,662 Building Maintenance Beginning Fund Balance 713,393 Building Maintenance Sno Co CDBG 160,000 Building Maintenance Seismic Impr Grant 765,000 Building Maintenance Professional Services 88,000 Building Maintenance Repair and Maintenance 766,700 Building Maintenance Construction Projects 1,778,700 Building Maintenance Transfer In 917,500 Building Maintenance Ending Fund Balance 77,507 REET 1 Beginning Fund Balance 296,065 REET 1 IAC Grants 600,000 REET 1 Transfer Out 917,500 REET 1 Ending Fund Balance 21,435 Utility Fund Beginning Fund Balance 498,381 Utility Fund Transfer In 700,000 Utility Fund Transfer Out 700,000 Utility Fund Construction Projects 40,000 Utility Fund Ending Fund Balance 161,619 Utility Fund Beginning Fund Balance 566,119 Utility Fund Construction Projects 1,560,000 Utility Fund Ending Fund Balance 993,881 Utility Fund Beginning Fund Balance 1,988,544 Utility Fund Transfer In 650,000 Utility Fund Transfer Out 650,000 Utility Fund Ending Fund Balance 50,000 Utility Fund Construction Projects 1,252,000 Utility Fund Ending Fund Balance 86,544 Street Fund Beginning Fund Balance 143,495 Street Fund Small Equipment 32,900 Street Fund Capital Outlay 10,595 Street Fund Transfer In 100,000 General Fund Transfer Out 100,000 General Fund Ending Fund Balance 100,000 New Items for Council to Consider-Amendments General Fund Supplies 875 General Fund Parks Donation 875 Gifts Catalog Fund Supplies 1,000 Gifts Catalog Fund WA State Grant 1,000 Fire Interfund Rental 3,753 General Fund Ending Fund Balance 3,753 Equipment Rental Ending Fund Balance 3,753 Equipment Rental Interfund Contributions 3,753 Utility Fund Stormwater Tax 107,635 Utility Fund Ending Fund Balance 107,635 Engineering Salaries 39,000 Engineering Benefits 9,500 General Fund Interfund Revenue 48,500 Utility Fund 48,500 Utility Fund Ending Fund Balance 48,500 Increase 2008 Beg Fund balance to reflect 2007 Actual Ending Cash, and reduce General Fund Transfer In. Reappropriate funds from 2007 for expenditure in 2008. Reduce 2008 Beginning Fund balance to reflect 2007 Actual Ending Cash. Increase 2008 Beg Fund balance to reflect 2007 Actual Ending Cash. Reappropriate funds from 2007 for expenditure in 2008. Increase 2008 Beg Fund balance to reflect 2007 Actual Ending Cash. Reappropriate funds from 2007 for expenditure in 2008. Record Stormwater utility tax payment to General Fund. Record addition of Utility Engineer position to be entirely funded by the Utility Fund Increase 2008 Beginning Fund balance to reflect 2007 Actual Ending Cash. Record receipt of large seizure funds and remove transfer in from General Fund Hubbard Family Foundation Grant to Discovery Pgm to purchase treasure boxes. Dept of Veterans Affairs Grant to purchase memorial bench to honor veterans. Increase 2008 Beg Fund balance to reflect 2007 Actual Ending Cash and record transfer from REET fund. Reappropriate funds from 2007 for expenditure in 2008. Increase 2008 Beg Fund balance to reflect 2007 Actual Ending Cash, record Grant Revenue, and transfer to Building Maintenance Fund. Provide replacement funds for SCBA compressor - 10 Year life, Estimated $50,000 replacement cost 7 Packet Page 42 of 63 AM-1499 2.B. City Hall First Floor Retail Options City Council Committee Meetings Date:04/08/2008 Submitted By:Jana Spellman, City Council Submitted For:Councilmember Orvis Time:10 Minutes Department:City Council Type:Information Committee:Finance Information Subject Title City Hall first floor retail options. Recommendation from Mayor and Staff N/A Previous Council Action N/A Narrative Councilmember Orvis asked that this item be placed on the Finance Committee for discussion. Fiscal Impact Attachments No file(s) attached. Form Routing/Status Route Seq Inbox Approved By Date Status 1 City Clerk Sandy Chase 04/03/2008 03:07 PM APRV 2 Mayor Gary Haakenson 04/03/2008 03:08 PM APRV 3 Final Approval Sandy Chase 04/04/2008 07:21 AM APRV Form Started By: Jana Spellman  Started On: 04/03/2008 02:58 PM Final Approval Date: 04/04/2008 Packet Page 43 of 63 AM-1493 2.C. Stormwater Engineering Professional Services Agreement City Council Committee Meetings Date:04/08/2008 Submitted By:Dave Gebert, Engineering Time:15 Minutes Department:Engineering Type:Action Committee:Finance Information Subject Title Stormwater Engineering Professional Services Agreement. Recommendation from Mayor and Staff Staff is seeking Finance Committee concurrence to negotiate a Professional Services Agreement with Brown and Caldwell to provide interim stormwater engineering services. Previous Council Action N/A Narrative The City Stormwater Engineer resigned in January 2008. We have been recruiting unsuccessfully since then to fill the position. Without a Stormwater Engineer, the Assistant City Engineer, Don Fiene, has been performing the most urgent and essential duties of the Stormwater Engineer. Mr. Fiene has now resigned, effective April 18, 2008, to accept a position with Brown and Caldwell, a professional engineering consulting firm. With Don’s departure, the City will have no qualified Stormwater Engineer on staff. Of particular concern is that we will have no in-house expertise to perform stormwater reviews of private development permit applications and to respond to citizen and developer questions and concerns regarding development requirements pertaining to stormwater issues. Therefore, the City has an urgent need to hire an engineering consultant to provide interim stormwater engineering services for a short term period, estimated to be approximately 3 to 6 months, until we can fill the vacant Stormwater Engineer position. It is estimated that these services will be required approximately 16 hours per week to perform recurring stormwater requirements until the City Stormwater Engineer position can be filled. During this time, only the bare essential, most urgent and time-sensitive stormwater requirements will be performed. Capital project designs and other, less urgent tasks will be deferred. Following established City procedures for selecting engineering consultants, a selection panel was appointed and selected Brown and Caldwell. With Don Fiene on their staff, Brown and Caldwell is clearly the best qualified and, realistically, the only firm qualified to immediately step in and be sufficiently knowledgeable of City codes, engineering standards and development procedures and requirements to meet our needs without a steep learning curve to overcome. It is anticipated that, initially, Don Fiene would be the Brown and Caldwell engineer to provide the needed stormwater engineering services. However, within a reasonable period of time (several weeks), it is expected Packet Page 44 of 63 that Brown and Caldwell will be able to provide much of the needed services by other engineers on their staff, with guidance from Don Fiene. This arrangement for Don Fiene to provide interim stormwater engineering services to the City in his new capacity with Brown and Caldwell has been reviewed by the City Attorney for potential conflict of interest. The City Attorney advises that no State statute prohibits a city from contracting with a professional services firm which employs a former city employee. However, Staff is aware of Council’s concerns regarding the appearance of conflict or impropriety. Staff has considered other options to provide interim stormwater engineering services, including temporary employment agencies, other engineering consultants with existing City on-call contracts, and hiring a qualified engineering firm other than Brown and Caldwell. Staff has concluded that hiring Brown and Caldwell is the only realistic option to immediately maintain the necessary continuity in providing the essential stormwater engineering without a major learning curve to overcome and the associated degradation of responsiveness to developers and citizens of Edmonds Edmonds. Staff recommends negotiation of a professional services agreement with Brown and Caldwell. If the Committee concurs, Staff will proceed accordingly to prepare a contract to present to the full Council for approval. Fiscal Impact Attachments No file(s) attached. Form Routing/Status Route Seq Inbox Approved By Date Status 1 Development Services Duane Bowman 04/03/2008 07:17 AM APRV 2 Public Works Noel Miller 04/03/2008 07:49 AM APRV 3 City Clerk Sandy Chase 04/03/2008 08:15 AM APRV 4 Mayor Gary Haakenson 04/03/2008 12:22 PM APRV 5 Final Approval Sandy Chase 04/03/2008 12:24 PM APRV Form Started By: Dave Gebert  Started On: 04/03/2008 05:35 AM Final Approval Date: 04/03/2008 Packet Page 45 of 63 AM-1451 3.A. Prisoner Detention Agreement Addendum City Council Committee Meetings Date:04/08/2008 Submitted By:Debbie Smith, Police Department Time:10 Minutes Department:Police Department Type:Action Committee:Public Safety Information Subject Title Review of 2008 Addendum to Prisoner Detention Agreement with City of Lynnwood. Recommendation from Mayor and Staff Approve for Consent Agenda, authorizing the Mayor to sign the contract addendum. Previous Council Action Narrative The City of Lynnwood and the City of Edmonds originally signed a Prisoner Detention Agreement on May 2, 1994. The agreement sets forth the terms and conditions of our utilization of Lynnwood jail services. Since that time, there have been several addenda to the agreement regarding remuneration issues. Lynnwood has presented us with an addendum (received March 10, 2008), essentially effective January 1, 2008, covering our portion of the Whatcom County cooperative prisoner transport service. Our share of the fee for 2008 is $14,449.66. Our fee for 2007 was $13,067.67. Whatcom County provides daily prisoner transportation service along the I-5 corridor from Bellingham to Seattle. The total costs of Whatcom County's NW Minichain are divided proportionately among participating agencies based on the number of prisoners transported. This is a "pass through" amount charged to Lynnwood and then billed to us by Lynnwood. Funds are already allocated in the approved 2007-2008 budget in Police (general fund) prisoner care. All other terms and conditions of the Prisoner Detention Agreement with the City of Lynnwood remain unchanged. Fiscal Impact Attachments Link: 2008 prisoner agmt Form Routing/Status Route Seq Inbox Approved By Date Status 1 City Clerk Sandy Chase 03/26/2008 09:08 AM APRV Packet Page 46 of 63 2 Mayor Gary Haakenson 03/26/2008 10:49 AM APRV 3 Final Approval Sandy Chase 03/26/2008 01:59 PM APRV Form Started By: Debbie Smith  Started On: 03/11/2008 11:38 AM Final Approval Date: 03/26/2008 Packet Page 47 of 63 Packet Page 48 of 63 Packet Page 49 of 63 AM-1454 3.B. Ordinance Requiring Motorists To Turn Off Polluting Vehicle Engines City Council Committee Meetings Date:04/08/2008 Submitted By:Jana Spellman, City Council Submitted For:Councilmember Bernheim Time:15 Minutes Department:City Council Type:Information Committee:Public Safety Information Subject Title Discussion of proposed Ordinance requiring motorists to turn off polluting vehicle engines while at rest for more than three minutes at a time. Recommendation from Mayor and Staff N/A Previous Council Action N/A Narrative Councilmember Bernheim asked that this item be placed on the April 8, 2008, Public Safety Committee Agenda. Exhibit 1 Bernheim Proposed Ordinance re Anti-idling. Fiscal Impact Attachments Link: Exh 1 Bernheim Anti-Idling Ord. Form Routing/Status Route Seq Inbox Approved By Date Status 1 City Clerk Sandy Chase 03/26/2008 09:08 AM APRV 2 Mayor Gary Haakenson 03/26/2008 10:49 AM APRV 3 Final Approval Sandy Chase 03/26/2008 01:59 PM APRV Form Started By: Jana Spellman  Started On: 03/12/2008 07:39 AM Final Approval Date: 03/26/2008 Packet Page 50 of 63 Packet Page 51 of 63 Packet Page 52 of 63 Packet Page 53 of 63 AM-1489 3.C. Interagency Agreement with the Washington State Patrol City Council Committee Meetings Date:04/08/2008 Submitted By:Tom Tomberg, Fire Time:5 Minutes Department:Fire Type:Action Committee:Public Safety Information Subject Title Authorization for the Mayor to sign an Interagency Agreement between the Washington State Patrol and the Edmonds Fire Department. Recommendation from Mayor and Staff Forward to the Council Consent Agenda with a recommendation to approve. Previous Council Action None. Previous interagency agreements were signed by the Fire Chief. Narrative The five-year, interagency agreement renewal allows the City/Fire Department to be reimbursed for allowable costs when Department assets are mobilized in accordance with the Washington State Fire Resource Mobilization Plan to protect life and property in response to a local or out-of-area emergency incident. Response is voluntary. The Department last voluntarily participated in a mobilization during the 2001 Icicle Creek Fire near Leavenworth. The Department incurred approximately $32,000 in labor, apparatus, and fuel costs and was reimbursed just over that amount by the state. The interagency agreement is a standard document prepared by the State Attorney General 's Office and is in use throughout the state. The City Attorney's Office approved the agreement as to form. Fiscal Impact Fiscal Year: Revenue: Expenditure: Fiscal Impact: None. Attachments Link: WSP Interagency Agreement Form Routing/Status Route Seq Inbox Approved By Date Status 1 City Clerk Sandy Chase 04/01/2008 08:11 AM APRV 2 Mayor Gary Haakenson 04/01/2008 11:50 AM APRV Packet Page 54 of 63 2 Mayor Gary Haakenson 04/01/2008 11:50 AM APRV 3 Final Approval Sandy Chase 04/02/2008 02:45 PM APRV Form Started By: Tom Tomberg  Started On: 03/28/2008 02:55 PM Final Approval Date: 04/02/2008 Packet Page 55 of 63 Packet Page 56 of 63 Packet Page 57 of 63 AM-1494 3.D. Red Light Cameras City Council Committee Meetings Date:04/08/2008 Submitted By:Gerry Gannon, Police Department Submitted For:Al Compaan Time:15 Minutes Department:Police Department Type:Action Committee:Public Safety Information Subject Title Red light cameras. Recommendation from Mayor and Staff Recommend approval of the agreement between the City and ATS to move forward with the intersection surveys. Recommend that this item is moved to the consent agenda and authorize the Mayor to sign the agreement. Previous Council Action None Narrative The City is interested in implementation of the red light cameras to reduce the severity of injuries at intersection collisions. Studies in Seattle and other jurisdictions have shown that red light cameras in fact do reduce the severity of injuries. The attached contract allows ATS to conduct surveys of intersections that may need red light cameras to address safety issues. The traffic engineer will provide the information to ATS for the intersections the city believes will best be served by the cameras. Unless the analysis indicates specific problems with individuals running red lights, the company will not recommend implementation. If implementation is recommended and the city does not proceed, a five hundred dollar per intersection approach cost will be levied by the company. The contract was reviewed by Mr. Park of Ogden Murphy Wallace P.L.L.C. Fiscal Impact Attachments Link: Red Light Cameras Form Routing/Status Route Seq Inbox Approved By Date Status 1 City Clerk Sandy Chase 04/03/2008 12:23 PM APRV 2 Mayor Gary Haakenson 04/03/2008 12:28 PM APRV 3 Final Approval Sandy Chase 04/03/2008 12:30 PM APRV Packet Page 58 of 63 Form Started By: Gerry Gannon  Started On: 04/03/2008 09:48 AM Final Approval Date: 04/03/2008 Packet Page 59 of 63 Vims Intersection Safety Analysis Service Agreement WHEREAS the City of Edmonds, Washington (City) operates traffic signals at various high traffic intersections within the City; and WHEREAS the City believes that a significant number of motorists violate traffic laws and run red lights; and WHEREAS the City wishes to quantify the extent of red light running in the City as a first step to develop city-wide education and enforcement strategies designed to increase the safety for motorists and pedestrians; and WHEREAS based on the positive safety results achieved by many other similar cities and towns in the US, the City believes that the implementation and operation of a photo-traffic enforcement program will effectively increase voluntary compliance of traffic laws and result in a cost effective means to reduce dangerous red light running within the City. NOW THEREFORE: 1. As a first step, the City hereby contracts with American Traffic Solutions, Inc. (ATS) to provide technical assistance to assess violation rates and resulting public safety hazards at intersections and traffic approaches selected by the City. 2. ATS will provide an intersection monitoring and violation assessment analysis using data gathered by its Axis™ VIMS (Violation Incident Monitoring System). ATS, with the cooperation of city traffic engineering, will install the VIMS unit at each of the selected approaches for an 8-hour period, or longer if required in order to accurately determine driver behavior and violation rates. The VIMS system will record the beginning period of each red light signal phase and capture video images of potential violations during each red light sequence. The video images will be reviewed by ATS staff, who will compile violation data for the Assessment Report. All recordings and copies thereof shall be properties of ATS, and ATS only. ATS will destroy all recordings and copies thereof upon the satisfactory acceptance of the Assessment Report by the City. The VIMS Service provides the City numerical documentation to assess and quantify the red light running and public safety problem at each of the monitored intersection(s). The city will pay for all city permits for the VIMS study. 3. The intersection approaches to be analyzed are indicated on Exhibit “1” attached hereto. {BFP691266.DOC;1/00006.900000/} Packet Page 60 of 63 4. A finding of at least eight to ten (8 to 10) red light running violations per day per monitored approach, along with a positive installation analysis, shall confirm the public safety hazard and warrant the need for installation of a red light photo safety cameras at that intersection approach. 5. RESULTS DISPOSITION: A. If the analysis of the intersections does not indicate a red light running problem, there shall be no charge for the service; B. If the analysis indicates that the monitored approaches pose a red light running problem, the City agrees that red light photo safety camera systems should be implemented and that the City shall work in good faith with ATS to implement a program of at least two (2) approaches. C. If the City completes an agreement with ATS, there shall be no charge for the VIMS analysis; or D. If the City elects not to implement a red light photo safety program with ATS, even though the data indicates that at least two intersections meet the minimum standards, the City shall pay ATS $500 per day per approach monitored by the VIMS system. 6. Ownership and use of documents. All research, tests, surveys, preliminary data and any and all other work product prepared or gathered by ATS in preparation for the services rendered by ATS under this Agreement shall be and are the property of ATS and shall not be considered public records, provided, however, that: A. Final Document. All final reports, presentations and testimony prepared by ATS shall become 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 ATS, copy any work product. 7. Hold harmless agreement. In performing the work under this contract, ATS 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 work performed under the terms hereof, caused by tortuous or illegal conduct by ATS, its agent, employees, representatives or subcontractors. ATS specifically promises to indemnify the City against claims or suits brought under Title 51 RCW by its employees or subcontractors {BFP691266.DOC;1/00006.900000/} Packet Page 61 of 63 and waives any immunity that ATS may have under that title with respect to, but only to, the City. ATS 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. The provisions of this paragraph shall prevail over any other conflicting provision in this Agreement; however they shall not apply to damages or claims resulting from the sole negligence of the City. 8. ATS is an independent Contractor. The Parties intend that an independent Contractor relationship will be created by this Agreement. No agent, employee or representative of ATS shall be deemed to be an agent, employee or representative of the City for any purpose. ATS shall be solely responsible for all acts of its agents, employees, representatives and subcontractors during the performance of this contract. 9. Standard of care. ATS represents that ATS has the necessary knowledge, skill and experience to perform services required by this Agreement. ATS and any persons employed by ATS 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 herein. 10. Supervision of employees. ATS is responsible for the direct supervision of its employees, and a supervisor shall be available at all reasonable times to confer with the City in regards to services. ATS commits that its services will be performed by careful and efficient employees trained in the best practice and highest standards imposed by ATS. ATS 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. 11. Compliance with laws. ATS 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. 12. Termination. This agreement may be terminated with or without cause by the City at any time during the term of the agreement by written notice from the City to ATS. If City so terminates this Agreement, ATS shall immediately stop all work herein and shall immediately cause its suppliers or subcontractors to cease work. Unless the termination is for cause, the City shall determine and pay to ATS for the work performed as set forth in provision 5(D). 13. Entire Agreement and Venue. This agreement contains the entire agreement and understanding between the parties relating to the rights and obligations created hereby, and supersedes all prior and contemporaneous negotiations, understandings, and agreements, written or oral, between the parties. Any prior discussions or understandings are deemed merged with the provisions herein. This agreement shall not be amended, assigned or otherwise changed or transferred except in writing with the express written consent of the parties hereto. Any action to interpret or enforce this agreement shall be {BFP691266.DOC;1/00006.900000/} Packet Page 62 of 63 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. 14. 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. AGREED to this _______ day of _____________, 2008. CITY OF EDMONDS 121 – 5th Ave. North Edmonds, WA 98020 Mayor Gary Haakenson ATTEST/AUTHENTICATED: By: Sandra S. Chase, City Clerk APPROVED AS TO FORM: By: W. Scott Snyder, City Attorney AMERICAN TRAFFIC SOLUTIONS, INC. 14861 N. Scottsdale Road, Suite 100 Scottsdale AZ 85254 Print Name: Its: {BFP691266.DOC;1/00006.900000/} Packet Page 63 of 63