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HomeMy WebLinkAbout09-24-2007 - Agenda PacketMEDINA, WASHINGTON www.medina-wa.gov CITY COUNCIL AGENDA MEDINA CITY HALL COUNCIL CHAMBERS SEPTEMBER 24, 2007 7:00 PM MAYOR MILES ADAM DEPUTY MAYOR BOB RUDOLPH COUNCIL MEMBERS LUCIUS BIGLOW DREW BLAZEY JIM LAWRENCE KATIE PHELPS PETE VALL-SPINOSA CALL TO ORDER ROLL CALL APPROVAL OF MEETING AGENDA CITY MANAGER MARK F. WEINBERG CITY ATTORNEY WAYNE TANAKA CITY CLERK RACHELBAKER 7:00 PM PUBLIC COMMENTS Persons wishing to address the City Council on Agenda items (except public hearings) or non -agenda items related to City business may do so at this time. Those who have service requests or complaints are asked to first bring such matters to the City Manager for prompt attention and resolution. (Three -minutes per person.) REMARKS AND ANNOUNCEMENTS A. Mayor B. Council C. Staff PRESENTATIONS (90 minutes) P-1: WSDOT SR-520 Bridge and HOV Project Presentation: "SR-520 Eastside Corridor Design Concepts" CONSENT AGENDA These items will be acted upon as a whole unless called upon by a Council Member. CA-1: Building Code Updates Recommendation: It is recommended that the Mayor and Council approve the attached Ordinance amending chapter 15.04 of the MMC relating to the state building code, adopting state building code provisions and amendments thereto; amending sections 2.78.070 and 14.04.070 to remove references to the uniform building code; repealing section 17.84.050 pertaining to fencing; and establishing effective date. Medina City Hall • 501 Evergreen Point Road . Medina WA 98039 425-233-6400 ph + 425-454-8490 fx • www.medina-wa.gov (Consent Agenda cont.) CA-2: Homeland Security Subgrant Award and Budget Amendment Recommendation: It is recommended that the Mayor and Council: 1) Authorize the City Manager to execute the attached Homeland Security Subgrant Agreements with the King County Office of Emergency Management in the amount of $126,873.96, and 2) Approve the attached Ordinance amending the FY 2007 Budget to accept the above grant funds and authorize the expenditure of these funds for the purposes specified in the grant awards. PUBLIC HEARINGS PH-1: Comcast Cable Franchise Agreement Recommendation: it is recommended that the Mayor and Council Members: 1) Introduce the attached ordinance repealing Ordinance 795 and enacting new cable system regulations; and 2) Introduce the attached ordinance granting a non-exclusive cable television franchise to Comcast and authorizing the City Manager to enter into a 5-year Franchise Agreement. OTHER BUSINESS REPORTS — CITY MANAGER CM-1: 2008 Preliminary Budget Recommendation: Review, discuss and provide direction, where necessary. CM-2: Agenda Calendar NEW BUSINESS COUNCIL INITIATIVES CIA: Initiative by Mayor Adam Re: Process for Evaluating City Manager Performance Recommendation: Discuss performance review tools, schedule and procedure. EXECUTIVE SESSION The City Council will convene in closed session to hold discussions regarding: ES-1: Lease negotiations pursuant to RCW 42.30.110 (1) (b). ADJOURNMENT 10:00 PM Next meeting: Monday, October 8, 2007; 7:00 pm Medina City Council September 24, 2007 Page 2 of 2 CA - 1 City of Medina AGENDA STATEMENT AGENDA ITEM TITLE: MEETING DATE: DATE THIS ITEM WAS LAST CONSIDERED BY COUNCIL: Building Code Update September 24, 2007 June 11, 2007 SUMMARY OF ISSUE/TOPIC: This item represents an alternative procedure to adopting the updated State Building Code. COMMISSION RECOMMENDATION: ❑ APPROVE ❑ DISAPPROVE ❑ SEE COMMENTS ® N/A CITY MANAGER: M APPROVE ❑ DISAPPROVE ❑ SEE COMMENTS ❑ N/A COMMENTS: This topic is returning to the City Council because the State Building Code Council changed the procedure for local adoption of the State Building Code when local amendments are involved. As a result, a new ordinance is required that clarifies the two stages of adoption for the City. The first stage is to immediately adopt the updated state building code along with all non -substantive local amendments and the previously - adopted fire sprinkler amendment. This is done in Section 2 of the attached ordinance. The second stage is to adopt the newly -proposed fire sprinkler local amendment if and when the State Building Code Council approves it. This is done in Section 3 of the attached ordinance. This two - stage process for implementing the ordinance is reiterated in Section 7. Also in response to the State Building Code Council, a set of findings in support of the new local amendment for fire sprinklers are included (Section 4 of the ordinance.) ❑ No Action Requested ® Action Requested ATTACHMENTS: Draft Ordinance. BUDGET/FISCAL IMPACT: EXPENDITURE REQUIRED: $0 ❑ BUDGETED ❑ NON -BUDGETED FUND: ❑ ® N/A RECOMMENDED MOTION: (ADOPT/APPROVE/AUTHORIZE) 1. 1 move to adopt the draft ordinance prepared by staff. If Council Members have questions, you are urged to call the staff person who prepared this agenda statement prior to the council meeting. P:12007 Agenda Packets10924200MA-1, building code update, cover form.doc CA -la ORDINANCE NO. AN ORDINANCE OF THE CITY OF MEDINA AMENDING CHAPTER 15.04 OF THE MEDINA MUNICIPAL CODE RELATING TO THE STATE BUILDING CODE, ADOPTING STATE BUILDING CODE PROVISIONS AND AMENDMENTS THERETO; AMENDING SECTIONS 2.78.070 AND 14.04.070 TO REMOVE REFERENCES TO THE UNIFORM BUILDING CODE; REPEALING SECTION 17.84.050 PERTAINING TO FENCING; AND ESTABLISHING EFFECTIVE DATE. WHEREAS, pursuant to RCW 19.27.031, the City is required to adopt the provisions of the State Building Code; and WHEREAS, recent amendments to the State Building Code became effective July 1, 2007; and WHEREAS, the City wishes to adopt the amendments to the State Building Code, along with other building -related code provisions; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MEDINA, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. Previous City Council Action Repealed. On June 11, 2007 the Medina City Council adopted the State Building Code as updated with the 2006 editions of the building - related codes that are published by the International Code Council (ICC). The City Council simultaneously adopted a new set of local amendments to the State Building Code. These included administrative amendments and one substantive amendment relating to fire sprinklers. The entire ordinance was to have a delayed effective date. It was to become effective upon the State Building Code Council's review and approval of the local amendments. Upon consultation with the State Building Code Council, an alternative adoption process is being undertaken by the City at this time as reflected in Sections 2, 3 and 4 of this ordinance. Therefore, the ordinance passed by the City Council on June 11, 2007 is hereby repealed. Section 2. Updated State Building Code Adopted with Previously — Adopted Amendment for Fire Sprinklers. [All Section 2A. State Building Code. Section 15.04.010 of the Medina Municipal Code is hereby amended to read as follows: 15.04.010 State building code adopted. All construction activity and construction materials in the city shall be governed by the State Building Code as adopted in Chapter 96, Laws of 1974, as updated by the State Building Code Council on November 17, 2006, to include the 2006 editions of the International Code Council (ICC) building, mechanical, and fire codes, and the 2006 edition of the Uniform Plumbing Code and the Uniform Plumbing Code Standards, published by the International Association Ordinance No. CA —1 a of Plumbing and Mechanical Officials (IAPMO). Also adopted are the most current editions of NFPA 54 and 58 (International Fuel Gas Code). All codes referenced in this State legislation are hereby adopted by reference and included as if set forth herein in their entirety. This adoption shall include all other related codes, standards, and amendments to the referenced codes promulgated by the State Building Code Council. Section 2B. International Building Code - Section 101.2, Exception 1, Amended. Section 15.04.015 of the Medina Municipal Code is hereby repealed in its entirety. Section 2C. International Residential Code - Appendix G. Subsection 15.04.020.13 of the Medina Municipal Code is hereby amended to read as follows: B. Appendix G, as may be amended from time to time, of the International Residential Code is hereby adopted by reference and included as if set forth herein in its entirety. All administrative and enforcement provisions of the IRC shall apply to Appendix G in the same manner that they apply to other elements of the IRC. Section 2D. Certificate of Occupancy. A new Section 15.04.042 is hereby added to the Medina Municipal Code to read as follows: 15.04.042 Certificate of Occupancy. When a series of related permits, such as grading, drainage, tree mitigation, swimming pool, fencing, or permits for separate accessory buildings, are issued in conjunction with a building permit for the renovation, reconstruction, or new construction of a residence, the Certificate of Occupancy for the residence shall not be issued until all regulated work under all related permits and all work included in the scope of work identified in the City's Construction Mitigation review has been completed, inspected, and approved. Section 2E. Temporary Certificate of Occupancy. A new Section 15.04.043 is hereby added to the Medina Municipal Code to read as follows: 15.04.043 Temporary Certificate of Occupancy. When there are one or more unapproved revisions or additions to the scope of work, or when the work remaining to be completed on any project is substantial, as determined by the Building Official, or when the work on the residence, or on any related permits, has stopped or has been suspended for any reason for a period of at least 180 days, the Building Official may require the owner to post a performance bond with the City prior to issuing a Temporary Certificate of Occupancy. The amount of the bond shall be determined by the scope and the nature of the unfinished work. The performance bond shall be in the form of a cash deposit or a set -aside agreement with the institution funding the project. Ordinance No. 2 CA —1 a Section 2F. Relationship of International Building Code and International Residential Code. A new Section 15.04.015 is hereby added to the Medina Municipal Code to read as follows: 15.04.015 International Building Code — Section 101.2, Exception 1, amended. Exception 1 of Section 101.2 of the International Building Code is hereby amended to read as follows: 1. New and reconstructed detached one and two-family dwellings not more than three stories in height or 3,000 square feet or less in area, and additions or remodel activity that does not exceed 25% of the value of the existing structure may be constructed using the provisions of the International Residential Code (IRC), as amended by the State Building Code Council. All buildings and additions to buildings constructed under the IRC shall comply with the code provisions in the International Fire Code, the State Energy Code, the State Ventilation and Indoor Air Quality Code, and the Uniform Plumbing Code and Standards. Section 2G. Handrail Exemption. Section 15.04.050 of the Medina Municipal Code is hereby repealed in its entirety. Section 2H. Fencin2 Section 17.84.050 of the Medina Municipal Code is hereby repealed in its entirety. Section 2I. Hearing Examiner Duties. Subsection 2.78.070.A of the Medina Municipal Code is hereby amended to read as follows: A. Appeals of administrative decisions/determinations, including but not limited to SEPA determinations, lot line adjustments, short subdivisions, administrative interpretations, code enforcement and any other decisions affecting a landowner's ability to develop property within the city; Section 2J. Administrative Processing, Appeals. Subsection 14.04.070.A of the Medina Municipal Code is hereby amended to read as follows: A. The following project permit applications are processed administratively by the city. Any person aggrieved by an administrative decision granting, denying, modifying or limited a project permit application may appeal such decision to the hearing examiner. 1. Building permits; 2. Administrative variances; 3. Lot line adjustments; 4. Short plats; 5. Grading and drainage permits; and 6. Mechanical permits. Ordinance No. 3 Section 3. Previously -Adopted Local Amendment for Fire Sprinklers to Be Replaced with New Local Amendment for Fire Sprinklers in Future. A new Section 15.04.044 is hereby added to the Medina Municipal Code to read as follows: 15.04.044 International Residential Code - Fire Sprinklers. A new Section R328 is hereby added to the International Residential Code to read as follows: R328 Fire Sprinklers. R328.1 General. All new residences and all residences that are modified by an addition or a renovation and such addition or renovation constitutes reconstruction as defined in MMC 17.12.010 shall have fire sprinklers installed throughout. Exception: New residences that are less than 4,500 square feet in total floor area, or existing residences that are added to or renovated, regardless of designation as reconstruction, provided the access, fire flow, and hydrant location are determined to be adequate and approved by the Fire Marshal. R328.2 Automatic fire sprinkler systems in one -and two-family dwellings shall be installed throughout, including an attached garage, in accordance with NFPA 13R or 13D, as amended by the City of Bellevue Fire Marshal. R328.3 All water supply, hose connections, monitoring devices, fire department connections, and fire department access for fire sprinklers shall be installed in accordance with the requirements of the City of Bellevue Fire Department. Section 4. (Not Codified) City Council Adopts Findings in Support of Proposed New Local Amendement for Fire Sprinkers. The City Council, upon considering the issue, adopts the following findings as justification for the requested change set forth in Section 3, above. This Section 4 shall not be codified: A. The water purveyor for the City of Medina is the Bellevue Water Utility. The City of Bellevue's Water Comprehensive Plan sets forth a goal of providing a minimum of 1,000 gallons per minute (gpm) of fire flow throughout the distribution system. B. The existing water distribution system within the City of Medina was installed in the 1950's & 1960's, and was sized to meet the fire protection and domestic service requirements at that time. C. The existing water distribution system within the City of Medina is capable of delivering fire flow in the range of 2-3,000 gpm on NE 12`r' Street, on NE 24f Street, and in several short, isolated segments of the water line that are served by mains in two directions. The balance of the available fire flow ranges from 400 to 1800 gpm. D. The total number of permits for new residences in the last three years was 56 units. Based on a random sampling of 16 new residences permitted in this time frame, the average new home has 5,552 square feet of floor space. This is based on a range of 3,875 sf to 7,250 sf. Ordinance No. CA— la E. Table B 105.1 of the International Fire Code, as adopted by the City of Medina, requires a minimum of 1,500 gpm fire flow for new residences with a floor area equal to or less than 3,600 sf. This fire flow requirement increases in steps, so that a residence with more than 6,000 sf would require a minimum of 2,250 gpm. F. Because of the limited fire flow available, and the large size of the houses being constructed, 8 1 % of the houses sampled were required to install fire sprinklers because the fire flow was not adequate to serve the area of the house. The balance of the houses were required to install fire sprinklers because of the code amendment adopted when the 2003 editions of the International Codes were adopted. G. The City Council of the City of Medina adopted an amendment to the International Codes in June of 2004 to regulate the construction of new residences of 3,000 sf and larger under the International Building Code, which automatically made fire sprinklers a requirement in virtually all new residences. The Building Code Council approved this amendment. H. The preponderance of large new homes in relation to the low available fire flow indicates a need for fire sprinklers to improve the fire fighting capability that is unique to the City of Medina. I. The proposed amendment to require fire sprinklers in new single family residences that are built with more than 4,500 sf of floor area is deemed necessary by the City Council, and is more restrictive than the original language in the International Residential Code. This amendment would replace the 2004 amendment, and provide a more direct and obvious requirement. Section 5. Copies on File. Pursuant to RCW 35A.12.140, one copy of the above - referenced codes shall be on file in the office of the Building Department for use and examination by the public. Section 6. 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 7. Effective Date. All sections of this ordinance except for Section 3 shall be in full force 5 days after publication of a legal notice. Section 3 shall be in full force after its approval by the Building Code Council of the State of Washington. Upon Section 3 being effective, then Section 15.04.015 shall be repealed[A2]. PASSED by the City Council and APPROVED by the Mayor of the City of Medina, Washington, at a regular meeting thereof held this 24 day of September, 2007. CITY OF MEDINA, WASHINGTON Miles R. Adam, Mayor Ordinance No. CA— la ATTEST: City Clerk, Rachel Baker APPROVED AS TO FORM: OFFICE OF CITY ATTORNEY Wayne D. Tanaka, City Attorney Passed: Published: Effective Date: Ordinance No. 6 CA —1 a SUMMARY OF ORDINANCE NO. _ of the City of Medina, Washington On , 2007, the City Council of the City of Medina, Washington, adopted Ordinance No. , the main points of which are summarized by its title as follows: AN ORDINANCE OF THE CITY OF MEDINA AMENDING CHAPTER 15.04 OF THE MEDINA MUNICIPAL CODE RELATING TO THE STATE BUILDING CODE, ADOPTING STATE BUILDING CODE PROVISIONS AND AMENDMENTS THERETO; AMENDING SECTIONS 2.78.070 AND 14.04.070 TO REMOVE REFERENCES TO THE UNIFORM BUILDING CODE; REPEALING SECTION 17.84.050 PERTAINING TO FENCING; AND ESTABLISHING EFFECTIVE DATE. The full text of this ordinance will be mailed upon request. APPROVED by the City Council at their meeting of , 2007. Rachel Baker, City Clerk Ordinance No. 7 CITY OF MEDINA Office of the City Manager Date: September 24, 2007 TO: MAYOR AND COUNCIL MEMBERS FROM: CITY MANAGER SUBJECT: AWARD OF KING COUNTY EMERGENCY MANAGEMENT GRANT FUNDS RECOMMENDATION: It is recommended that the City Council: 1) Authorize the City Manager to execute the attached Homeland Security Subgrant Agreement, as amended, with the City of Medina in the amount of $126,873.96. 2) Approve the attached Ordinance amending the FY 2007 Budget to accept the above grant funds and authorize the expenditure of these funds for the purposes specified in the grant awards. The King County office of Emergency Management (KCOEM) serves as a conduit for the distribution of various Federal and State Homeland Security Grant funds to local governments. In any given grant cycle unexpended funds may become available for reallocation. In mid- summer, the Medina Police Chief, among others, was contacted by KCOEM and asked to submit a proposal for approximately $127,000 in unexpended program grant funds. A stringent requirement to receive the funds was the ability to complete the project activities and to fully expend the monies prior to their expiration September 30, 2007. DISCUSSION: The City of Medina submitted requests for Homeland Security Subgrant Funds to the King County Office of Emergency Management, which were approved in the amount of $126,873.96 for advancements to the City's Command Van communications systems. Specifically, improvements were made to the interoperable communications capability and included the purchase and installation of: transmitting tower and antenna, satellite equipment, intercoms, video displays, computer hardware and software, and power supply and management tools. Given the urgency of applying for and accepting the award, and completing project activity, the City Manager pre -approved the receipt of project scope and authorized work to be completed. In doing so, the City becomes the beneficiary of $126,873.96 in Homeland Security funding which otherwise would have reverted to the Federal government. There are no match funds required on the part of the City, nor onerous conditions accompanying award of the equipment. The improvements to the City's Command Van, which is a valuable regional law enforcement resource (last used a couple of weeks ago during President Bush's visit to the area), are profound. Approval of the recommendations above will permit the City to formally execute the grant award, to receive the funds and promptly pay for work already completed on the coach. CITY OF MEDINA ORDINANCE NO. XXX AN ORDINANCE AMENDING ORDINANCE NO 799, dated December 11, 2006, the 2007 BUDGET FOR THE CITY OF MEDINA, WASHINGTON. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MEDINA, WASHINGTON, DO ORDAIN AS FOLLOWS: SECTION 1. The following Budget Amendment E is made to the 2007 Budget for the City of Medina. Budaet Amendment E: FUND AMOUNT DESCRIPTION General Fund $116,841 To include a Grant from the King County Office of Emergency Management for improvements of the Mobile Command Vehicle communications and technology improvements. Income: 001.000.000.331.17.20.11 Expenditure: 001.000.000.525.60.64.11 $10,033 To include a Grant from Homeland Security to purchase additional equipment for the Mobile Command Vehicle. Income: 001.000.000.331.17.20.11 Expenditure: 001.000.000.525.60.64.11 Total Budget Amendment E $126,874 Ordinance No. - 1 - SECTION 2. The City Manager is authorized to make any transfers necessary to carry out the terms of this ordinance. SECTION 3. Effective Date This ordinance shall take effect five (5) days after its publication or the publication of a summary of its intent and contents. PASSED BY AT LEAST ONE MORE THAN A MAJORITY OF THE CITY COUNCIL ON THIS 241h DAY OF SEPTEMBER 2007, AND SIGNED IN AUTHENTICATION OF ITS PASSAGE THE 24th DAY OF SEPTEMBER 2007. Miles R. Adam, Mayor Approved as to form: Wayne D. Tanaka, City Attorney Attest: Rachel Baker, City Clerk Passed: Published: Effective Date: Ordinance No. 2 SUMMARY OF ORDINANCE NO. XXX of the City of Medina, Washington On September 24, 2007, the City Council of the City of Medina, Washington, adopted Ordinance No. XXX, the main points of which are summarized by its title as follows: AN ORDINANCE AMENDING ORDINANCE NO. 799, 2007 BUDGET FOR THE CITY OF MEDINA, WASHINGTON. The full text of this ordinance will be mailed upon request. APPROVED by the City Council at their meeting of September 24, 2007. Rachel Baker, City Clerk Ordinance No. 3 FFY04-LETPP-003 King County Office of Emergency Management HOMELAND SECURITY SUBGRANT AGREEMENT FOR OTHER KING COUNTY AGENCIES Project Title: Mobile Command Vehicle - Enhancements THIS AGREEMENT is made and entered into by and between King County Office of Emergency Management, hereinafter "KCOEM", and the City of Medina, hereinafter "Subgrantee", for the express purposes set forth in the following provisions of this Agreement. It is understood that funding for this Agreement has been granted to KCOEM by the United States Department of Homeland Security through the Washington State Patrol. The funding source of the grant is the FFY04 Law Enforcement Terrorism Prevention Program, Catalog of Federal Domestic Assistance (CFDA) #97.004, State Contract #C080148FED. NOW THEREFORE, KCOEM and the Subgrantee mutually agree as follows: 1. SCOPE OF WORK AND BUDGET The Subgrantee will accomplish the work and tasks as set forth in this Agreement and the Scope of Work, Project Timeline, and Deliverables (attached hereto as Exhibit A) and Budget and Approved Equipment List (Exhibit B). 2. PERIOD OF PERFORMANCE Subject to other Agreement provisions, the period of performance under this Agreement will be from January 1, 2007 to September 30, 2007. All work must be satisfactorily completed, and all invoices, reports, and deliverables must be submitted, by the end of this Period of Performance. 3. CONTRACT REPRESENTATIVES KCOEM's Project Manager on this Agreement shall be Alec Chapman. The Project Manager shall be responsible for monitoring the performance of the Subgrantee, the approval of actions by the Subgrantee, approval for payment of billings and expenses submitted by the Subgrantee, and the acceptance of any reports by the Subgrantee. The Subgrantee's representative to this Agreement shall be Kris Finnigan, Emergency Preparedness Coordinator, who will be the contact person for all communications regarding the conduct of work under this Agreement and who will ensure that all terms of the Agreement are met. Any notice required or permitted under this Agreement shall be deemed sufficiently given or served if sent to KCOEM or the Subgrantee at the addresses provided on the next page: If to KCOEM: Alec Chapman King County Office of Emergency Management 3511 NE 2"d Street Renton, WA 98056 1 of 34 FFY04-LETPP-003 206-205-4069 alec.chapman@kingcounty.gov If to the Subgrantee: Kris Finnigan City of Medina 501 Evergreen Point Road Medina, WA 98039-0144 425-233-6429 kfinnigan@medina-wa.gov 4. REIMBURSEMENT REQUESTS AND PAYMENT This is a reimbursement contract not exceed $116,841.00 (One hundred sixteen thousand eight hundred forty one dollars and zero cents) with compensation payable to the Subgrantee for satisfactory performance of the work under this Agreement. Payment for satisfactory performance of the work shall not exceed this amount unless the parties mutually agree in writing to a higher amount prior to the commencement of any work, which will cause the maximum payment to be exceeded. Compensation for satisfactory work performance shall be payable upon receipt of a properly completed Invoice and Progress Report Form, which will be provided to the Subgrantee subsequent to execution of this Agreement. Invoices for costs incurred to date may be submitted monthly or quarterly. Supporting documentation is required for reimbursement of all expenses related to the Scope of Work and Budget in Exhibits A and B. Supporting documentation includes, but is not limited to, paid invoices to vendors, paid expense claim forms, canceled checks, etc. The documentation must also include the date of payment by the Subgrantee to ensure that the work was completed within the subgrant period of performance. Payment shall be considered timely if mailed by KCOEM to the Subgrantee within thirty (30) calendar days after receipt of properly completed invoices. Payment shall be sent to the address designated by the Subgrantee on the invoice form. KCOEM may, at its sole discretion, withhold payments claimed by the Subgrantee for services rendered if KCOEM has determined that the Subgrantee has failed to satisfactorily comply with any term or condition of this Agreement. KCOEM does not incur liability for any payment to the Subgrantee that is subsequently disallowed by State or Federal granting agencies. KCOEM reserves the right to withhold or recoup payment, for work or activities determined by funding agencies to be ineligible for reimbursement. 5. REPORTING REQUIREMENTS Each request for reimbursement, whether submitted monthly or quarterly, will be accompanied by a narrative progress report. Reports must include the Subgrantee's progress in implementing the scope of work, including any problems encountered and possible cost overruns or underruns. Narrative progress reports may be filled out on the Invoice and Progress Report Form or as a separate attachment to the invoice form. 2 of 34 FFY04-LETPP-003 6. RECORDS MAINTENANCE The Subgrantee shall maintain accounts and records, including personnel, financial, and programmatic records, and other such records as may be deemed necessary by KCOEM, to ensure proper accounting for all project funds and compliance with this Agreement. All such records shall sufficiently and properly reflect all direct and indirect costs of any nature expended and service provided in the performance of this Agreement. These records shall be maintained for a period of six (6) years after subgrant close-out, and shall be subject to inspection, review or audit by KCOEM and/or by State or Federal officials as so authorized by law. 7. SINGLE AUDIT ACT REQUIREMENTS Non-federal entities receiving financial assistance of $500,000 or more in Federal funds from all sources, direct and indirect, are required to have a single or a program -specific audit conducted in accordance with the U.S. Office of Management and Budget (OMB) (Revised June 27, 2003) Circular A-133-Audits of States, Local Governments, and Non -Profit Organizations. Non-federal entities that spend less than $500,000 a year in Federal awards are exempt from Federal audit requirements for that year, except as noted in Circular No. A-133. Entities required to have an audit must ensure the audit is performed in accordance with Generally Accepted Auditing Standards (GARS), Government Auditing Standards (the Revised Yellow Book) developed by the Comptroller General and the OMB Compliance Supplement. The Subgrantee has the responsibility of notifying the State Auditor's Office and requesting an audit, if required. The Subgrantee shall maintain its records and accounts so as to facilitate the audit requirement and shall ensure that any subrecipients or subcontractors also maintain auditable records. The Subgrantee must send a letter stating there has been a single audit completed and there were no findings or if there were findings, the letter should provide a list of the findings. In addition to sending a copy of the audit, the Subgrantee must include a corrective action plan for any audit findings and a copy of the management letter if one was received. The Subgrantee must send this letter to KCOEM no later than nine (9) months after the end of the Subgrantee's fiscal year(s). 8. COMPLIANCE WITH APPLICABLE LAWS The Subgrantee shall be responsible for following all applicable Federal, State and local laws, ordinances, rules and regulations in the performance of work described herein. The Subgrantee assures that its procedures are consistent with laws relating to public contracting and competitive selection procedures. The SUBGRANTEE shall comply with OMB Circular A-87, Cost Principles for State, Local, and Indian Tribal Governments; OMB A-102, Grants and Cooperative Agreements with State and Local Governments; and A-133, Audits of States, Local Governments, and Non -Profit Organizations. During the performance of this Agreement, neither the Subgrantee nor any party subcontracting under the authority of this Agreement shall discriminate on the basis of race, color, sex, religion, nationality, creed, marital status, sexual orientation, age, or presence of any sensory, mental, or physical handicap in the employment or application for employment or in the administration or 3 of 34 FFY04-LETPP-003 delivery of or access to services or any other benefits under this Agreement as defined by King County Code, Chapter 12.16. During the performance of this Agreement, neither the Subgrantee nor any party subcontracting under the authority of this Agreement shall engage in unfair employment practices as defined by King County Code, Chapter 12.17 or 12.18. The Subgrantee shall comply fully with all applicable Federal, State and local laws, ordinances, executive orders and regulations that prohibit such discrimination. These laws include, but are not limited to, RCW Chapter 49.60 and Titles VI and VII of the Civil Rights Act of 1964. 9. AMENDMENTS This Agreement may be amended only by written concurrence of both parties. Amendments to Scope of Work will only be approved if the proposed amendment is consistent with State and Federal granting agency rules. Up to ten percent (10%) of the total award amount may be shifted between approved budget object codes as contained in Exhibit B. For amounts over ten percent (10%), the SUBGRANTEE must submit a written budget amendment request for approval. Such requests will only be approved if the proposed change(s) is (are) consistent with and/or achieves the goals stated in the Scope of Work and falls within the grant requirements. 10. TERMINATION This Agreement may be terminated by KCOEM, in whole or in part, for convenience without cause prior to the end of the Period of Performance, upon thirty (30) calendar days advance written notice. This Agreement may be terminated by either party, in whole or in part, for cause prior to the end of the Period of Performance, upon thirty (30) calendar days advance written notice. Reasons for termination for cause may include but not be limited to: material issues of nonperformance, misuse of funds, and/or failure to provide grant -related invoices, reports, or any requested documentation. If the Agreement is terminated as provided above, KCOEM will be liable only for payment in accordance with the terms of this Agreement for satisfactory work completed prior to the effective date of termination. The Subgrantee shall be released from any obligation to provide further services pursuant to this Agreement. Nothing herein shall limit, waive, or extinguish any right or remedy provided by this Agreement or law that either party may have in the event that the obligations, terms and conditions set forth in this Agreement are breached by the other party. Funding under this Contract beyond the current appropriation year is conditional upon appropriation by the County Council of sufficient funds to support the activities described in this Contract. Should such an appropriation not be approved, this contract will terminate at the close of the current appropriation year. 11. ENTIRE CONTRACT/WAIVER OF DEFAULT This Agreement is the complete expression of the agreement of KCOEM and the Subgrantee hereto, and any oral or written representations or understandings not incorporated herein are excluded. Waiver of any default shall not be deemed to be a waiver of any subsequent default. Waiver of breach of any provision of this Agreement shall not be deemed to be waiver of any other 4of34 FFY04-LETPP-003 or subsequent breach and shall not be construed to be a modification of the terms of this Agreement unless stated to be such through written approval by KCOEM, which shall be attached to the original Agreement. 12. SEVERABILITY If any section, subsection, sentence, clause or phrase of this Agreement is, for any reason, found to be unconstitutional or otherwise invalid by a court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Agreement. 13. APPROVAL This Agreement shall be subject to the written approval of the KCOEM's authorized representative and shall not be binding until so approved. THIS AGREEMENT, consisting of 5 pages and 4 attachments, is executed by the persons signing below who warrant and represent that they have the authority to execute the Agreement. IN WITNESS WHEREOF this Agreement has been executed by each party on the date set forth below: CITY OF MEDINA POLICE DEPARTMENT CIM Name & Title Date KING COUNTY OFFICE OF EMERGENCY MANAGEMENT IM Jeff Bowers, Acting Director Date 5 of 34 FFY04-LETPP-003 EXHIBIT A• SCOPE OF WORK PROJECT TIMELINE AND BUDGET Project Title: Mobile Command Vehicle - Enhancements Direct Link to ODP Expenditure Guidelines: Allowable Equipment Costs found in section C on page 39 of LETPP application information: • Interoperable Communications • Information Technology • Power • Other Authorized Equipment Direct Link to Washington State Homeland Security Strategic Plan: GOAL 2.1: Promote Communications Interoperability Objective 2.1.5: Deploy interoperable equipment and sustain usage by state agencies and local governments by September 2011. SCOPE OF WORK - NARRATIVE 1. Provide a description of your project: The City of Medina's mobile command communications (MCC) vehicle is a shared, regional asset. Since 2004, the MCC has been built out through the use of UASI and LETPP funding. The project will be to provide enhancements to that vehicle which will significantly improve the capabilities of law enforcement in the detection and response to threats of any nature. One specific piece of equipment included in this project is a Willburt Mast, with an extension to 48 feet, with a payload of 200 lbs., improving the reception and range capabilities of the microwave downlink equipment from its present range considerably. 2. What is the purpose of the project? The purpose of the project is to advance law enforcement interoperability communications systems for the entire region, through collaborative efforts of terrorism prevention. 3. What problem does the project solve? The project will greatly enhance interoperability communications for regional response and mutual aid through information gathering, analysis and dissemination systems. 4. How does the project enhance local / regional homeland security and preparedness for CBRNE / Terrorist / WMD incidents? The mobile command communications vehicle and its equipments' abilities enhance local/regional homeland security and preparedness for CBRNE/Terrorist/WMD incidents through shared information and regional collaboration. 5. What activities need to be completed to finish the project? After expeditious approval is given, we can have the vendor/installers begin acquiring and installing the equipment. All of the equipment is readily available and will be put in place by September 2, 2007. 6. What are the tangible results and / or deliverables of the project? Tangible result will be that the systems of the project will be used to respond through mutual aid and protect infrastructure. 7. How will the grant funds be used to support this project? Grant funds will be used for the purchase and installation of equipment in support of interoperable communications. 6 of 34 FFY04-LETPP-003 PROJECT TIMELINE Activity Estimated Completion Date Order Equipment 07/01/2007 Receive Equipment 07/02/2007-09/30/2007 Project Installed and Complete. Submit Invoice, Hand Receipts and Close Out Report. 09/30/2007 7 of 34 FFY04-LETPP-003 EXHIBIT B: BUDGET This is a reimbursement grant PASS THROUGH BUDGET Category (planning, training, exercise, equipment): Equipment ITEM DESCRIPTION COST SALARIES & BENEFITS (Not for payment of overtime) EQUIPMENT (see next page for detailed listing) $116,841.00 TRAVEL AND PER DIEM GOODS AND SERVICES CONSULTANT FEES OTHER COSTS (Please specify.) TOTAL NOT TO EXCEED PROJECT COST OR AWARD AMOUNT $116,841.00 • 10% of total award amount may be shifted between approved budget object codes. • Final signed invoice voucher to be submitted with final performance report & deliverables - Invoices not to exceed total amount of contract award. 8 of 34 Fiscal Year 2004/2005/2006 Law Enforcement Terrorism Prevention Program Equipment Approval State: Washington Jurisdiction: Region Ming County Approval Date: 06/2 Request Date:O6/28 a — - a i �5 �;. r 11, 06CP-03-TOWR Systems, Antenna and Tower: Willburt reconditioned mast 8.5-48 heavy 1 $16,513.50 LE(1) 1 Interoperable Commun- duty, non locking, with model C-275 pneumatic air system, D-TEC II alarm, plus air valve, ications mounted in the location of the existing mast. The height difference is that the new mast will extend to 48 feet and have a payload of 200 Lbs (the existing small mast extends to 25 feet and has a maximum payload of 100 LBS). The recently added BMS downlink capability is about six miles with the original mast, doubling the mast height will significantly extend this range. The D-Tec alarm is a safety sensor that detects power lines & prevents the mast from being raised into power lines. 2 06CP-03-ICOM, Intercom: David Clark 3 headsets, Headset Model H3420, with Push To 1 $2,448.00 LE(1) Talk Adapter, for the driver and 2 passengers 3 06CC-04-EQSD, Equipment, Satellite Data: MotoSat Data Storm Model XF2-D3-7700- 1 $10,000.00 LE(1) 2W Mobile, VOIP capable, operates on KU band frequency. 4 06CC-04-SADS, Services, Satellite Data: Satellite Internet- Hughes Network. Monthly fee 1 $200.00 LE(1) (for duration of grant life only) depending on the service level $100/month. 5 06CP-02-BRDG Equipment, Bridging/Patching/Gateway: ACU-1000 expansion box 3 $8,645.00 LE(3) installed & connected to existing ACU-1000. Inc) 3 cards cards are $1,225 6 06CP-05-BRAC Bridge, Audio: Polycom Sound Station VTX 1000, Conference call phone 1 $979.99 LE(1) installed to the hone/PBXs stem. 7 Information 04HW-01-INHW, Hardware, Computer, Integrated: Video Matrix Switch, Extron MAV Plus 1 $2,100.00 LE(1) Technology 1616 AV16xl6 Composite Video and Stereo Audio Matrix Switcher B/C connectors, installed & connected to all equipment in vehicle with slide rails, to include Microwave feed, Pelco camera, SAT TV, Cable TV and other cameras that may be added to this project. Extron MAV Plus 1616 AV Composite Video & Stereo Audio Matrix Switcher are 16xl6 matrix switchers designed for applications requiring routing of composite video with or without stereo audio (balanced/ unbalanced) signals. 8 04MD-03-DISP Display, Video: 46 inch Samsung flat panel monitor LN-S4696D mounted 1 $2,400.00 LE(1) on the back wall of the vehicle for situational awareness by Command Staff & connected by video switch to display downlink, camera, TV etc. & related cables 9 04MD-03-DISP Display, Video: 19 inch Samsung LCD monitor, LN-T1953, 15 pin 1 $480.00 LE(1) compatible, with swivel arm connected to video switch and related cables 10 04HW-01-INHW, Hardware, Computer, Integrated: Dell Server, PowerEdge 860 with 1 GB 1 $3,623.00 LE(1) memory, 160 GB hard drive, with Windows 2003 Server operating system including rack mountinq rails. 11 04MD-01-IRED, Camera, Infrared (IR) : FLIR Thermovision Security HD PTZ50 with 1 $22,564.00 LE(1) accessories (joystick, cables etc.). The integrated high resolution Multi -Sensor camera system with integrated pan -tilt -zoom system features a powerful thermal imager, controlled by a computer or the integrated joystick display unit. Camera mounted to mast and routed throughout the vehicle via video switch. 12 04MD-01-VCAM Camera, Video: Tripod Camera w/PTZ, Pelco Spectra IV SE camera 1 $4,210.00 LE(1) (wired). Camera will be wired to DVR & video switch for viewing internally. 13 04MD-02-PROJ Projector, Video: Outdoor Monitor, Sunbrite 32" model 3210HD, all 1 $4,320.00 LE(1) weather LCD TV, mounted and connected internally and externally and connected to the Video switch stored internal) and related cables. 14 04HW-01-INHW, Hardware, Computer, Integrated: Mountable radio rack and associated 1 $1,000.00 LE(1) hardware for Marine, Aviation, Motorola 800 MHz radios. 15 04HW-01-INHW, Hardware, Computer, Integrated: Slide rails & related hardware for the 1 $600.00 LE(1) following equipment (already purchased and operational but not easily accessible/serviceable) DVR, Microwave/BMS receiver unit, and UPS. 16 04MD-03-DISP Display, Video: Samsung LN-T2653H 26" flat panel LCD monitor, 15 pin 1 $1,200.00 LE(1) compatible, mounted on the slide out, connected to the video switch and a junction box for a 15 pin connector. 17 Power 10PE-00-UPS Supply, Uninterruptible Power (UPS) : UPS rack mounted battery supply, 1 $2,000.00 LE(1) possible brand of APC or Tripp Lite (based upon procurement timeline), includes rails /bolts for installation and connected to all the equipment in the unit. 18 Other Authorized 21GN-00-INST, Installation, items 1 through 3 5 through 17 1 $30,614.35 21 21GN-00-SHIP, Shipping $350.89 22 21GN-00-STAX Sales tax onequipment $12,625.23 Jurisdiction Total:j $126,873.96 FFY04-LETPP-003 EXHIBIT Q DEPARTMENT OF HOMELAND SECURITY AND LAW ENFORCEMENT TERRORISM PREVENTION PROGRAM This Contract is funded by the Department of Homeland Security ("DHS") by and through its Law Enforcement Terrorism Prevention Program (LETPP). Neither the DHS, LETPPI nor the Federal Government shall be a parry to any subagreement nor to any solicitations or request for proposals. This Contract shall be subject to the applicable grant agreement between DHS and the State of Washington Military Department and the subgrant agreement between the County and the State of Washington Military Department. The Contractor agrees not to perform any act, fail to perform any act, or refuse to comply with any County requests that would cause the County to be in violation of the DHS terms and conditions provided below. Changes in Federal laws, Regulations, Policies and Administrative Practices New federal laws, regulations, policies and administrative practices may be established after the date this Contract is established and may apply to this Contract. To achieve compliance with changing federal requirements, the Contractor agrees to accept all changed requirements that apply to this Contract and require Subcontractors to comply with revised requirements as well, subject to the Contract Changes provisions of this Contract. 1-1 Federal Changes The Contractor agrees to comply with all applicable DHS and LETPP regulations, policies, procedures and directives, including without limitation, those listed directly or by reference in the grant and subgrant agreements relating to DHS and LETPP with the County, as they may be amended or promulgated from time to time during the term of this Contract. Contractor's failure to comply shall constitute a material breach of this Contract. 1-2 Compliance With Applicable Law The Contractor and all subcontractors shall comply with, and the DHS is not responsible for determining compliance with, any and all applicable federal, state, and local laws, regulations, and/or policies. This obligation includes, but is not limited to, nondiscrimination laws and/or policies; the Americans with Disabilities Act (42 USC Sec 12101, etseq); Ethics in Public Service (RCW 42.52); Covenant Against Contingent Fees (48 C.F.R. Sec. 52.203- 5); Public Disclosure (RCW 42.56); safety and health regulations. The provisions include, in part, certain standard terms and conditions required by the U.S. Department of Homeland Security, whether expressly set forth in the following Contract provisions. The Contractor shall comply with OMB Circular A-87, Cost Principles for State, Local, and Indian Tribal Governments; OMB A-102, Grants and Cooperative Agreements with State and Local Governments; and A-133, Audits of States, Local Governments, and Non -Profit Organizations. 1-3 No Federal Government Obligations to Third Parties The Contractor agrees that, notwithstanding any concurrence by the Federal Government in or approval of the solicitation or award of this Contract, absent the express written consent by the Federal Government, the Federal Government is not a party to this Contract and shall not be subject to any obligations or liabilities to the Contractor or any other party (whether or not a party to this Contract) pertaining to any matter resulting from this Contract. The above clause shall be included in each subcontract financed in whole or in part with Federal assistance provided by DHS. The clause shall not be modified, except to identify the Subcontractor who shall be subject to its provisions. 1-4 Equal Employment Opportunity During the performance of this Contract, the Contractor shall comply with all federal and state nondiscrimination statutes and regulations. These requirements include, but are not limited to: 11 of 34 FFY04-LETPP-003 a. Nondiscrimination in Employment: The Contractor shall not discriminate against any employee or applicant for employment because of race, color, sex, religion, national origin, creed, marital status, age, Vietnam era or disabled veterans status, or the presence of any sensory, mental, or physical handicap. This requirement does not apply, however, to a religious corporation, association, educational institution or society with respect to the employment of individuals of a particular religion to perform work connected with the carrying on by such corporation, association, educational institution or society of its activities. b. The Contractor shall take affirmative action to ensure that employees are employed and treated during employment without discrimination because of their race, color, religion, national origin, creed, marital status, age, Vietnam era or disabled veterans status, or the presence of any sensory, mental, or physical handicap. Such action shall include, but not be limited to, the following: Employment, upgrading, demotion, or transfer, recruitment, or recruitment selection for training, including apprenticeships and volunteers. Ref: Executive Order 11246, as amended by Executive Order 11375; Title VII of the Civil Rights Act, as amended, 42 USC § 2000e; section 4 of the Age Discrimination in Employment Act of 1967, as amended, 29 USC § 623; section 102 of the Americans with Disabilities Act, as amended, 42 USC §§ 12101 et seq.; 29 CFR Part 1630; 41 CFR § 60-1.4. 1-5 Title VI Compliance The Contractor shall comply with and shall ensure the compliance by all Subcontractors under this Contract with all the requirements imposed by Title VI of the Civil Rights Act of 1964 (42 USC § 2000d) The Federal Government and or the County has a right to seek judicial enforcement with regard to any matter arising under Title IV of the Civil Rights Act and implementing regulations. During the performance of this Contract, the Contractor, for itself, its assignees and successors -in - interest agrees as follows: A. Nondiscrimination The Contractor, with regard to the Work performed by it during the Contract, shall not discriminate on the grounds of race, color, creed, gender, disability, age or national origin in the selection and retention of Subcontractors. The Contractor shall not participate either directly or indirectly in the discrimination prohibited by Section 21.5 of the Regulations, including employment practices when the Contract covers a program set forth in Appendix B of the Regulations. Ref: 20 USC §§ 1681 et seq., Age Discrimination Act of 1975, as amended, 42 USC §§ 6101 et seq.; Section 504 of the Rehabilitation Act of 1973, as amended, 29 USC § 794, Americans with Disabilities Act of 1990 (ADA), as amended, 42 USC §§ 12101 et seq. B. Solicitations for Subcontracts Including Procurements of Materials and Equipment In all solicitations either by competitive proposal or negotiation made by the Contractor for Work to be performed under a subcontract each potential Subcontractor or supplier shall be notified by the Contractor of the Contractor's obligations under this Contract and the regulations relative to nondiscrimination on the grounds of race, color, creed, gender, disability, age or national origin. C. Information and Reports The Contractor shall Provide all information and reports required by the regulations or directives issued pursuant thereto and shall permit access to its books, records, accounts, other sources of information, and its facilities as may be determined to be pertinent to ascertain compliance with such regulations, orders and instructions. The Contractor shall maintain all required records for at least six (6) years after the County makes final payment and all other pending matters are closed. 12 of 34 FFY04-LETPP-003 D. Incorporation of Provisions The Contractor shall include the provisions of paragraphs A through D of this section in every subcontract, unless exempt by the regulations or directives issued pursuant thereto. The Contractor shall take such action with respect to any subcontract or procurement as the County or the DHS may direct as a means of enforcing such provisions, including sanctions for noncompliance. Provided, however, that, in the event the Contractor becomes involved in or is threatened with litigation with a Subcontractor or supplier as a result of such direction, the Contractor may request the County to enter into such litigation to protect the interests of the County, and in addition, the Contractor may request the United States to enter into such litigation to protect the interests of the United States. In accordance with section 102 of the Americans with Disabilities Act, as amended, 42 U.S.C. § 12112, the Contractor shall comply with the requirements of U.S. Equal Employment Opportunity Commission, "Regulations to Implement the Equal Employment Provisions of the Americans with Disabilities Act," 29 C.F.R. Part 1630, pertaining to employment of persons with disabilities. 1-6 Audit and Inspection of Records Non-federal contractors receiving financial assistance of $300,000 or more in federal funds from all sources, direct and indirect, are required to have a single or a program -specific audit conducted in accordance with the Office of Management and Budget (OMB) (Revised June 27, 2003) Circular A- 133-Audits of States, Local Governments, and Non -Profit Organizations. Non-federal entities that spend less than $300,000 a year in federal awards are exempt from federal audit requirements for that year, except as noted in Circular No. A-133. Contractors required to have an audit must ensure the audit is performed in accordance with Generally Accepted Government Auditing Standards (GAGAS) developed by the Comptroller General and the OMB Compliance Supplement. The Contractor has the responsibility of notifying the State Auditor's Office and requesting an audit. Costs of the audit may be an allowable grant expenditure. The Contractor shall maintain its records and accounts so as to facilitate the audit requirement and shall ensure that any subrecipients also maintain auditable records. The Contractor is responsible for any audit exceptions incurred by its own organization or that of its subrecipients. Responses to any unresolved management findings and disallowed or questioned costs shall be included with the audit report. The Contractor must respond to Department requests for information or corrective action concerning audit issues. The DHS reserves the right to reco ver from the Contractor all disallowed costs resulting from the audit. The Contractor must send a letter stating there has been a single audit completed and there were no findings or if there were findings, the letter should provide a list of the findings. The Contractor must send this letter no later than nine (9) months after the end of the audit period to: Finance Director State Military Department Finance Services, -Buildingg #1 TA-20 Camp Murray, WA 98430-5032 In addition to sending a copy of the audit, the Contractor must include a corrective action plan for any audit findings and a copy of the management letter if one was received. The Contractor shall include the above audit requirements in any subcontracts. In the case of all negotiated contracts and contracts for construction, reconstruction or improvement of facilities and equipment, which were entered into under other than competitive proposal procedures, Contractor agrees that the County, the Comptroller General of the United States or any of their duly authorized representatives, shall, for the purpose of audit and examination be permitted to inspect all 13 of 34 FFY04-LETPP-003 Work, materials, payrolls, and other data and records with regard to the project, and to audit the books, records and accounts with regard to the project. Further, Contractor agrees to maintain all required records for six (6).years after the County makes final payment and all other pending matters are closed. 1-7 Privacy Should the Contractor, or any of its Subcontractors, or their employees administer any system of records on behalf of the Federal Government, the Privacy Act of 1974, 5 USC § 552a, imposes information restrictions on the party administering the system of records. For purposes of the Privacy Act, when the Agreement involves the operation of a system of records on individuals to accomplish a government function, the recipient and any contractors, third party contractors, Subcontractors and their employees involved therein are considered to be government employees with respect to the government function. The requirements of the Act, including the civil and criminal penalties for violations of the Act, apply to those individuals involved. Failure to comply with the terms of the Act or this provision of this Contract shall make this Contract subject to termination. The Contractor agrees to include this clause in all subcontracts awarded under this Contract that involve the design, development, operation, or maintenance of any system of records on individuals subject to the Act. 1-8 Access Requirements for Individuals with Disabilities The County and the Contractor are required to comply with all applicable requirements of the Americans with Disabilities Act of 1990 (ADA), 42 USC §§ 12101, et seq.; Section 504 of the Rehabilitation Act of 1973, as amended, 29 USC § 794; and, and the following regulations and any amendments thereto: A. U.S. Department of Justice (DOJ) regulations, "Nondiscrimination on the Basis of Disability in State and Local Government Services," 28 CFR Part 35; B. U.S. Department of Justice regulations, "Nondiscrimination on the Basis of Disability by Public Accommodations and in Commercial Facilities," 28 CFR Part 36; C. U.S. General Services Administration regulations, "Construction and Alteration of Public Buildings," 41 CFR Subpart 101-19; D. U.S. Equal Employment Opportunity Commission (EEOC) 'Regulations to Implement the Equal Employment Provisions of the Americans with Disabilities Act," 29 CFR Part 1630; E. U.S. Federal Communications Commission regulations, 'Telecommunications Relay Services and Related Customer Premises Equipment for the Hearing and Speech Disabled", 47 CFR Part 64, Subpart F. 1-9 Interest of Members of or Delegates of Congress Pursuant to 41 USC § 22, no member of or delegate to the Congress of the United States shall be admitted to any share or part of this Contract or to any benefit arising therefrom. 1-10 Certification Regarding Debarment Suspension and Other Responsibility Matters By signing and submitting this Contract, the Contractor, is providing the signed certification set out below. The certification in this clause is a material representation of fact upon which reliance was placed when this transaction was entered into. If it is later determined that the Contractor knowingly rendered an erroneous certification, in addition to other remedies available to the Federal Government and County, may pursue available remedies, including suspension and/or debarment. 14 of 34 FFY04-LETPP-003 The Contractor shall provide immediate written notice to County if at any time the Contractor learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances. The terms "covered transaction," "debarred," "suspended," "ineligible," "lower tier covered transaction," "participant," "persons," 'lower tier covered transaction," "principal," "proposal," and "voluntarily excluded," as used in this clause, have the meanings set out in the Definitions and Coverage sections of rules implementing Executive Order 12549 [49 CFR Part 29]. Contractor may contact County for assistance in obtaining a copy of those regulations. The Contractor agrees by signing this Contract, it shall not knowingly enter into any covered transaction with a person who is debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized in writing by the County. The Contractor further agrees by signing this Contract that it will include the clause titled "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion - Lower Tier Covered Transaction", without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that it is not debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. A participant may decide the method and frequency by which it determines the eligibility of its principals. Each participant may, but is not required to, check the Nonprocurement List issued by U.S. General Service Administration. Nothing contained in the foregoing shall be construed to require establishment of system of records in order to render in good faith the certification required by this clause. The knowledge and information of a participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings. Except for transactions authorized under Paragraph 5 of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to all remedies available to the Federal Government, County may pursue available remedies including suspension and/or debarment. 49 CFR Part 29. 1-11 Subcontractors' Cer ificabon Regarding Debarment. Suspension or Ineligibility By signing this Contract, the Contractor agrees that it shall not knowingly enter into any subcontract with an entity or Person who is debarred, suspended, or who has been declared ineligible from obtaining federal assistance funds. Each subcontract, regardless of tier, shall contain a provision that the Subcontractor shall not knowingly enter into any lower tier subcontract with a Person or entity who is debarred, suspended or declared ineligible from obtaining federal assistance funds The Contractor shall require each Subcontractor, regardless of tier, to immediately Provide written notice to the Contractor if at any time the Subcontractor learns that its, or a lower -tier certification was erroneous or has become erroneous by reason of changed circumstances. The Contractor may rely upon the certifications of the Subcontractors unless it knows that a certification is erroneous. The Contractor's knowledge and information regarding any Subcontractor is not required to exceed that which is normally possessed by a prudent Person in the ordinary course of business. 1-12 Disclosure of Lobbying Activities Contracts in excess of $100,000 require that a Certification Regarding Lobbying, and Disclosure of Lobbying Activities (if appropriate), be completed and submitted to the County with the Contract, as required by 49 CFR Part 20, "New Restrictions on Lobbying". Please contact the County for these forms. 15 of 34 FFY04-LETPP-003 The Contractor certifies that it shall not and has not used Federal appropriated funds to pay any Person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal Contract, grant or any other award covered by the Byrd Anti - Lobbying Amendment, 31 USC § 1352. The Contractor shall disclose the name of any registrant under the Lobbying Disclosure Act of 1995, codified at 2 USC § 1601 et seq., who has made lobbying contacts on its behalf with non -Federal funds with respect to that Federal Contract, grant or award covered by 31 USC § 1352. Such disclosures are to be forwarded to the County. The Contractor shall include the language of this certification in all subcontract awards at any tier and require that all recipients of subcontract awards in excess of $100,000 shall certify and disclose accordingly. Ref: 49 CFR Part 20, modified as necessary by 31 USC § 1352. 1-13 False or Fraudulent Statements or Claims The Contractor acknowledges that if it makes a false, fictitious, or fraudulent claim, statement, submission, or certification to the County in connection with this project, the County reserves the right to pursue the procedures and impose on the recipient the penalties of 18 USC § 1001, 31 USC §§ 3729 and 3801 et seq., and/or 49 USC § 5307(n)(1), as may be appropriate. The Contractor agrees to include this clause in all subcontracts awarded under this Contract. 1-14 Energy Conservation The Contractor agrees to comply with mandatory standards and policies relating to energy efficiency that are contained in the State Energy Conservation plan issued in compliance with the Energy Policy and Conservation Act, 42 USC §§ 6321 et seq., and 49 CFR Part 18. The Contractor agrees to comply with mandatory federal energy policies issued in the Federal buildings performance and reporting requirements of Executive Order No. 13123; Title V part 3 of the National Energy Conservation Policy Act (42 USC § 8251 et seq.); title I(A) of the Energy Policy Act of 2005 (including the amendments made thereby); and section 303 of the Energy Policy Act of 1992 (42 USC §13212). The Contractor agrees to include this clause in all subcontracts awarded under this Contract. 1-15 Environmental Requirements The Contractor agrees to comply with the applicable requirements of the National Environmental Policy Act of 1969, as amended, 42 USC §§ 4321, et seq., consistent with Executive Order No. 11514, as amended, "Protection and Enhancement of Environmental Quality," 42 USC § 4321 note. Council on Environmental Quality regulations on compliance with the National Environmental Policy Act of 1969, as amended, 42 USC § 4321 etseq. and 40 CFR Part 1500, etseq. 1-16 Preference for Recycled Products To the extent practicable and economically feasible, the Contractor agrees to provide a competitive preference for products and Services that conserve natural resources and protect the environment and are energy efficient. Examples of such products may include, but are not limited to, products described in the United States EPA Guidelines at 40 CFR Part 247, implementing section 6002 of the Resource Conservation and Recovery Act, as amended, 42 USC § 6962, and Executive Order 12873. 1-17 Patent Rights If any invention, improvement, or discovery of the Contractor or any of its Subcontractors is conceived or first actually reduced to practice in the course of or under this Contract, and that invention, improvement, or discovery is patentable under the laws of the United States or any foreign country, the 16 of 34 FFY04-LETPP-003 Contractor agrees to notify the County immediately and Provide a detailed report. The rights and responsibilities of the Contractor and the County with respect to such invention, improvement or discovery shall be determined in accordance with applicable federal laws, regulations, policies, and any waiver thereof. Unless the Federal Government later makes a contrary determination in writing, irrespective of the Contractor's status (i.e., a large business, small business, state government or state instrumentality, local government, nonprofit organization, academic institution, individual), the County and the Contractor agree to take the necessary actions to Provide, through DHS, those rights in that invention due the Federal Government as described in U.S. Department of Commerce regulations, "Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements," 37 CFR Part 401. The Contractor also agrees to include the requirements of this section in each subcontract for experimental, developmental, or research Work financed in whole or in part with Federal assistance Provided by DHS. Ref: 49 CFR Part 19, Appendix A, Section 5 17 of 34 FFY04-LETPP-003 WSP No. C080148FED Exhibit D INTERAGENCY AGREEMENT BETWEEN STATE OF WASHINGTON WASHINGTON STATE PATROL KING COUNTY OFFICE OF EMERGENCY MANAGEMENT THIS AGREEMENT, pursuant to Chapter 39.34 RCW, is made and entered into by and between the Washington State Patrol, ATTN: Homeland Security Division, PO Box 42600, Olympia WA 98504-2600, hereinafter referred to as "WSP;" and King County Office of Emergency Management, 3511 NE 2nd Street, Renton WA 98056, acting as the financial agent for the Region 6 Homeland Security District, hereinafter referred to as the "Department." IT IS THE PURPOSE OF THIS AGREEMENT to provide law enforcement with enhanced capabilities for detecting, deterring, disrupting and preventing acts of terrorism. This is a subgrant of Department of Homeland Security agreement number 2004 GE T4-0030, Law Enforcement Terrorism Prevention Program (LETPP) for federal fiscal year 2004, CFDA No. 97.004. IT IS, THEREFORE, MUTUALLY AGREED THAT: STATEMENT OF WORK The Department shall furnish the necessary personnel, equipment, material and/or service(s) and otherwise do all things necessary for or incidental to the performance of the work set forth in Exhibit A, Statement of Work, which is attached hereto and incorporated herein. PERIOD OF PERFORMANCE Subject to its other provisions, the period of performance of this Agreement shall commence on January 1, 2007, and be completed on September 30, 2007 unless terminated sooner as provided herein. IN CONSIDERATION WHEREOF: WSP shall reimburse the Department up to $116,841 in accordance with Exhibit D, Budget. The maximum amount of this Agreement is $116,841. AGENCY REPRESENTATIVES The following persons or their successors represent the parties in matters involving this Agreement: For the Washington State Patrol: For the Department: Ms. Arel Solie Mr. Jeff Bowers WSP Homeland Security Division King County Office of Emergency PO Box 42600 Management Olympia WA 98504-2600 3511 NE 2nd Street Telephone: (360) 704-2962 Renton WA 98056 e-mail: arel.solie@wsp.wa.gov Telephone: (206) 205-4060 E-mail: jeff.bowers@metrokc.gov Page 1 of 2 18 of 34 FFY04-LETPP-003 GENERAL TERMS AND CONDITIONS Exhibit B, Washington State Military Department Contract Number E07-433, is attached hereto and incorporated into this Agreement herein. The Special Terms and Conditions, General Terms and Conditions, and Statement of Work contained in Exhibit B apply towards the Department unless expressly revised by this Agreement. ORDER OF PRECEDENCE In the event of any inconsistency in the terms of this Agreement, unless otherwise provided herein, the inconsistency shall be resolved by giving precedence in the following order: 1. Applicable federal and state statutes and regulations; 2. Exhibit A, Statement of Work 3. Exhibit D, Budget 4. The Terms and Conditions contained in this Agreement 5. Exhibit B, Washington State Military Department Contract Number E07-433 6. Any other provisions of the Agreement, whether incorporated by reference or otherwise. ALL WRITINGS CONTAINED HEREIN This Agreement contains all the terms and conditions agreed upon by the parties. No other understandings, oral or otherwise, regarding the subject matter of this Agreement shall be deemed to exist or to bind any of the parties hereto. IN WITNESS WHEREOF, the parties have executed this Agreement. State of Washington Washington State Patrol King County Office of Emergency Management John R. Batiste, Chief gnature 30 -y- 8/.23Lo9 Date Date G7 0 r Exhibit A — Statement of Work 0 / �0��� Exhibit B — Washington State Military Department Contract umber E07-433 Exhibit C — Sample Equipment Distribution Agreement Exhibit D - Budget APPROVED AS TO FORM BY THE OFFICE OF THE ATTORNEY GENERAL 08/25/04 WSP Agreement No. C080148FED Page 2 of 2 19 of 34 FFY04-LETPP-003 Exhibit A STATEMENT OF WORK 1. General. Funds provided to the Department or equipment purchased on behalf of local law enforcement agencies under this Agreement have been provided by the federal Office for Domestic Preparedness solely for the purpose of providing law enforcement with enhanced capabilities for detecting, deterring, disrupting and preventing acts of terrorism in accordance with the LETPP Guidelines for Federal Fiscal Year 2004. 2. Detailed Budgets. The Department's detailed budget is incorporated into this Agreement as Exhibit D. Management and Administration costs may not exceed 3% of the total amount allocated to the Department, or $3,505. 3. Equipment. Any equipment purchased or provided through this Agreement must be reviewed by the Equipment Sub -Committee of the State Homeland Security Committee, and by the Office of Domestic Preparedness. a. Reimbursing the Department for Equipment Purchases. The Department may purchase approved Equipment and request reimbursement by WSP. The Department shall purchase the Equipment according to its jurisdiction's procurement regulations, provided that the regulations conform to applicable Federal law and the standards identified in the Procurement Standards Sections of 28 CFR, Section 66.36. All sole -source procurements in excess of $100,000 must receive prior approval from WSP. b. Reimbursing the Departement for Equipment Purchases made by other Law Enforcement iurisidictions. WSP may reimburse the Department for purchases made by other law enforcement jurisdictions within the Region provided the Department has entered into an agreement with the other law enforcement jurisdiction(s) that incorporates the terms of this Agreement; and that the Department has budgeted funds in the Equipment -Pass Thru line item. 4. Transfer of Equipment to End Users. If the Department is not the Recipient, the Department shall contract with the Recipient to transfer title of the Equipment to the Recipient. The contract between the Department and the Recipient shall be similar to the Equipment Recipient Agreement attached and incorporated into this Agreement as Exhibit C. 5. Equipment Management. For the duration of the life of any Equipment provided by this Agreement, any Recipient shall maintain a property record of the Equipment that includes a description of the Equipment; the serial or other identification numbers; the acquisition date; the Equipment cost; the location, use and condition of the Equipment; and any ultimate disposition data including the date of disposal and sale price of the Equipment. The Recipient shall conduct a physical inventory of Equipment and reconcile the results with the Equipment property record at least once every two (2) years. The Recipient shall implement a control system to ensure adequate safeguards to prevent loss, damage or theft of the Equipment. The Recipient shall investigate any loss, damage or theft of the Equipment. The Recipient shall maintain the Equipment in good condition. WSP Agreement No. C080148FED Exhibit A, Statement of Work Page 1 of 3 20 of 34 FFY04-LETPP-003 For items of Equipment with a current per unti fair market value of less than $5,000 the Recipient may retain, sell or otherwise dispose of such Equipment with no obligation to the Department of Homeland Security or the State of Washington. For items of Equipment with a current per unit fair market value of $5,000 or more the Department of Homeland Security has a right to recover a share of proceeds from the sale of such Equipment per Department of Homeland Security regulations and procedures. 6. Billing Procedure. WSP shall reimburse the Department upon receipt of properly executed invoices, which shall be submitted by the Department not more often than monthly_ The Department shall submit invoices no later than October 20, 2007. These invoices must identify the function area and line item in which the funds were expended. The Department shall accompany a copy of the vendor's invoice and packing slip for reimbursement by WSP of equipment costs. 7. Subrecipient Monitoring. The Department shall assist WSP in monitoring Recipient use and management of the Equipment. The Department shall maintain on file the following information for each item of Equipment provided under this Agreement: a description of the Equipment; the serial or other identification numbers; the acquisition date; the Equipment cost; the location, use and condition of the Equipment; and any ultimate disposition data including the date of disposal and sale price of the Equipment. This section shall remain in full force and effect for the life of any Equipment provided to the Department herein, regardless of the end date of this Agreement. 8. Reporting. a. BSIR Reporting. The Department shall report on activities funded through this Agreement when it submits its Bi-annual Strategy Implementation Report (BSIR) to update the ISIP twice per year (not later than July 15 and January 15). b. Progress Reports. The Department shall provide to WSP a final progress report to WSP no later than October 20, 2007. This report shall identify all projects funded through this Agreement, the status of all projects, and a financial summary showing funds expended for each project. WSP Agreement No. C080148FED Exhibit A, Statement of Work Page 2 of 3 21 of 34 FFY04-LETPP-003 Washington State Military Department Exhibit B CONTRACT FACE SHEET Washington State Military Department 1. Contractor Name and Address: 2. Contract Amount. Contract Number E07-433 Washington State Patrol P O Box 42600 $400,457 E07-433 Olympia, WA 98504-2600 4, Contractor's Contact Person, phone number: 5. Contract Start Date 6. Contract End Date Arel Solie (360) 704-2962 January 1, 2007 November 30, 2007 7, MD Program Manager/phone number: 8. State Business License #: 9. UBI # (state revenue): Jennifer Martinez, (253) 512-7464 n/a 600-201-932 10. Funding Authority: Washington State Military Department (Department) and the Department of Homeland Security (DHS) 11. Funding Source Agreement #: 12. Program Index #: 13. Catalog of Federal Domestic Asst. 14. TIN or SSN: 2004-GE-T4-0030 743LL (CFDA) # & Title: 97.004-LETPP 91-6001127 15. Service Districts: 16. Service Area by County(ies): 17. Women/Minority-Owned, State (BY LEGISLATIVE DISTRICT): all Statewide Certified?: X N/A O NO (BY CONGRESSIONAL DISTRICT): all O YES, OMWBE # 18. Contract Classification: 19. Contract Type (check all that apply): ❑ Personal Services O Client Services X Public/Local Gov't X Contract ❑ Grant ❑ Agreement ❑ Collaborative Research ❑ A/E ❑ Other ❑ Intergovernmental (RCW 39.34) ❑ Interagency 20. Contractor Selection Process: 21. Contractor Type (check all that apply) X "To all who apply & qualify" ❑ Competitive Bidding ❑ Private Organization/Individual ❑ For -Profit ❑ Sole Source ❑ A/E RCW ❑ N/A X Public Organization/Jurisdiction X Non -Profit ❑ Filed w/OFM? ❑ Advertised? ❑ YES ONO ❑ VENDOR X SUBRECIPIENT ❑ OTHER 22. BRIEF DESCRIPTION: The Department of Homeland Security (DHS), Office of Grants & Training (G&T) is providing funds to local government to enhance the preparedness of the nation to combat terrorism through the IFFY 2004 Law Enforcement Terrorism Protection Program, State Homeland Security Program. This funding is being provided to the nine (9) Regional Homeland Security Districts (Regions) to address the unique equipment, exercise, training, planning, and administration needs of local emergency responders. IN WITNESS WHEREOF, the Department and Contractor acknowledge and accept the terms of this contract and attachments hereto and have executed this contract as of the date and year written below. This Contract Face Sheet, Special Terms and Conditions, General Terms and Conditions, Statement of Work, and Budget govern the rights and obligations of both parties to this contract. In the event of an inconsistency in this contract, unless otherwise provided herein, the inconsistency shall be resolved by giving precedence in the following order: (a) Applicable Federal and State Statutes and Regulations (b) Statement of Work (c) Special Terms and Conditions (d) General Terms and Conditions, and if attached, (e) any other provisions of the contract incorporated by reference. This contract contains all the terms and conditions agreed upon by the parties. No other understandings, oral or otherwise, regarding the subject matter of this contract shall be deemed to exist or to bind any of the parties hereto. WHEREAS, the parties hereto have executed this contract on the day and year last specified below. FOR THE DEPARTMENT: FOR THE CONTRACTOR: Signature Date Signature Date James M. Mullen, Director John R. Batiste, Chief Emergency Management Division for Washington State Military Department APPROVED AS TO FORM: Washington State Patrol Spencer W. Daniels (signature on file) 7120/06 Assistant Attorney General Form 10127/00 kdb FFY 04 Law Enforcement Terrorism Protection ProgramPage 1 of 16 Washington State Patrol E07-433 22 of 34 FFY04-LETPP-003 SPECIAL TERMS AND CONDITIONS ARTICLE I -- COMPENSATION SCHEDULE: This is a fixed price, reimbursement contract. Within the total contract amount, travel, subcontracts, salaries and wages, benefits, printing, equipment, and other goods and services or other budget categories will be reimbursed on an actual cost basis unless otherwise provided in this contract. Any travel or subsistence reimbursement allowed under the contract shall be paid in accordance with rates set pursuant to RCW 43.03.050 and RCW 43.03.060 as now existing or amended, or local travel regulations, whichever is more stringent. Receipts and/or backup documentation for any approved budget line items including travel related expenses that are authorized under this contract must be maintained by the Contractor and be made available upon request by the Military Department. Some flexibility to shift funds between/among budget categories is allowed as follows: Changes to any single budget category in excess of 10% or $100, whichever is greater, will not be reimbursed without the prior written authorization of the Department. Budget categories are as specified or defined in the budget sheet of the contract. ARTICLE 11 -- REPORTS: In addition to the reports as may be required elsewhere in this contract, the Contractor shall prepare and submit the following reports10 the Department's Key Personnel: Financial Quarterly Invoices #/Copies Due Date Invoices must be submitted no more often than monthly, timely manner will cause the Department to hold all submitted. Final Invoice (shall not exceed overall contract amount) Within 30 days following the end of the quarter in which the work was performed but at least quarterly. Failure to submit invoices in a -equests for equipment approval until invoices are No later than 30th day following the contract end date. All contract work must end on November 30, 2007. However the Contractor has up to 45 days after the contract end date to submit all final billing. Technical #/Copies Bi-Annual Strategy Implementation Report Electronic Final Report Electronic Due Date January 15th and July 15"' of each year of the contract period No later than 30"' day following the contract end date All contract work must end on November 30, 2007. However the Contractor has up to 45 days after the contract end date to submit all final reports and/or deliverables. The Bi-Annual Strategy Implementation Report will be submitted via G&T's web -based grant reporting tool. The Final Report will be submitted electronically to hls.reporting Cc emd.wa.gov, utilizing the Exhibit E reporting template. ARTICLE III -- KEY PERSONNEL: The individuals listed below shall be considered key personnel. Any substitution must be notified in writing by the Military Department. CONTRACTOR: Arel Solie MILITARY DEPARTMENT: Jennifer Martinez FFY 04 Law Enforcement Terrorism Protection ProgramPage 2 of 16 Washington State Patrol E07-433 23 of 34 FFY04-LETPP-003 ARTICLE IV -- ADMINISTRATIVE REQUIREMENTS: The Contractor shall comply with OMB Circular A-87, Cost Principles for State, Local, and Indian Tribal Governments; OMB A-102, Grants and Cooperative Agreements with State and Local Governments; and A- 133, Audits of States, Local Governments, and Non -Profit Organizations. ARTICLE V -- ADDITIONAL SPECIAL CONDITIONS AND MODIFICATION TO GENERAL CONDITIONS: 1. Funds are provided by the Department of Homeland Security (DHS), Office of Grants and Training (G&T) solely for the purpose of enhancing the capability of state and local units of government to prevent, deter, respond to, and recover from incidents of terrorism involving the use of CBRNE weapons and cyber attacks. The Contractor must demonstrate the dual -use nature of any activities implemented under this program that are not explicitly focused on terrorism preparedness. The Contractor shall use the funds to perform tasks as described in the Statement of Work and Budget portions of the Contractor's request for funding, as approved by the Department. Funding may not be used to replace or supplant government funding of existing planning or exercise programs. 2. The Contractor shall provide a match of $0 of non-federal origin. 3. CONTINGENCY LANGUAGE -- Contractor acknowledges that since this contract involves federal funding, the period of performance described herein will likely begin prior to the availability of appropriated federal funds. Contractor agrees that it will not hold the Department, the State of Washington, or the United States liable for any damages, claim for reimbursement, or any type of payment whatsoever for services performed under this contract prior to distribution of appropriated federal funds. Contractor agrees that it will not hold the Department, the State of Washington, or the United States liable for any damages, claim for reimbursement or any type of payment if federal funds are not appropriated or are not appropriated in a particular amount. ARTICLE VI — EQUIPMENT MANAGEMENT: All equipment purchased under this contract, by the Contractor or a Sub -Contractor, will be recorded and maintained in an equipment inventory system. 1. Upon successful completion of the terms of this contract, all equipment purchased through this contract will be owned by the Contractor, or a recognized sub-contractor/sub-grantee for which a contract, sub - grant agreement, or other means of legal transfer of ownership is in place. 2. The Contractor, or a recognized sub-contractor/sub-grantee, shall be responsible for any and all operation and maintenance expenses and for the safe operation of their equipment including all questions of liability. 3. The Contractor shall maintain equipment records that include: a description of the property; the manufacturer's serial number, model number, or other identification number; the source of the equipment, including the Catalogue of Federal Domestic Assistance or CFDA number; who holds title; the acquisition date; the cost of the equipment and the percentage of Federal participation in the cost; the location, use and condition of the equipment at the date the information was reported; and disposition data including the date of disposal and sale price of the property. 4. Records for equipment shall be retained by the Contractor for a period of six years from the date of the disposition, replacement or transfer. If any litigation, claim, or audit is started before the expiration of the six year period, the records shall be retained by the Contractor until all litigations, claims, or audit findings involving the records have been resolved. 5. The Contractor shall take a physical inventory of the equipment and reconcile the results with the property records at least once every two years. Any differences between quantities determined by the physical inspection and those shown in the records shall be investigated by the Contractor to determine the cause of the difference. The Contractor shall, in connection with the inventory, verify the existence, current utilization, and continued need for the equipment. 5. The Contractor shall develop a control system to ensure adequate safeguards to prevent loss, damage, and theft of the property. Any loss, damage or theft shall be investigated and a report generated. 7. The Contractor will develop adequate maintenance procedures to keep the property in good condition. 8. If the Contractor is authorized or required to sell the property, proper sales procedures must be established to ensure the highest possible return. FFY 04 Law Enforcement Terrorism Protection ProgramPage 3 of 16 Washington State Patrol E07-433 24 of 34 FFY04-LETPP-003 9. When original or replacement equipment is no longer needed for the. original project or program or for other activities currently or previously supported by a Federal agency, disposition of the equipment will be made as follows: a. Items of equipment with a current per -unit fair market value of less than $5,000 may be retained, sold or otherwise disposed of by the Contractor with no further obligation to the awarding agency. b. Items of equipment with a current per -unit fair market value of more than $5,000 may be retained or sold and the Contractor shall compensate the Federal -sponsoring agency for its share. 10. As sub -grantees of federal funds the Contractor must pass on equipment management requirements that meet or exceed the requirements outlined above for all sub -contractors, consultants, and sub -grantees who receive pass -through funding from this contract. ARTICLE VII — SUBRECIPIENT MONITORING The Department will monitor the activities of the Contractor from award to closeout and for the life of equipment purchased under this contract. The goal of the Department's monitoring activities will be to ensure that agencies receiving federal pass -through funds are in compliance with federal and state audit requirements, federal grant guidance, applicable federal and state financial guides, as well as OMB Circular A-133 and A-122 where applicable. Monitoring activities may include: • review of performance reports, - monitoring and documenting the completion of contract deliverables; • documentation of phone calls, meetings, a -mails and correspondence; review of reimbursement requests to insure allowability and consistency with contract budget; • observation and documentation of contract related activities, such as exercises, training, funded events and equipment demonstrations; on -site visits to review equipment records and inventories, verify source documentation for reimbursement requests and performance reports and verify completion of deliverables. As sub -grantees of federal funds the Contractor is required to meet or exceed the monitoring activities, as outlined above, for all sub -contractors, consultants, and sub -grantees who receive pass -through funding from this contract. FFY 04 Law Enforcement Terrorism Protection ProgramPage 4 of 16 Washington State Patrol E07-433 25 of 34 FFY04-LETPP-003 Exhibit A Subrecipient Washington Military Department GENERAL TERMS AND CONDITIONS DEFINITIONS As used throughout this contract, the following terms shall have the meaning set forth below: a. "Department" shall mean the Washington Military Department, as a state agency, any division, section, office, unit or other entity of the Department, or any of the officers or other officials lawfully representing that Department. b. "Contractor' shall mean that firm, organization, group, individual, or other entity performing services under this contract, and shall include all employees of the Contractor. It shall include any subcontractor retained by the prime Contractor as permitted under the terms of this contract. "Contractor" shall be further defined as one or the other of the following and so indicated on face sheet of the contract. 1) "Subrecipient' shall mean a contractor that operates a federal or state assistance program for which it receives federal funds and which has the authority to determine both the services rendered and disposition of program funds. 2) "Vendo✓' shall mean a contractor that agrees to provide the amount and kind of service or activity requested by the Department and that agrees to provide goods or services to be utilized by the Department. C. "Recipient and/or Pass -Through Entity" means the Washington State Military Department as it is applied to this contract. d. "Cognizant State Agency" shall mean the state agency from which the subrecipient receives federal financial assistance. If funds are received from more than one state agency, the cognizant state agency shall be the agency who contributes the largest portion of federal financial assistance to the subrecipient unless the designation has been reassigned to a different state agency by mutual agreement. e. "Subcontractor" shall mean one, not in the employment of the Contractor, who is performing all or part of those services under this contract under a separate contract with the Contractor. The terms "subcontractor" and "subcontractors" mean subcontractor(s) in any tier. f. "Grant" - For the purposes herein, the term "grant" may be used to mean "contracts" or "grants" or "agreements". g. "CFR" - Code of Federal Regulations h. "OMB" - Office of Management and Budget i. "RCW" - Revised Code of Washington i "WAC" - Washington Administrative Code. 2. SUBRECIPIENT MONITORING a. The Washington Military Department (the Department), as a recipient agency, receives federal financial assistance funds for federal programs and is charged with maintaining compliance with federal and state laws and regulations regarding the monitoring, documentation, and auditing of subrecipient grant activities using federal financial assistance funds. Management and implementation guidelines for the federal programs ensure compliance with statutes, grant guidelines, the sub -award agreement, Office of Management and Budget (OMB) circulars, in particular the OMB Circular A-133, subrecipient audits, and other guidance found in the Federal Register. The Department shall adhere to its Subrecipient Monitoring Policy and the Subrecipient Monitoring Procedures (WMD Policy number 00-025-05.) b. The Contractor shall perform under the terms of the contract and the Department has responsibility for reasonable and necessary monitoring of the Contractor's performance. The Department shall conduct contract monitoring activities on a regular basis. Monitoring is defined as any planned, ongoing, or periodic activity that measures and ensures contractor compliance with the terms, conditions, and requirements of a contract. Monitoring involves prudent collection of information about Contractor operations and is not limited to site visits or the completion of formal reviews. Monitoring may include periodic contractor reporting to the Department, Department review of audit reports, invoice reviews, onsite reviews and observations, and surveys. Adequate FFY 04 Law Enforcement Terrorism Protection ProgramPage 5 of 16 Washington State Patrol E07-433 26 of 34 FFY04-LETPP-003 Exhibit B Statement of Work FFY 2004 Law Enforcement Terrorism Protection Program INTRODUCTION: The Washington State Military Department Emergency Management Division's (EMD) Homeland Security Section is responsible for programs designed to prepare and improve the State's ability to respond to a CBRNE (Chemical, Biological, Radiological, Nuclear and Explosive) terrorist attack. Through the FFY 2004 Law Enforcement Terrorism Protection Program, Law Enforcement Terrorism Protection Program, awarded by the Office of Grants and Training (G&T), EMD is providing funds to enhance the capability of state and local units of government to prevent, deter, respond to, and recover from incidents of terrorism involving cyber attacks and the use of CBRNE weapons. The Washington State Patrol (herein known as the Contractor) agrees to the following: THE CONTRACTOR AGREES TO: 1. Work closely with the established Regional Homeland Security Council to develop a strategy and subsequent budget for the use of these funds. The implementation of the projects or activities associated with these funds will be coordinated with the counties, cities, and the tribal governments located within the established region. 2. Prepare a bi-annual update to the Initial Strategy Implementation Plan. 3. Plan and implement equipment purchases, exercises, training, and planning/administration in accordance with the ODP Grant Guidance http://www.oiP.usdoi.gov/odp/grants programs.htm#fy2004. 4. If purchasing equipment, proposed equipment purchase lists must meet the following requirements: • All proposed equipment must be in compliance with the ODP authorized equipment list, as detailed at http://www.oip.usdoj.gov/odp/grants Programs.htm#fy2004 • All proposed equipment must be consistent with the State Homeland Security Strategy; • All proposed equipment will be submitted to the Emergency Management Division to be reviewed by the Committee on Homeland Security, Equipment Subcommittee to ensure that the requested equipment is aligned with the statewide equipment purchasing strategy; • Proposed equipment lists must be approved by ODP; and • Until the above actions are accomplished, Contractor is not authorized to expend these funds on equipment purchases. 5. Submit bi-annual reports to provide a summary of the project to date. A list of attendees, course numbers, and attendance dates must be provided for training funds in each bi-annual report. The final report is a cumulative report and should provide a summary of all work completed with any results and proposed remedial actions documented and captured in a "best practices" format. The reports are to be provided in an issue/discussion/recommendation electronic format and emailed to HLS.rePortJing(a�emd.wa.gov. 6. Submit quarterly, signed and approved invoice vouchers (State Form A-19) to the Military Department within 15 days following the end of the period in which the work was performed. Each A-19 invoice will be accompanied by a spreadsheet detailing the expenditures, related financial documents and invoices will be on file and available upon request. 7. Hire a Subcontractor to assist in accomplishing the above tasks if required. THE MILITARY DEPARTMENT AGREES TO: 1. Provide technical assistance, expertise, and state coordination with ODP where necessary. 2. Reimburse the Contractor within 45 days of receipt and approval of signed, dated invoice vouchers (state form A-19). IFFY 04 Law Enforcement Terrorism Protection ProgramPage 12 of 16 Washington State Patrol E07-433 _ .--- - _--- 27 of 34 FFY04-LETPP-003 MILESTONE TIMELINE IFFY 2004 Law Enforcement Terrorism Protection Program MILESTONE TASK January 1, 2007 Start of grant performance period July 2007 Contract Execution November 30, 2007 Termination of the contract performance period; all work must end under this grant. January 15, 2008 Submission of Closeout Report No later than January 15, 2008 Submit all final reports, invoices for reimbursement and/or deliverables. FFY 04 Law Enforcement Terrorism Protection ProgramPage 13 of 16 Washington State Patrol E07-433 _... -- --- ------------ - - -- — — - -- 28 of 34 FFY04-LETPP-003 FFY04 Law Enforcement Terrorism Protection Program DETAILED BUDGET PLANNING Sub -Category Salaries & Benefits Consultants/Sub-Contracting Goods & Services Travel & Per Diem Pass Thru Other -Indirect Total $ TRAINING Sub -Category Salaries & Benefits $ - Overtime $ - Consultants/Sub-Contracting $ - Goods & Services $ - Travel & Per Diem $ - Pass Thru $ - Other $ - Total $ EXERCISE Sub -Category Salaries & Benefits $ - Overtime $ - Consultants/Sub-Contracting $ - Goods & Services $ - Travel & Per Diem $ - Pass Thru $ - Other $ - Total $ - MANAGEMENT & ADMINISTRATION Sub -Category Salaries & Benefits Consultants/Sub-Contracting $ - Goods & Services $ - Travel & Per Diem $ - Pass Thru $ - Other $ - Total $ - Funding Source: Funding Source: Funding Source: Funding Source: M&A Total cannot exceed EQUIPMENT $ 400,457 Funding Source: 743LL For Detail see Approved Equipment list Exhibit D Total Budget $ 400,457 .1 • Expenditures may only occur within the categories and sub -categories listed above. However, changes of up to 10% can be changed without prior approval from the Department. Changes that exceed 10% will require the Contractor submit a budget change request to the Department for approval. r2. G&T Grant program requirements affirm thatfederal funds will be used to supplement existing funds, and will not replace (supplant) funds that have been appropriated for the same purpose. r3. Management and Administration expenditures cannot exceed 3% of the total contract award. FFY 04 Law Enforcement Terrorism Protection ProgramPage 14 of 16 Washington State Patrol E07-433 29 of 34 FFY04-LETPP-003 Exhibit D DEPARTMENT PURCHASED EQUIPMENT FFY 2004 Law Enforcement Terrorism Protection Program Upon approval of the Contractor the Department will purchase the following equipment on behalf of the Contractor. The Department will reimburse the vendor and the equipment will be drop shipped to a location designated by the Contractor. Equipment Category Date Item Cost Approved Total Total amount de -obligated under this contract: $ FFY 04 Law Enforcement Terrorism Protection ProgramPage 15 of 16 Washington State Patrol E07-433 30 of 34 FFY04-LETPP-003 Exhibit E HOMELAND SECURITY BI-ANNUAL PROGRESS REPORT FORM FFY 2004 Law Enforcement Terrorism Protection Program CONTACT INFORMATION: Jurisdiction: Contract#: Completed By: Email address: Telephone Number: REPORTING PERIOD: ❑ July 1, 2006 — December 31, 2006 (due January 15th) ❑ January 1, 2007 - June 30, 2007 (due July 15th) ❑ July 1, 2007 — December 31, 2007 (due January 15th) ❑ Close-out Report (due May 30th) 1. How do the projects under this contract meet the overall goals and objectives of the Washington Statewide Homeland Security Strategic Plan and the Washington State Law Enforcement Terrorism Protection Program Investment Justifications? (This question must only be answered for the first reporting cycle, unless projects change during the life of the contract) 2. What sub -grants have been awarded under this contract? List the agencies and the amounts. (This question must only be answered for the first reporting cycle, unless the list changes during the life of the contract.) 3. Describe progress made to -date in development and implementation of each project funded under this contract. 4. Have there been significant successes or challenges to -date, and any that can be foreseen for the future? Have any issues arisen that will prevent completion of the projects by the contract end date. 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FRANCHISE AND ENABLING ORDINANCE RECOMMENDATION State law requires two public hearings. It is recommended that City Council: 1) Introduce the attached ordinance repealing Ordinance 795 and enacting new cable system regulations; and 2) Introduce the attached ordinance granting a non-exclusive cable television franchise to Comcast and authorizing the City Manager to enter into a 5-year Franchise Agreement. BACKGROUND The City of Medina approved the first cable television franchise in the early 1980's with Group W Cable, Inc. Group W Cable began construction of the cable television system in March 1983 and service to subscribers became available in July 1983. In 1986, Group W Cable, Inc. transferred ownership of its cable television assets to TCI Holdings and eventually TCI Cablevision of Washington, Inc. The franchise agreement with TCI Cablevision of Washington, Inc. expired in 1990. The City approved a new franchise agreement August 1, 1991, which expired on July 31, 2006. Since 1990, control of the cable television system has been transferred from TCI Cablevision of Washington, Inc. to AT & T Broadband and from AT & T Broadband to Comcast. The City has been involved in negotiations with Comcast for three years to develop a new franchise agreement. Medina joined several neighboring cities and towns (Burien, Clyde Hill, Hunts Point, Medina, Newcastle and Normandy Park) who were also renegotiating franchise agreements with Comcast and, together, the consortium hired Bob Duchen, River Oaks Communications Corp, to provide consulting services during the negotiation process. In so doing, the City paid only a fractional share of the average cost for such services. In September 2006 the City believed it had reached a successful negotiation. The City Council approved Ordinance 795 enacting new cable regulations, and authorized the City Manager to enter into a Franchise Agreement with Comcast. However, before the Franchise Agreement could be executed, pending federal legislation prompted Comcast to demand "competitive equity" language. This language, now included in the proposed franchise agreements, is designed to guarantee that the City will amend its franchise with Comcast to match more favorable terms and conditions awarded future Medina cable T.V. franchisees. PH-1 DISCUSSION Cable television franchise negotiation has changed significantly since the last negotiation in the early 1990's. Essentially, changes in laws and technology have strengthened the industry's position, leaving municipal franchising authorities with very limited regulatory authority. As such, the City's approach to renegotiating the franchise agreement was narrowly focused on: 1) Preserving and improving language in the agreement that requires the franchisee to upgrade the system when new technology and services become available; 2) Requiring the franchisee to provide exceptional customer service to subscribers in Medina; and 3) Providing cost-effective services. The attached Cable TV enabling ordinance provides the basic rules any cable television provider must comply with when operating in Medina. The Franchise Agreement governs the specific elements with a particular service provider. The Franchise Agreement supersedes if there is a conflict between language in the enabling ordinance and franchise agreement. Notable changes to the Cable TV regulations are: ■ Section 15 — Customer Service Standards. This Section adds new language, which clearly describes the standards for customer service that must be met. Currently, the regulations do not address customer service standards. ■ Section 22 — Street Cut or Repair. This is a new Section, which clarifies a franchisee's responsibility to ensure that any street cut or repair must be guaranteed. ■ Section 28 — Reimbursement. New Section providing the City with an opportunity to seek reimbursement for costs incurred by the City in connection with administrative reviews, transfers of ownership/control, etc. The attached Franchise Agreement is the document that grants specific authority to a service provider (Comcast in the case) to use the rights -of -way within the City. As compensation for the use of the City's Rights -of -Way, The City may, upon written request of the franchisee, collect a franchise fee in an amount not to exceed five percent (5%) of franchisee's Gross Revenues. . PH-1 CITY OF MEDINA, WASHINGTON ORDINANCE NO. AN ORDINANCE REPEALING ORDINANCE NO. 795 AND ENACTING NEW CABLE SYSTEM REGULATIONS WHEREAS, the City wishes: (i) to promote the availability of high -quality and diverse Cable Services to residents, the City and other public institutions; (ii) to promote the availability of diverse information resources to the community; (iii) to promote competitive Cable Services and rates; (iv) to take advantage of technologies; (v) to enhance educational opportunities throughout the community and provide opportunities for building a stronger community; and (vi) to allow flexibility to respond to changes in technology, Customer interests and competitive factors within the cable television industry that will positively affect the health, welfare and well-being of the community; WHEREAS, the City, pursuant to applicable federal law, is authorized to grant one or more nonexclusive Franchises to construct, operate and maintain Cable Systems within the City; and WHEREAS, because of the complex and rapidly changing technology associated with Cable Systems, the City Council further finds that the public convenience, safety and general welfare can best be served by establishing regulatory powers that should be vested in the City. It is further the intent of this Ordinance and subsequent amendments to provide for and specify the means to attain the best possible Cable Service to the public. It is the further intent of this Ordinance to establish regulatory provisions that permit the City to regulate Cable System Franchises to the maximum extent permitted by federal and state law, including, but not limited to, the Cable Communications Policy Act of 1984, the Cable Television Consumer Protection and Competition Act of 1992, the Telecommunications Act of 1996, applicable Federal Communications Commission regulations and Washington law. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MEDINA, WASHINGTON DO ORDAIN AS FOLLOWS: Section 1. Repeal. Ordinance No.795 is hereby repealed. Section 2. Short Title. This Ordinance shall constitute the "Cable System Regulations" of the City of Medina and may be referred to as such. Section 3. Definitions. For the purposes of this Ordinance, the following words, terms, phrases and their derivations have the meanings given herein. When not inconsistent with the context, words used in the present tense include the future tense, words in the singular number include the plural number and words in the plural number include the singular number. "Applicant" means any person or entity that applies for an initial Franchise. PH-1 2. "Cable Act" means the Cable Communications Policy Act of 1984 as amended by the Cable Television Consumer Protection and Competition Act of 1992 and the Telecommunications Act of 1996, and as any of them may be amended. 3. "Cable Operator" means any person or group of persons, including a Franchisee, who provide(s) Cable Service over a Cable System and directly or through one or more affiliates owns a significant interest in such Cable System or who otherwise control(s) or is (are) responsible for, through any arrangement, the management and operation of such a Cable System. 4. "Cable Service" means the one-way transmission to Customers of video programming or other programming service, and Customer interaction, if any, which is required for the selection or use of such video programming or other programming service. 5. "Cable System" means any facility, consisting of a set of closed transmission paths and associated signal generation, reception and control equipment that is designed to provide Cable Service which includes video programming and which is provided to multiple Customers within a community, but such term does not include (A) a facility that serves only to retransmit the television signals of one or more television broadcast stations; (B) a facility that serves Customers without using any public Right -of -Way; (C) a facility of a common carrier which is subject, in whole or in part, to the provisions of Title II of the federal Communications Act (47 U.S.C. 201 et seq.), except that such facility shall be considered a Cable System (other than for purposes of Section 621(c) (47 U.S.C. 541(c)) to the extent such facility is used in the transmission of video programming directly to Customers, unless the extent of such use is solely to provide interactive on -demand services; (D) an open video system that complies with federal statutes and regulations; or (E) any facilities of any electric utility used solely for operating its electric utility systems. 6. "City" means the City of Medina, a municipal corporation of the State of Washington, and all of the area within its boundaries, as such may change from time to time. 7. "City Council" means the Medina City Council, or its successor, the governing body of the City. 8. "Customer" means any person who elects to subscribe to, for any purpose, Cable Service provided by a Franchisee by means of or in connection with the Cable System and whose premises are physically wired and lawfully activated to receive Cable Service from Franchisee's Cable System. 9. "Customer Service Representative" or "CSR" shall mean any person employed by the Cable Operator to assist or provide service to Customers, whether by answering public telephone lines, answering Customers' questions or performing other Customer service related tasks. 10. "Customer Service Standards" means those customer service standards set forth herein and as hereafter amended that are applicable to Cable Operators. 11. "FCC" means the Federal Communications Commission. 2 PH-1 12. "Franchise" means an agreement that authorizes a person or entity to construct, operate, maintain or reconstruct a Cable System. Upon the written acceptance by a Franchisee, the agreement constitutes a contract between the City and Franchisee. 13. "Franchise Area" means the area within the jurisdictional boundaries of the City to be served by a Franchisee as specified in the Franchise. 14. "Franchisee" means the person, firm, corporation or entity to whom or which a Franchise, as hereinabove defined, is granted by the City Council under this Ordinance and the lawful successor, transferee or assignee of said person, firm, corporation or entity. 15. "Normal Business Hours" shall mean those hours during which most similar businesses in the City are open to serve Customers. In all cases, "normal business hours" must include some evening hours at least one night per week and/or some weekend hours. 16. "Normal Operating Conditions" shall mean those service conditions that are within the control of the Cable Operator. Those conditions that are not within the control of the Cable Operator include, but are not limited to, natural disasters, civil disturbances, power outages, telephone network outages and severe or unusual weather conditions. Those conditions that are ordinarily within the control of the Cable Operator include, but are not limited to, special promotions, pay -per - view events, rate increases, regular peak or seasonal demand periods and maintenance or upgrade of the cable system. 17. "Right -of -Way" or "Rights -of -Way" means all of the following which have been dedicated to the public or are hereafter dedicated to the public and maintained under public authority or by others and are located within the City: streets, roadways, highways, avenues, lanes, alleys, bridges, sidewalks, easements and similar public property and areas. 18. "Service Interruption" shall mean the loss of picture or sound on one or more cable channels. Section 4. Franchise Grant. It is unlawful to engage in or commence construction, operation or maintenance of a Cable System in the City without a Franchise issued under this Ordinance. The City Council may, by ordinance, issue a nonexclusive Franchise to construct, operate and maintain a Cable System within all or any portion of the City to any person or entity, whether operating under an existing franchise or not, who applies for authority to furnish Cable Service which complies with the terms and conditions of this Ordinance, and provided that such person or entity also agrees to comply with all of the provisions of the Franchise. However, this shall not be deemed to require the grant of a Franchise to any particular person or entity. The City Council may restrict the number of Franchises should it determine such a restriction would be in the public interest. it=i Section 5. Franchise Purposes. A Franchise granted by the City under the provisions of this Ordinance shall: A. Permit the Franchisee to engage in the business of operating a Cable System and providing Cable Service within the City; B. Permit the Franchisee to erect, install, construct, repair, reconstruct, replace and retain wires, cables, related electronic equipment, conduits and other property in connection with the operation of the Cable System in, on, over, under, upon, along and across Rights -of -Way within the City; and C. Set forth the obligations of the Franchisee under the Franchise. Section 6. Nonexclusive Franchise. Any Franchise granted pursuant to this Ordinance shall be nonexclusive and shall not preclude the City from granting other or future Franchises or permits. Section 7. Application. A. An Applicant for an initial Franchise shall submit to the City a written application on a form provided by the City, at the time and place specified by the City for accepting applications, and accompanied by the designated application fee. An application fee in the amount of $20,000 shall accompany the application to cover costs associated with processing the application, including, without limitation, costs of administrative review, financial, legal and technical evaluation of the Applicant, the costs of consultants, notice and publication requirements, and document preparation expenses. In the event such costs exceed the application fee, the Applicant shall pay the difference to the City within thirty (30) days following receipt of an itemized statement of such costs. Conversely, if such costs are less than the application fee, the City shall refund the difference to the Applicant. B. An application for an initial Franchise for a Cable System shall contain, at a minimum: 1. A statement as to the proposed Franchise and information relating to the characteristics and location of the proposed Cable System; 2. A resume of prior history of the Applicant, including the expertise of the Applicant in the Cable System field; 3. Information demonstrating the Applicant's legal, technical and financial ability to construct and operate the proposed Cable System; 4. A list of the partners, general and limited, of the Applicant, if a partnership, members, if a limited liability company, or the percentage of stock owned or controlled by each stockholder having a five percent (5%) or greater interest, if a corporation; 4 PH-1 5. A list of officers, directors and key employees of the Applicant, together with a description of the background and experience of all such persons; 6. The names and addresses of any parent entity or subsidiary of the Applicant or any other business entity owning or controlling the Applicant in whole or in part, or owned or controlled in whole or in part by the Applicant; 7. A proposed construction and service schedule; 8. Any other reasonable information that the City may request. The City shall be allowed the opportunity to ask relevant follow-up questions and obtain further information from whatever source. A refusal by an Applicant to cooperate or provide requested information is sufficient grounds for the City to deny an application. C. Upon receipt of an application for an initial Franchise and after obtaining any additional information the City in its sole discretion deems appropriate from any source, a hearing shall be scheduled to allow public comment. At the hearing, the City Council shall receive public comment regarding the following: Whether the public will benefit from granting a Franchise to the Applicant; 2. Whether the Applicant appears to have adequate legal, financial and technical qualifications and capabilities to build, operate and maintain a Cable System in the City, 3. Whether the Applicant has any conflicting interests, either financial or commercial, that will be contrary to the interests of the City; 4. Whether the Applicant will comply with all of the terms and conditions placed upon a Franchisee by the Franchise, this Ordinance and other applicable local laws and regulations; 5. Whether the Applicant will comply with all relevant federal and state laws and regulations pertaining to the construction, operation and maintenance of the Cable System. D. Within sixty (60) days after the close of the hearing, the City Council shall decide whether to grant a Franchise and on what conditions. The City Council's decision shall be based upon the application, any additional information submitted by the Applicant or obtained by the City from any source and public comments. The City Council may grant one (1) or more Franchises or may decline to grant any Franchise. Section 8. Duration. The term of any Franchise, and all rights, privileges, obligations and restrictions pertaining thereto, shall be specified in the Franchise. The effective date of any Franchise shall be as specified in the Franchise. PH-1 Section 9. Franchise Territory. The Franchise territory shall include all areas within the City or a lesser area as specified in the Franchise. Section 10. Police Powers. In accepting any Franchise, the Franchisee acknowledges that its rights thereunder are subject to the police powers of the City to adopt and enforce ordinances necessary for the health, safety and welfare of the public, and it agrees to comply with all applicable laws enacted by the City pursuant to such power. Section 11. Use of Rights -of -Way. For the purposes of operating and maintaining a Cable System in the City, a Franchisee may place and maintain within the Rights -of -Way such property and equipment as are necessary and appurtenant to the operation of the Cable System. Prior to construction of the Cable System in the Rights -of -Way, the Franchisee shall procure all necessary permits, pay all applicable fees in connection therewith and comply with all applicable laws, regulations, resolutions and ordinances, including, but not limited to, land use and zoning requirements. Section 12. Pole or Conduit Agreements. No Franchise shall relieve Franchisee of any of its obligations involved in obtaining pole or conduit agreements from any department of the City, any utility company or from others maintaining facilities in the Rights -of -Way. Section 13. Franchise Fees. The Franchisee shall pay the City franchise fees in accordance with the terms of the Franchise. Section 14. Taxes. Nothing in this Ordinance shall limit the Franchisee's obligation to pay applicable local, state and federal taxes. Section 15. Customer Service Standards. A. EaI4. A Cable Operator will first resolve Customer inquiries and complaints without delay and without involvement of the City. Where a given complaint is not addressed by the Cable Operator to the Customer's satisfaction, the City may intervene. These standards are intended to be of general application. A Cable Operator is free to exceed these standards for the benefit of its Customers. However, the Cable Operator shall be G PH-1 relieved of obligations hereunder if it is unable to perform due to a force majeure event affecting a significant portion of the Franchise Area. MENEFERMI 'r 1. Courtes . All employees of the Cable Operator shall be courteous, knowledgeable and helpful and shall provide effective and satisfactory service in all contacts with Customers. 2. Availahilil: and Accessihilit; — In Person. The Cable Operator must maintain, at a minimum, one (1) full service customer service center or, alternatively, two (2) co - location customer service locations conveniently located on the Eastside. The full service customer service location shall at all times allow Customers to make payments, return equipment or get assistance from knowledgeable staff. The full service customer service center or other locations shall be open Monday through Saturday, excluding legal holidays, with sufficient hours necessary to meet Customer demand. If the full service customer service center or other locations is/are required to relocate, the Cable Operator shall be allowed a reasonable period of time to establish a new location. 3. Availahilit and AccessibJ14 — On the Te1Thnne.. A CSR will be available to respond to Customer inquiries during normal business hours. The Cable Operator shall maintain local or toll free telephone access lines that shall be available during normal business hours for service/repair requests and billing inquiries. The Cable Operator shall retain sufficient CSRs and telephone line capacity to ensure that, during normal operating conditions, telephone calls to service/repair and billing inquiry lines are answered within thirty (30) seconds or less, and that any transfers are made within thirty (30) seconds. This standard shall be met no less than ninety (90) percent of the time, measured on a quarterly basis under normal operating conditions. Under normal operating conditions, the total number of calls receiving busy signals shall not exceed three percent (3%) of the total telephone calls. The Cable Operator shall not be required to acquire equipment or perform surveys to measure compliance with any of the telephone answering standards above unless and until the City requests such actions based on a historical record of Customer complaints indicating a clear failure to comply. 1. The Cable Operator shall complete all standard installations within seven (7) business days after an order has been placed, unless otherwise requested by the Customer. "Standard" installations shall include those that are located within 125 aerial feet of the Cable Operator's distribution system. This standard must be met ninety-five percent (95%) of the time under normal operating conditions as measured on a quarterly basis. If the Customer requests a non- standard installation, or the Cable Operator determines that a non-standard installation is required, the Cable Operator shall provide the Customer in advance with a total installation cost estimate and an estimated date of completion. 7 PH-1 2. Under normal operating conditions, all temporary cable drops shall be converted to a permanent drop within no more than three (3) calendar weeks from the initial installation or at a time mutually agreed upon between the Cable Operator and Customer. 3. Customers requesting installation of cable service or repair service to an existing installation may choose any available four (4) hour block of time for the appointment during normal business hours. 4. The Cable Operator shall be deemed to have responded to a request for service under the provisions of this subsection when a technician arrives within the agreed upon time. If the Customer is absent when the technician arrives, the technician shall leave written notification of timely arrival. A record that notice was provided shall be kept by the Cable Operator. 5. If a Cable Operator representative fails to keep an installation or service appointment for any reason, the Cable Operator will contact the Customer before the end of the scheduled appointment and reschedule the appointment at a time convenient for the Customer. 6. The Cable Operator shall respond to a Customer's letter in writing within one (1) week of receipt of the letter. The Cable Operator shall respond to a Customer's inquiry, complaint, general question or comment made by telephone or e-mail within forty-eight (48) hours. 7. Any difficulties that cannot be resolved by the CSR shall be referred to the appropriate supervisor who shall use his/her best efforts to contact the Customer within eight (8) hours of initial contact and resolve the problem within a mutually agreeable timeframe. 1. The Cable Operator shall render efficient service, make repairs promptly and interrupt service only for good cause and for the shortest time possible. Scheduled interruptions that the Cable Operator anticipates will last more than four (4) hours shall occur during periods of minimum use of the cable system as reasonably determined by the Cable Operator. 2. If a Customer calls to report poor signal quality or interruptions attributable to the Cable Operator's equipment, the Cable Operator shall begin working on the problem no later than the next day following the Customer's call, provided that the Customer is available or at such later time as is convenient for the Customer. If an appointment is necessary, the Customer may choose a four (4) hour block of time during normal business hours or such other time that is convenient for the Customer. 3. Upon discovery of an outage affecting three (3) or more Customers, the Cable Operator shall initiate its outage repair process within two (2) hours, under normal operating conditions. 4. The Cable Operator shall initiate repairs to Customer reported service interruptions, for any cause beyond the control of the Cable Operator, within twenty-four (24) hours after the conditions beyond its control have been corrected. N. i:Mi 5. Under normal operating conditions, if after twenty-four (24) hours service is not restored to a Customer, the Cable Operator shall, upon a Customer's request, provide a refund or credit or other compensation of equal or greater value. 6. The Cable Operator will track and record all outages and service interruptions that occur within the Franchise Area. 7. The Cable Operator shall endeavor to notify the City the next business day of any outage of at least one (1) continuous hour that affects 100 or more of its Customers. I :-I it M.M1 I STSTM The Cable Operator shall provide a clear and concise bill every month. 2. If a Customer requests disconnection of any or all services, billing for affected services shall end on the same day as the request, or on the future date for which the disconnect is ordered. However, the Customer may continue to be billed for equipment until returned to the Cable Operator. The Cable Operator shall issue a credit or refund to a Customer within thirty (30) business days after the close of the billing cycle following the return of the equipment and request for disconnection. If a Customer was required to provide a deposit, that deposit must be returned with any interest accrued on the deposit. -.gu-i a' 1. Removal or trimming of trees and shrubs in the Right -of -Way will be subject to the regulations of the City. 2. The Cable Operator shall repair any damage or restore any property to as good a condition as before the work causing such damage or disturbance was initiated. The Cable Operator shall repair, replace or compensate all property owners for damages resulting from the Cable Operator's installation, construction, service or repair activities. 3. Except in the case of an emergency involving public safety or service interruption to a large number of Customers, the Cable Operator shall give reasonable notice to property owners or legal tenants prior to entering upon private premises, and the notice shall specify the work to be performed; provided that, in the case of planned construction operations, such notice shall be delivered or provided at least twenty-four (24) hours prior to entry. All work done in the Right -of -Way shall be subject to time requirements of the permit. 4. Nothing herein shall be construed as authorizing access or entry to private property, or any other property, where such right to access or entry is not otherwise provided by law. 5. For the installation of pedestals or other major construction or installation projects, the Cable Operator shall notify by mail or door hanger the adjacent property owners/legal tenants in advance of the Right -of -Way work. In the case of an emergency, the Cable Operator shall 0 PH-1 attempt to contact the property owner or legal tenant in person, and in the event personal contact is not made, the Cable Operator shall leave a door hanger notice. 6. The Cable Operator shall clean all areas surrounding any work site of debris caused by the Cable Operator's activities and ensure that all cable materials are disposed of properly. 1. For any Customer with a disability, the Cable Operator shall at no charge deliver and pick up converters at the Customer's home. In the case of malfunctioning equipment, the Cable Operator's service technician shall provide and install substitute equipment, ensure that it is working properly and recover the defective equipment for the Cable Operator at that time. 2. The Cable Operator shall provide TDD/TYY service with trained operators who can provide every type of assistance for any hearing -impaired Customer at no charge. 3. The Cable Operator shall provide free use of a remote control unit to mobility - impaired Customers. 4. Any Customer with a disability may request the remote control unit or special services described above by providing the Cable Operator with a letter from the Customer's physician stating the need, any other official certification of disability or by making the request to the Cable Operator's installer or service technician, where the need for the special equipment or services can be visually confirmed. 1. The Cable Operator shall provide to Customers an accurate, comprehensive service agreement and Customer installation packet for use in establishing Customer service. The installation packet shall also be provided during any reconnection or cable service upgrade requiring a home visit by the Cable Operator (excluding reconnections to the same Customer within 12 months). Upon installation and annually thereafter or at any time the Customer requests, the Cable Operator shall provide the following information, in clear, concise written form: a. Products and services offered by the Cable Operator, including channel positions of programming carried on the cable system. b. The Cable Operator's complete range of service options and the prices for those services and conditions of subscription to programming and other services. C. Installation and service maintenance policies, including the Customer's and Cable Operator's responsibilities for equipment. d. Billing and complaint procedures for investigation and resolution of Customer service complaints, including the address and telephone number of the Cable Operator's offiice(s), the Cable Operator's policies on deposits, credit balances and returned check charges. 10 PH-1 e. Policies concerning protection of Customer privacy. f. The availability of a parental control/lock out device and the procedures for channel blocking. g. Days, hours of operation and customer service location(s). h. Information on how to contact the City person who is responsible for administering the franchise including the address, telephone number and e-mail address. i. Service termination procedure. j. A description of the manner that will be used to provide notice of changes in rates, services or service terms and conditions. k. The address and phone number of the Customer Service Department that is responsible for handling cable questions and complaints for the Cable Operator. This information shall be prominently displayed in the installation packet. 2. Upon request by the City, a sample of the required notices provided to the Customer shall be provided to the City. 3. The Cable Operator shall provide Customers with written notification of any changes in rates, programming, services or channel positions as soon as possible in writing. Customers shall be given a description of the changes, their options for changing services they receive, a phone number for questions and the effective date. Notice must be given to Customers a minimum of thirty (30) days in advance of such changes if the change is within the control of the Cable Operator. In addition, the Cable Operator shall notify Customers thirty (30) days in advance of any significant changes in the other information required by the above subsection. Within thirty (30) days following material policy changes, information regarding the changes will be provided to Customers. 4. All officers, agents and employees of the Cable Operator, its contractors and subcontractors who are in personal contact with Customers shall have visible identification cards bearing their name and photograph. 5. Every vehicle of the Cable Operator used for providing services to Customers shall be clearly identified to the public as working for the Cable Operator. 1. Sam. 1. The Cable Operator shall install and locate its facilities, cable system and equipment in compliance with all federal, state, local and company safety standards, and in such manner as shall not unduly interfere with or endanger persons or property. 11 PH-1 2. Whenever the Cable Operator receives notice that an unsafe condition exists with respect to its equipment, the Cable Operator shall investigate such condition immediately, and shall take such measures as are necessary to remove or eliminate any unsafe condition. 1. The Cable Operator shall establish written procedures for receiving, acting upon and resolving Customer complaints, and crediting Customer accounts in accordance with company policies, and shall publicize such procedures through printed documents at the Cable Operator's sole expense. 2. The written procedures shall describe a simple process by which any Customer may submit a complaint in person or by telephone, electronic mail or by letter to the Cable Operator regarding an alleged violation of any provision of these Customer service standards, any terms or conditions of the Customer's contract with the Cable Operator or reasonable business practices. 3. The Cable Operator will use its best efforts to resolve Customer concerns or complaints at the first contact. 4. The Cable Operator shall also notify the Customer of the Customer's right to file a complaint with the City in the event the Customer is dissatisfied with the Cable Operator's decision. $. Complaints, to the City. Any Customer shall be entitled to lodge any complaint directly with the City. The Customer may lodge the complaint either by calling the City or by filing a written complaint, by letter or in electronic form. 6. If the City decides that further action is warranted, the City may intercede and attempt to help reach a resolution and/or require the Cable Operator to address the inquiry within twenty-four (24) hours. Upon request by the City, the Cable Operator shall notify the City of the status of the inquiry within forty-eight (48) hours and any subsequent resolution. 7. The Cable Operator shall maintain, in a manner consistent with the privacy rights of Customers, an accurate and comprehensive file of complaints regarding the cable system or the Cable Operator's operation of the cable system, by number and type and their disposition; service requests, identifying the number and nature of the requests and their disposition; outages, service interruptions and their disposition; and Customer privacy information. 8. Overall nay of service. The City may evaluate the overall quality of Customer service provided by the Cable Operator to Customers in the City, at its sole discretion, based on the number of Customer complaints received directly by the City or reported by the Cable Operator in its reports. K. Verification of Comb liane.. Upon written request by the City, the Cable Operator shall document its compliance with all of the Standards required through quarterly reports. 12 PH-1 L. Non ,omnliance with Standards. Noncompliance with any provision of these Standards may result in a violation of the franchise. M. Reme, )jng_Violations. If the City has reason to believe that the Cable Operator has failed to comply with any of these Standards, or has failed to perform in a timely manner, or if similar complaints repetitively arise, the City may require in writing that the Cable Operator remedy the alleged noncompliance. If the alleged noncompliance is denied or not remedied to the satisfaction of the City, the City may opt to follow the liquidated damages procedures or seek other remedies set forth in the Franchise, or pursue any other remedies at law or in equity. Section 16. Other Authorizations. Franchisee shall comply with and obtain, at its own expense, all permits, licenses and other authorizations required by federal, state and local laws, rules, regulations and applicable resolutions and ordinances which are now existing or hereafter lawfully adopted. Section 17. Rules and Regulations of the City. In addition to the inherent powers of the City to regulate and control any Franchise it issues, the authority granted to it by the Cable Act, and those powers expressly reserved by the City, or agreed to and provided for in a Franchise, the right and power is reserved by the City to promulgate such additional rules and regulations as it may find necessary in the exercise of its lawful powers and in furtherance of the terms and conditions of a Franchise and this Ordinance, and as permitted by applicable state and federal law. Section 18. Delegation of Powers. Any right or power of the City may be delegated by the City to any officer, employee, department or board of the City, or to such other person or entity as the City may designate to act on its behalf. Section 19. Coverage. Franchisee shall design, construct and maintain its Cable System to pass every residential dwelling unit in the Franchise Area, subject to any density requirements contained within the Franchise. Section 20. Technical Standards. Franchisee shall construct, install, operate and maintain its Cable System in a manner consistent with all applicable federal, state and local laws and regulations, FCC technical standards and any other applicable standards set forth in the Franchise. Section 21. Construction Standards. 13 PH-1 A. All facilities constructed or operated under this Ordinance shall be installed and maintained at such places in or upon such Rights -of -Way and public places as shall not interfere with the free passage of traffic and the free use of adjoining property, and shall conform to federal standards, State requirements, and City regulations. B. Franchisee shall be subject to any and all requirements established by the City with regard to the placement and screening of Franchisee's facilities and equipment located in the Rights - of -Way and on other public property. Such requirements may include, but are not limited to, the use of landscaping to screen pedestals and cabinets and a requirement that construction be flush with the natural grade of the surrounding area. C. The Franchisee shall comply with any applicable ordinances, resolutions and regulations of the City regarding geographic information systems mapping for users of the Rights -of - Way, provided that all similarly situated users of the Rights -of -Way must also accordingly comply. Section 22. Street Cut or Repair. The Franchisee shall guarantee the durability and structural integrity of any street cut or repair made by it or its agents which is necessary for the construction, installation, operation, repair or maintenance of Franchisee's facilities for the life of the street, provided that no action by an unrelated third party materially affects the integrity of Franchisee's street cut or repair. Franchisee shall repair or replace, at no expense to the City, any failed street cut or repair which was completed by Franchisee or Franchisee's agent(s), as determined by the City. Section 23. Safety Requirements. The Franchisee shall, at all times, employ professional care and install, maintain and use commonly accepted methods and devices for preventing failures and accidents which are likely to cause damage, injuries or nuisances to the public. In furtherance thereof, the Franchisee must comply with the City's traffic control requirements, including, for example, but without limitation, the use of signal devices, warning signs and flaggers when appropriate. All of Franchisee's structures, cables, lines, equipment and connections in, over, under and upon the Rights -of -Way and public ways or other places in the Franchise Area, wherever situated or located, shall at all times be kept and maintained in a safe condition. Section 24. Regulation of Rates and Charges. The City may regulate Franchisee's rates and charges to the full extent permitted by law. Section 25. Privacy. The Franchisee will be bound by all of the provisions of applicable federal, state and local privacy laws. 1.4 PH-1 Section 26. Discriminatory Practices Prohibited. A. The Franchisee shall not deny Cable Service or otherwise discriminate against Customers or others on the basis of race, color, religion, national origin, sex, age, disability or other protected classes. B. Access to Cable Service shall not be denied to any group of potential residential Customers because of the income of the residents of the local area in which such group resides. Section 27. Equal Employment Opportunity. The Franchisee shall strictly adhere to and comply with the equal employment opportunity requirements of federal, state and local laws. Section 28. Reimbursement. To the extent allowed by applicable law, the City may require a Franchisee to reimburse the City for the City's reasonable processing and review expenses, such costs not to exceed $20,000, in connection with a sale or transfer of a Franchise or a change in control of a Franchise or Franchisee, including, without limitation, costs of administrative review, financial, legal and technical evaluation of the proposed transferee or controlling party, costs of consultants, notice and publication costs, and document preparation expenses. In connection with the foregoing, the City will send Franchisee an itemized description of all such charges, and Franchisee shall pay such amount within thirty (30) days after the receipt of such description. Section 29. Franchise Renewal. Franchise renewals shall be conducted in accordance with applicable law. The City and Franchisee, by mutual consent, may enter into renewal negotiations at any time during the term of a Franchise. Section 30. Franchise Revocation. Any Franchise granted by the City may be revoked during the period of such Franchise, as provided in the Franchise, subject to the procedural requirements provided for therein. A failure by the Franchisee to comply with any of the material provisions of this Ordinance shall be deemed a material violation of a Franchise. Section 31. Miscellaneous Provisions. A. This Ordinance shall be construed in a manner consistent with all applicable federal, state and local laws, and shall apply to any Franchise hereafter accepted by a Franchisee. B. The captions throughout this Ordinance are intended to facilitate the reading hereof. Such captions shall not affect the meaning or interpretation of any part of this Ordinance. 15 PH-1 C. A Franchisee shall not be relieved of its obligations to comply with any or all of the provisions of this Ordinance by reason of any failure of the City to demand prompt compliance. D. The provisions of this Ordinance shall apply to all Cable Operators and Cable Systems to the greatest extent permissible under applicable law. Section 32. Severability. If any section, subsection, paragraph or provision of this Ordinance is determined to be illegal, invalid or unconstitutional by any court or agency of competent jurisdiction, such determination shall have no effect on the validity of any other section, subsection, paragraph or provision of this Ordinance, all of which will remain in full force and effect. PASSED by the City Council and APPROVED by the Mayor this day of .2007. ATTEST: City Clerk Approved as to form: By City Attorney Date of Publication: Effective Date: CITY OF MEDINA, WASHINGTON UZ Mayor 16 CITY OF MEDINA ORDINANCE NO. AN ORDINANCE OF THE CITY OF MEDINA, WASHINGTON GRANTING A NON-EXCLUSIVE FRANCHISE TO COMCAST OF WASHINGTON IV, INC., AND COMCAST OF BELLEVUE, INC., FOR OPERATION OF A CABLE COMMUNICATIONS SERVICE. WHEREAS, the City of Medina has been in negotiations with Comcast of Washington IV, Inc., and Comcast of Bellevue, Inc., (hereafter, collectively "Grantee"); and WHEREAS, the parties are in agreement on the form of a franchise for cable communications service; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MEDINA, WASHINGTON, DO ORDAIN AS FOLLOWS: SECTION 1. The City hereby grants a non-exclusive franchise to Grantee to operate a cable communications service in Medina. The terms of the franchise are set forth on Exhibit A, attached hereto and incorporated herein by this reference as if set forth in full. SECTION 2. All prior franchises and agreements with Grantee are terminated upon acceptance of this franchise by Grantee. SECTION 3. This ordinance shall be in full force and effect five (5) days after passage and publication of this ordinance. PASSED BY THE CITY COUNCIL ON THIS DAY OF , 2007 AND SIGNED IN AUTHENTICATION OF ITS PASSAGE ON THE DAY OF .2007. Approved as to form: Miles Adam, Mayor Attest: Wayne D. Tanaka, City Attorney Rachel Baker, City Clerk { WDT672580.DOC;1l00093.900000i1 I PH-1 On approved Ordinance No follows: SUMMARY OF ORDINANCE NO _ of the City of Medina, Washington 2007, the City Council of the City of Medina, Washington, , the main points of which are summarized by its title as AN ORDINANCE GRANTING A FRANCHISE TO COMCAST OF WASHINGTON IV, INC., AND COMCAST OF BELLEVUE, INC., FOR OPERATION OF A CABLE COMMUNICATIONS SERVICE. The full text of this ordinance will be mailed upon request. APPROVED by the City Council at their meeting of Rachel Baker, City Clerk { WDT672580.DOC;1 /00093.900000/} 2 2007. PH-1 CABLE FRANCHISE This Cable Franchise ("Franchise") is entered into in Medina, Washington, this day of , 2007, by and between the City of Medina, Washington, a municipal corporation, (hereinafter "City") and Comcast of Washington W, Inc. and Comcast of Bellevue, Inc. (hereinafter collectively "Grantee"). The City and Grantee are sometimes referred to hereinafter as the "parties." WHEREAS, the City has reviewed Grantee's performance under the prior franchise and the quality of service during the prior franchise term, has identified the future cable -related needs and interests of the City and its citizens, and has determined that Grantee's plans for operating and maintaining its Cable System are adequate; and WHEREAS, the public has had adequate notice and opportunity to comment on this Franchise during a public proceeding; and WHEREAS, the City has a legitimate and necessary regulatory role in ensuring the availability of state-of-the-art cable communications service, the high technical capability and reliability of a cable system in the Franchise Area, the availability of local programming and quality customer service; and WHEREAS, diversity in Cable Service is an important policy goal and the Grantee's Cable System should offer a broad range of programming services; and WHEREAS, flexibility to respond to changes in technology and Subscriber interests within the Cable Service market should be an essential characteristic of this Franchise; and WHEREAS, the City is authorized by applicable law to grant one or more nonexclusive franchises to construct, operate and maintain a cable system within the boundaries of the City. NOW, THEREFORE, in consideration of the mutual promises made herein, and other good and valuable consideration, the receipt and adequacy of which are hereby acknowledged, the City and Grantee do hereby agree as follows: SECTION 1. DEFINITIONS For the purposes of this Franchise, the following terms, phrases, words and their derivations shall have the meanings given herein. When not inconsistent with the context, words used in the present tense include the future, words in the plural include the singular, and words in the singular include the plural. Words not defined shall be given their common and ordinary meaning. The word "shall" is always mandatory and not merely directory. 1.1 "Access" means the availability for Non -Commercial use by various governmental and educational agencies, institutions and organizations in the community, including the City and its designees, of a particular Channel on the Cable System to distribute programming to Subscribers, as permitted under applicable law and this Franchise. PH-1 (A) "Government Access" means Access where governmental institutions or their designees are the primary users having editorial control over programming and services. 1.2 "Access Channel" means a Channel designated for Access purposes or otherwise made available to facilitate or transmit Access programming. 1.3 "Affiliate" when used in connection with Grantee means any Person who owns or controls, is owned or controlled by, or is under common ownership or control with Grantee. 1.4 "Bad Debt" means amounts lawfully owed by a Subscriber and accrued as revenues on the books of Grantee, but not collected after reasonable efforts by Grantee. 1.5 "Basic Service" means the lowest Tier of Cable Service that includes, at a minimum, the retransmission of local television broadcast signals and Access programming. 1.6 "Cable Act" means the Cable Communications Policy Act of 1984, as amended by the Cable Television Consumer Protection and Competition Act of 1992, and the Telecommunications Act of 1996, and any amendments thereto. 1.7 "Cable Operator" means any Person or groups of Persons, including Grantee, who provides Cable Service over the Cable System and directly or through one or more Affiliates owns a significant interest in such Cable System or who otherwise control(s) or is(are) responsible for, through any arrangement, the management and operation of such a Cable System. 1.8 "Cable Service" means the one-way transmission to Subscribers of Video Programming, or other programming service and Subscriber interaction, if any, which is required for the selection or use of such Video Programming or other programming service. 1.9 "Cable System" means the Grantee's facility in the Franchise Area, consisting of a set of closed transmission paths and associated signal generation, reception and control equipment that is designed to provide Cable Service which includes Video Programming and which is provided to multiple Subscribers within a community, but such term does not include (1) a facility that serves only to retransmit the television signals of one or more television broadcast stations; (2) a facility that serves Subscribers without using any public Right -of -Way; (3) a facility of a common carrier which is subject, in whole or in part, to the provisions of Title II of the federal Communications Act (47 U.S.C. 201 et seq.), except that such facility shall be considered a Cable System (other than for purposes of 47 U.S.C. 541(c)) to the extent such facility is used in the transmission of Video Programming directly to Subscribers, unless the extent of such use is solely to provide interactive on -demand services; (4) an open video system that complies with 47 U.S.C. 573; or (5) any facilities of any electric utility used solely for operating its electric utility systems. 1.10 "Channel" means a portion of the frequency band capable of carrying a Video Programming Service, an audio service or a combination of Video Programming services and audio services, whether delivered in an analog or digital format. 1.11 "City" means the City of Medina, Washington, a municipal corporation. 2 PH-1 1.12 "Complaint" means a Subscriber contact with the Grantee to express a grievance or dissatisfaction concerning Cable Service. Complaints do not include matters not within the regulatory control of the City. A Complaint may be verbal or in writing but need not include initial contacts where an issue is promptly resolved to the Subscriber's satisfaction. 1.13 "Designated Access Provider" means the entity or entities designated by the City to manage or co -manage an Access Channel and facilities. The City may also be a Designated Access Provider. 1.14 "Dwelling Unit" means any residential building, or each portion thereof that has independent living facilities, including provisions for cooking, sanitation and sleeping and that is designed for residential occupancy. Buildings containing more than one set of facilities for cooking are multiple unit buildings unless the additional facilities are clearly accessory. 1.15 "Expanded Basic Service" means cable programming services not included in the Basic Service and excluding, for example, premium or Pay -Per -View Services. 1.16 "FCC" means the Federal Communications Commission or its lawful successor. 1.17 "Franchise" means this document, a contractual agreement, and any amendments and modifications thereto executed between the City and Grantee, containing the specific provisions of the authorization granted to operate a Cable System in the City. 1.18 "Franchise Area" means the area within the jurisdictional boundaries of the City, including any areas annexed by the City during the term of this Franchise. 1.19 "Gross Revenues" means all revenue derived directly or indirectly by the Grantee, or by Grantee's Affiliates, from the operation of Grantee's Cable System to provide Cable Services in the Franchise Area. Gross Revenues include, by way of illustration and not limitation, monthly fees charged Subscribers for Cable Services including Basic Service and all other Tiers of Cable Service; Pay -Per -View Service; Cable Service installation, disconnection, change -in-service and reconnection fees, Leased Access Channel fees, late fees, payments received by the Grantee from programmers for carriage of Cable Services on the Cable System and recognized as revenue under generally accepted accounting principles ("GAAP'), revenues from rentals of Cable System equipment such as converters; advertising revenues; advertising sales commissions if recognized as revenue under GAAP; additional outlet fees, Franchise Fees if any, and revenues from home shopping Channels. Gross Revenues shall not include (i) Bad Debt, provided, however, that all or part of any such Bad Debt that is written off but subsequently collected shall be included in Gross Revenues in the period collected; (ii) capital advances and monthly Capital Contributions referenced in subsections 9.5 and 9.6; or (iii) any taxes on services furnished by the Grantee which are imposed directly on any Subscriber or user by the State, City or other governmental unit and which are collected by the Grantee on behalf of said governmental unit. The Franchise Fees are not such a tax and are therefore included in Gross Revenues. PH-1 1.20 "Headend" means Grantee's primary facility for signal reception and dissemination on the Cable System, including cables, antennas, wires, satellite dishes, monitors, switchers, modulators, processors and other related equipment. 1.21 "Leased Access Channel" means any Channel or portion of a Channel commercially available for programming in accordance with Section 612 of the Cable Act. 1.22 "Non -Commercial" means, in the context of an Access Channel, that particular products and services are not promoted or sold for commercial gain. This term will not be interpreted to prohibit an Access Channel operator or programmer from soliciting and receiving financial support to produce and transmit Video Programming on an Access Channel, or from acknowledging a contribution. 1.23 "Pay -Per -View Service" means programming offered on a per -program or per -event basis for which a separate fee is charged. 1.24 "Person" means any individual, partnership, association, joint stock company, trust, corporation, governmental entity (but shall not mean the City) or other entity. 1.25 "Right -of -Way" or "Rights -of -Way" means the surface of, and the space above and below, any public street, highway, freeway, bridge, land path, alley, court, boulevard, sidewalk, way, lane, public way, drive, circle or other'public Right -of -Way, including, but not limited to, utility easements, dedicated utility strips, or Rights -of -Way dedicated for compatible uses now or hereafter held by the City in the Franchise Area, which shall entitle the Grantee to the use thereof for the purpose of installing, operating, repairing, upgrading and maintaining the Cable System. Right -of -Way shall also mean any easement now or hereafter held by the City within the Franchise Area for the purpose of public travel or for utility or public service use dedicated for compatible uses. 1.26 "School" means any State accredited public educational institution including, for example, primary and secondary Schools (K 12). 1.27 "State" means the State of Washington. 1.28 "Subscriber" means any Person who lawfully receives Cable Service provided by Grantee by means of the Cable System and whose premises are physically wired and lawfully activated to receive Cable Service from Grantee's Cable System. 1.29 "Tier" means a group of Channels for which a separate periodic rate is charged. 1.30 "Video Programming" means programming provided by, or generally considered comparable to programming provided by cable programmers or a television broadcast station. SECTION 2. GRANT OF FRANCHISE 2.1 Grant (A) The City hereby grants. to Grantee a nonexclusive Franchise authorizing the Grantee to construct and operate a Cable System in, along, among, upon, across, above, over, under, or in any M PH-1 manner connected with Rights -of -Ways within the Franchise Area, and for that purpose to install, construct, repair, replace, reconstruct, maintain, or retain in, on, over, under, upon, across, or along any Right -of -Way such wires, cables, conductors, ducts, conduits, vaults, manholes, pedestals, amplifiers, appliances, attachments, and other related property or equipment and use existing poles as may be necessary or appurtenant for the deployment of Cable Services over the Cable System. This Franchise shall constitute both a right and an obligation to provide the Cable Services required herein. (B) Grantee, through this Franchise, is granted the right to operate its Cable System using the Rights -of -Way within the Franchise Area. Such use must be in compliance with all lawfully enacted and applicable Municipal Code provisions. In the event of a conflict between the Municipal Code and this Franchise, this Franchise shall control. Subject to federal and State preemption, the material terms and conditions contained in this Franchise may not be unilaterally altered by the City through subsequent amendments to any ordinance, regulation, resolution or other enactment of the City, except within the lawful exercise of the City's police power. The Grantee agrees to comply with all lawful and generally applicable City ordinances. Grantee has the right to challenge any City ordinance or regulation that conflicts with its rights under this Franchise. Grantee acknowledges that its rights hereunder are subject to the police powers of the City to adopt and enforce ordinances necessary to protect the health, safety and welfare of the public, and Grantee agrees to comply with all applicable general laws and ordinances enacted by the City pursuant to such power. (C) This Franchise shall not be interpreted to prevent the City from lawfully imposing additional conditions, including additional compensation conditions for use of the Rights -of -Way, should Grantee provide service other than Cable Service. (D) Grantee guarantees, as a condition of exercising the privileges granted by this Franchise, that any Affiliate of the Grantee offering Cable Service in the Franchise Area, or directly involved in the management or operation of the Cable System in the Franchise Area, will also comply with the terms and conditions of this Franchise. (E) No rights shall pass to Grantee by implication. Without limiting the foregoing, by way of example and not limitation, this Franchise shall not include or be a substitute for: (1) Any other permit or authorization required for the privilege of transacting and carrying on a business within the City that may be required by the ordinances and laws of the City; (2) Any permit, agreement or authorization required by the City for Rights -of - Way users in connection with operations on or in Rights -of -Way or public property including, by way of example and not limitation, street cut permits; or (3) Any permits or agreements for occupying any other property of the City or private entities to which access is not specifically granted by this Franchise including, without limitation, permits and agreements for placing devices on poles, in conduits or in or on other structures. 5 PH-1 (F) This Franchise is intended to convey limited rights and interests only as to those Rights -of -Way in which the City has an actual interest. It is not a warranty of title or interest in any Rights -of -Way; it does not provide the Grantee with any interest in any particular location within the Rights -of -Way; and it does not confer rights other than as expressly provided in the grant hereof. (G) This Franchise expressly authorizes Grantee to provide only Cable Services as allowed by applicable law, and to construct, operate or maintain Cable Service facilities in the Franchise Area. This Franchise does not relieve Grantee of any obligation it may have to obtain from the City an authorization to provide non -Cable Services or relieve Grantee of its obligation to comply with any such authorization(s) that may be lawfully required. However, this Franchise shall not be read as a concession by the Grantee that it needs authorization to provide non -Cable Services. 2.2 Use of Rights -of -Way Within parameters reasonably related to the City's role in protecting the public health, safety and welfare, the City may require that Cable System facilities be installed at a particular time, at a specific place or in a particular manner as a condition of access to a particular Right -of -Way and may deny access if Grantee is not willing to comply with the City's requirements. 2.3 Duration The term of this Franchise and all rights, privileges, obligations and restrictions pertaining hereto shall be five (5) years from the effective date of this Franchise, unless terminated or extended as hereinafter provided. 2.4 Effective Date (A) This Franchise and the rights, privileges, and authority granted hereunder and the contractual relationship established hereby shall take effect and be in force from and after the effective date of this Franchise. (B) The effective date of this Franchise shall commence , 2007 and run through midnight of , 2012. At the expiration of the initial term, the City may offer to extend this Franchise for an additional term of five (5) years by giving written notice to the Grantee, provided that there has not been a change in federal or State law which negatively impacts the City's ability to extend this Franchise. This Franchise may be extended for such additional term of five (5) years, subject to the written agreement of both parties. (C) The grant of this Franchise shall have no effect on the Grantee's duty under the prior franchise to indemnify or insure the City against acts and omissions occurring during the period that the prior franchise was in effect. 2.5 Franchise Nonexclusive This Franchise shall be nonexclusive, and subject to all prior rights, interests, easements, permits or licenses granted by the City to any Person to use any property for any purpose whatsoever, including the right of the City to use the same for any purpose it deems fit, including the same or similar purposes allowed Grantee hereunder. The City may at any time grant authorization to use the Rights - of -Way for any purpose not incompatible with Grantee's authority under this Franchise and for such additional franchises for cable systems as the City deems appropriate. 0 PH-1 2.6 Effect of Acceptance By accepting the Franchise, the Grantee: (1) acknowledges and accepts the City's legal right to issue and enforce the Franchise; (2) agrees that it will not oppose the City's intervening, to the extent that the City is legally entitled to do so, in any legal or regulatory proceeding affecting the Cable System; (3) accepts and agrees to comply with each and every provision of this Franchise; and (4) agrees that the Franchise was granted pursuant to processes and procedures consistent with applicable law, and that it will not raise any claim to the contrary. 2.7 Competitive Equity (A) The Grantee acknowledges and agrees that the City reserves the right to grant one or more additional franchises to provide Cable Service within the Franchise Area; provided, the City agrees that it shall amend this Franchise to include any material terms or conditions that it makes available to the new entrant within ninety (90) days of the Grantee's request, so as to ensure that the regulatory and financial burdens on each entity are materially equivalent. "Material terms and conditions" include, but are not limited to: franchise fees; insurance; system build -out requirements; security instruments; Access Channel and support; customer service standards; required reports and related record keeping; and notice and opportunity to cure breaches. If any such additional or competitive franchise is granted by the City which, in the reasonable opinion of the Grantee, contains more favorable or less burdensome terms or conditions than this Franchise, the City agrees that it shall amend this Franchise to include any more favorable or less burdensome terms or conditions in a manner mutually agreed upon by City and Grantee. (B) In the event an application for a new cable television franchise is filed with the City proposing to serve the Franchise Area, in whole or in part, the City shall serve or require to be served a copy of such application upon the Grantee by registered or certified mail or via nationally recognized overnight courier service. (C) In the event that a wireline multichannel video programming distributor provides video service to the residents of the City under the authority granted by federal or State legislation or other regulatory entity, the Grantee shall have a right to request Franchise amendments that relieve the Grantee of regulatory burdens that create a competitive disadvantage to the Grantee. In requesting amendments, the Grantee shall file a petition seeking to amend the Franchise. Such petition shall: (1) indicate the presence of such wireline competitor; (2) identify the basis for Grantee's belief that certain provisions of the Franchise place Grantee at a competitive disadvantage; and (3) identify the regulatory burdens to be amended or repealed in order to eliminate the competitive disadvantage. The City shall not unreasonably withhold consent to the Grantee's petition. SECTION 3. FRANCHISE FEES AND FINANCIAL CONTROLS 3.1 Franchise Fees As compensation for the use of the City's Rights -of -Way, Grantee shall, upon written request of the City, pay a franchise fee to the City in an amount not to exceed five percent (5%) of Grantee's Gross Revenues. Accrual of such franchise fees shall commence as of the date of the City's written notification to Grantee. 3.2 Payments If franchise fees are requested, Grantee's franchise fee payments to the City shall be computed quarterly for the preceding quarter. Each payment shall be due and payable no later than thirty (30) VA PH-1 days after the end of the preceding quarter, after which time interest will accrue. The quarters shall end respectively on the last day of March, June, September and December. 3.3 Acceptance of Payment No acceptance of any payment shall be construed as an accord by the City that the amount paid is, in fact, the correct amount, nor shall any acceptance of payments be construed as a release of any claim the City may have for further or additional sums payable or for the performance of any other obligation of Grantee. 3.4 Franchise Fee Reports Each payment shall be accompanied by a written report to the City, verified by an authorized representative of Grantee, containing an accurate statement in summarized form which includes a breakdown by category of Grantee's Gross Revenues and the computation of the payment amount. 3.5 Audits Upon forty-five (45) days prior written notice, the City shall have the right to conduct an annual independent audit of Grantee's records necessarily related to the enforcement of this Franchise and to recompute any amounts determined to be payable under this Franchise. If Grantee cooperates in making all relevant records available to the City, the City will attempt to complete each audit within six (6) months, and the audit period shall be no greater than the previous three (3) years, unless the City has information relating to previous years beyond the three (3) years which raises doubt as to the accuracy of payments made under this or previous franchises, in which case an additional three (3) years may be audited. Any undisputed amounts due to the City as a result of the audit shall be paid within sixty (60) days following written notice to the Grantee by the City, which notice shall include a copy of the audit findings. If the audit shows that franchise fees have been underpaid by five percent (5%) or more in any calendar year, Grantee shall pay for the cost of the audit up to fifteen thousand dollars ($15,000) for the first year of the audit period and seven thousand five hundred dollars ($7,500) for each year thereafter. If Grantee disputes all or part of the audit findings, then the parties shall meet in an attempt to resolve the matter. If the parties are unable to resolve the matter, then that matter may be referred to non- binding arbitration by either of the parties. Each party shall bear one-half of the costs and expenses of the arbitration proceedings. The decision of the arbitrator(s) shall be subject to judicial review at the request of either party. 3.6 Financial Records Grantee agrees to meet with a representative of the City upon request to review Grantee's methodology of record -keeping, financial reporting, the computing of franchise fee obligations and other procedures, the understanding of which the City deems necessary for reviewing reports and records that are relevant to the enforcement of this Franchise. 3.7 Late Payments In the event any payment due the City is not timely made, Grantee shall pay, in addition to the amount due, interest at the maximum allowed rate as provided under State law, from the payment due date until the City receives the payment. PH-1 3.8 Underpayments If a franchise fee underpayment is discovered as the result of an audit, Grantee shall pay, in addition to the amount due, interest at the maximum allowed rate as provided under State law, calculated from the date the underpayment was originally due until the date the City receives the payment. 3.9 Maximum Franchise Fees The parties acknowledge that, at present, applicable federal law limits the City to collecting a franchise fee of five percent (5%) of Gross Revenues in a 12-month period. In the event that at any time throughout the term of this Franchise, the City is authorized to collect an amount in excess of or less than five percent (5%) of Gross Revenues, then this Franchise shall be amended at the request of either party consistent with such change. 3.10 Additional Commitments Not Franchise Fees No term or condition in this Franchise shall in any way modify or affect Grantee's obligation to pay franchise fees if requested by the City. Although the total sum of franchise fee payments and additional commitments set forth elsewhere in this Franchise may total more than five percent (5%) of Grantee's Gross Revenues in any 12-month period, Grantee agrees that the additional commitments herein are not franchise fees, nor are they to be offset or credited against any franchise fee payments due to the City, nor do they represent an increase in franchise fees to be passed through to Subscribers. 3.11 Alternative Compensation In the event the obligation of Grantee to compensate the City through franchise fee payments is lawfully suspended or eliminated, in whole or part, then Grantee shall pay to the City such compensation as is required by law, including any lawfully imposed tax or fee enacted by the City. 3.12 Payment on Termination If this Franchise terminates for any reason, the Grantee shall file with the City within ninety (90) days of the date of the termination, a financial statement, prepared by a certified public accountant, showing the Gross Revenues received by the Grantee since the end of the previous fiscal year. Within thirty (30) days of the filing of the statement with the City, Grantee shall pay any unpaid franchise fee amounts as indicated. If the Grantee fails to pay its remaining financial obligations as required in this Franchise, the City may satisfy the same by utilizing the funds from any security provided by the Grantee. 3.13 Tax Liability The franchise fees shall be in addition to any and all taxes or other levies or assessments which are now or hereafter required to be paid by businesses in general by any law of the City, the State or the United States including, without limitation, sales, use, utility, occupation and other taxes, business license fees or other payments. Payment of the franchise fees under this Franchise shall not exempt Grantee from the payment of any other license fee, permit fee, tax or charge on the business, occupation, property or income of Grantee that may be lawfully imposed by the City. 3.14 Bundling of Cable and Non -Cable Services In no event will the Grantee unlawfully evade or reduce applicable franchise fee payments required to be made to the City due to discounted bundled services. Customer billing shall be itemized by 9 0M service(s), and Grantee shall comply with all applicable laws regarding rates for Cable Services and all applicable laws covering issues of cross subsidization. SECTION 4. ADMINISTRATION AND REGULATION 4.1 Authority The City shall be vested with the power and right to administer and enforce the requirements of this Franchise and the regulations and requirements of applicable law, including the Cable Act, or to delegate that power and right, or any part thereof, to the extent permitted under law, to any agent in the sole discretion of the City. The Grantee and the City shall be entitled to all rights and be bound by all changes in local, State and federal law that occur subsequent to the effective date of this Franchise. The Grantee and the City acknowledge that their rights and obligations under this Franchise are explicitly subject to all such changes. 4.2 Rate Regulation All of Grantee's rates and charges related to or regarding Cable Services shall be subject to regulation by the City to the full extent authorized by applicable federal, State and local laws. 4.3 No Rate Discrimination All of Grantee rates and charges shall be published (in the form of a publicly -available rate card), and shall be nondiscriminatory for all Persons of similar classes, under similar circumstances and conditions. Nothing herein shall be construed to prohibit: (A) The temporary reduction or waiving of rates or charges in conjunction with valid promotional campaigns; (B) The offering of reasonable discounts to similarly situated Persons; or (C) The offering of bulk discounts for Multiple Dwelling Units. 4.4 Performance Evaluations (A) Upon written notification, the City may hold performance evaluation sessions whenever necessary to ensure proper performance of the provisions of this Franchise. (B) All evaluation sessions shall be open to the public. (C) Topics which may be discussed at any evaluation session include, but are not limited to, Subscriber figures for each classification of service, construction issues, Cable Service rate structures, franchise fee payments, liquidated damages, free or discounted Cable Service, application of new technologies, Cable System performance, Cable Services currently provided and programming offered, future plans of Grantee for new services or programs, Subscriber Complaints, privacy, modifications to this Franchise, judicial and FCC rulings, line extension policies and the City's or Grantee's rules; provided that nothing in this subsection shall be construed as requiring the renegotiation of this Franchise. 10 PH-1 (D) During evaluations under this subsection, Grantee shall fully cooperate with the City and shall provide such information and documents as the City may reasonably require to perform the evaluation. 4.5 Leased Access Channel Rates Grantee shall offer Leased Access Channel capacity on such terms and conditions and rates as may be negotiated with each lessee, subject to the requirements of Section 612 of the Cable Act. Upon request, Grantee shall provide a complete schedule of current rates and charges for any and all Leased Access Channels or portions of such Channels. 4.6 Late Fees (A) For purposes of this subsection, any assessment, charge, cost, fee or sum, however characterized, that the Grantee imposes upon a Subscriber solely for late payment of a bill is a late fee and shall be applied in accordance with applicable local, State and federal laws. (B) The Grantee's late fee and disconnection policies and practices shall be nondiscriminatory, and such policies and practices, and any fees imposed pursuant to this subsection, shall apply equally in all parts of the City without regard to the neighborhood or income level of the Subscribers. 4.7 Reserved Authority The City reserves all of its rights and authority arising from the Cable Act and any other relevant provisions of federal, State or local laws. 4.8 Time Limits Strictly Construed Whenever this Franchise sets forth a time for any act to be performed by Grantee, such time shall be deemed to be of the essence, and any failure of Grantee to perform within the allotted time may be considered a breach of this Franchise. SECTION 5. INDEMNIFICATION AND INSURANCE REQUIREMENTS 5.1 Indemnification (A) General 1ndemnificatien. Grantee shall indemnify, defend and hold harmless the City, City Council, and any of the City's officers, officials, boards, commissions, agents and employees acting in an official capacity from any action, claim, damage, loss, liability, cost or expense, including court costs and attorneys' fees and expenses, arising from the death of or injury to any Person, casualty or accident to equipment or property, and all other damages arising out of, or by reason of, any construction, excavation, operation, maintenance, repair, reconstruction, relocation, upgrade, rebuild, upkeep or removal of the Cable System, by or for Grantee, its agents or employees, or by reason of any neglect or omission of Grantee, its agents or employees, except for injuries and damages caused by the sole negligence of the City. (B) Procedures and Defense. The City shall give the Grantee written notice of any claim or of the commencement of any action, suit or other proceeding covered by the indemnity in this subsection 5.1. If a claim or action arises, the City or any other indemnified party shall then tender 11 PH-1 the defense of the claim to Grantee, which defense shall be at Grantee's expense. The City may participate in the defense of a claim and, in any event, Grantee may not agree to any settlement of claims financially affecting the City without the City's prior written approval which shall not be unreasonably withheld. (C) Grantee's Duties. The fact that Grantee carries out any activities under this Franchise through independent contractors shall not constitute an avoidance of or defense to Grantee's duties of defense and indemnification under this subsection 5.1. (D) Other Counsel. If separate representation to fully protect the interests of both parties is necessary, such as a conflict of interest between the City and the counsel selected by Grantee to represent the City, Grantee shall select additional counsel with no conflict with the City. 5.2 Insurance Requirements (A) General Requirement. Grantee must have adequate insurance during the entire term of this Franchise to protect the City against claims for death or injuries to Persons or damages to property or equipment which in any way relate to, arise from or are connected with this Franchise, or involve Grantee, its agents, representatives, contractors, subcontractors and their employees. limits: (B) Minimum Insurance Limits. The Grantee shall maintain the following insurance (1) Commercial General Liability: $2,000,000 per occurrence, $2,000,000 general aggregate and $1,000,000 products/completed operations aggregate. (2) Automobile Liability: $2,000,000 combined single limit. (3) Workers Compensation Insurance limits in accordance with State law requirements. (4) Excess or Umbrella Liability: $5,000,000 each occurrence and $5,000,000 policy limit. (C) Endorsements. (1) Commercial General Liability insurance policies are to contain, or be endorsed to contain, the following: (a) The Grantee's insurance coverage shall be primary insurance with respect to the City. Any insurance, self-insurance, or insurance pool coverage maintained by the City shall be in excess of the Grantee's insurance and shall not contribute to it. (b) The Grantee's insurance shall name the City as an additional insured. 12 PH-1 (2) The insurance provided herein shall not be canceled or the limits reduced so as to be out of compliance with the requirements of this subsection 5.2 without forty-five (45) days written notice, certified mail, return receipt requested, first being given to the City. If the insurance is canceled or reduced in coverage, Grantee shall provide a replacement policy. (D) Acy tabili of Insurers. The insurance obtained by Grantee shall be placed with insurers with a Best's rating of no less than "A VII" that are authorized to insure in the State. (E) Verification of Covern . The Grantee shall furnish the City with signed certificates of insurance and a copy of the amendatory endorsements, including, but not necessarily limited to, the additional insured endorsement, evidencing the Automobile Liability, Commercial General Liability and Umbrella or Excess insurance of the Grantee upon acceptance of this Franchise. The certificate for each insurance policy is to be signed by a Person authorized by that insurer to bind coverage on its behalf. The certificate for each insurance policy must be on standard forms or on such forms as are consistent with standard industry practices. The Grantee hereby warrants that its insurance policies satisfy the requirements of this Franchise. (F) No I.imitation. Grantee's maintenance of insurance policies required by this Franchise shall not be construed to excuse unfaithful performance by Grantee or limit the liability of Grantee to the coverage provided in the insurance policies, or otherwise limit the City's recourse to any other remedy available at law or in equity. 5.3 Letter of Credit (A) If there is an uncured breach by Grantee of a material provision of this Franchise or a pattern of repeated violations of any provision(s) of this Franchise, then Grantee shall, upon written request, establish and provide to the City, as security for the faithful performance by Grantee of all of the provisions of this Franchise, an irrevocable letter of credit from a local financial institution satisfactory to the City in the amount of fifteen thousand dollars ($15,000). (B) If a letter of credit is furnished pursuant to subsection (A), the letter of credit shall then be maintained at that same amount throughout the remaining term of this Franchise. (C) After the giving of notice to Grantee and expiration of any applicable cure period, the letter of credit may be drawn upon by the City for purposes including, but not limited to, the following: (1) Failure of Grantee to pay the City sums due under the terms of this Franchise; (2) Reimbursement of costs and expenses borne by the City to correct Franchise violations not corrected by Grantee; and (3) Monetary remedies or damages assessed against Grantee as provided in this Franchise. (D) Within ten (10) days following notice that a withdrawal from the letter of credit has occurred, Grantee shall restore the letter of credit to the full amount required by subsection (A). 13 PH-1 Grantee's maintenance of the letter of credit shall not be construed to excuse unfaithful performance by Grantee or limit the liability of Grantee to the amount of the letter of credit or otherwise limit the City's recourse to any other remedy available at law or in equity. (E) Grantee shall first appeal to the City Council for reimbursement in the event Grantee believes that the letter of credit was drawn upon improperly. Thereafter, Grantee shall have the right of judicial appeal if Grantee believes the letter of credit has not been properly drawn upon in accordance with this Franchise. 5.4 Bonds (A) Grantee shall provide to the City a faithful performance bond in the amount of fifty thousand dollars ($50,000) and obtain additional bonds on a project specific basis as required by the Municipal Code or regulations. (B) Grantee's maintenance of the bond(s) shall not be construed to excuse unfaithful performance by Grantee, or limit the liability of Grantee to the amount of the bond(s), or otherwise limit the City's recourse to any other remedy available at law or in equity. SECTION 6. CUSTOMER SERVICE 6.1 Customer Service Standards The City and Grantee recognize the importance of customer service in the grant of this Franchise. Grantee shall comply with customer service standards as the same may be adopted and amended from time to time by the City Council. Grantee reserves the right to challenge any customer service standard that it believes is inconsistent with its contractual rights granted pursuant to this Franchise or State or federal law. 6.2 Subscriber Privacy Grantee will comply with privacy rights of Subscribers in accordance with federal, State and local laws. SECTION 7. REPORTS AND RECORDS 7.1 Open Records The City shall have access to, and the right to inspect, any books and records of Grantee and its Affiliates which are reasonably necessary to monitor and enforce Grantee's compliance with the provisions of this Franchise at the Grantee's regional business office, during normal business hours, and without unreasonably interfering with Grantee's business operations. The City may, in writing, request copies of any such records or books that are not identified as proprietary or confidential, and Grantee shall provide such copies within thirty (30) days of the transmittal of such request. One copy of all reports and records required under this or any other Section shall be furnished to the City at the sole expense of Grantee. If the requested books and records are too voluminous, or identified as proprietary and confidential, or for security reasons cannot be copied or removed, then the City shall inspect them at Grantee's regional office. If any books or records of Grantee are not kept in a regional office and not made available in copies to the City upon written request as set forth above, and if the City determines that an examination of such records is necessary for the enforcement of this 14 Franchise, then all reasonable travel expenses incurred in making such examination shall be paid by Grantee. 7.2 Confidentiality Grantee shall not be required to disclose information that it reasonably deems to be proprietary or confidential in nature, nor disclose books and records of any Affiliate of Grantee that is not providing Cable Service in the Franchise Area. The City agrees to keep confidential any proprietary or confidential books or records of Grantee to the extent permitted by law. Grantee shall be responsible for clearly and conspicuously identifying the records as confidential or proprietary, and shall provide a brief written explanation as to why such information is confidential or proprietary and how it may be treated as such under State or federal law. The Grantee shall not be required to provide Customer information in violation of Section 631 of the Cable Act or any other applicable federal or State privacy law. For purposes of this subsection, the terms "proprietary or confidential" include, but are not limited to, information relating to the Cable System design, customer lists, marketing plans, financial information unrelated to the calculation of franchise fees or rates pursuant to FCC rules, or other information that is reasonably determined by the Grantee to be competitively sensitive. If the City receives a demand from any Person for disclosure of any information designated by Grantee as confidential, the City shall, so far as consistent with applicable law, advise Grantee and provide Grantee with a copy of any written request by the Person demanding access to such information within five (5) business days. 7.3 Maps and Records Required Grantee shall provide to the City upon request: (A) A route map that depicts the general location of the Cable System facilities placed in the Rights -of -Way. The route map shall identify Cable System facilities as aerial or underground and is not required to depict cable types, number of cables, electronic equipment, and service lines to individual Subscribers. The Grantee shall also provide, if requested, an electronic format of the aerial/underground facilities in relation to the Right -of -Way centerline reference to allow the City to add this information to the City's GIS program; (B) A copy of all FCC filings which relate to the operation of the Cable System in the Franchise Area; and (C) A list of Grantee's Cable Services, rates and Channel line-up. 7.4 Submittal of Documents Upon written request, Grantee shall submit to the City a copy of any application, notification, communication or document of any kind, submitted by Grantee or its Affiliates to any federal, State or local courts, regulatory agencies and other governmental bodies if such document directly relates to the operations of Grantee's Cable System within the Franchise Area. Grantee shall submit such documents to the City no later than forty-five (45) days after receipt of the City's request. Grantee shall not claim confidential, privileged or proprietary rights to such documents unless under federal, State, or local law such documents have been determined to be confidential by a court of competent jurisdiction, or a federal or State agency. 15 PH-1 7.5 Annual Reports Upon request, forty-five (45) days after the end of the first quarter, Grantee shall submit to the City a written report, which shall include the following information: (A) The most recently completed annual corporate report; (B) A Gross Revenue statement for the preceding fiscal year and all deductions and computations for the period, and such statement shall be reviewed by a certified public accountant, who may also be the chief financial officer or controller of Grantee; (C) A summary of the previous year's activities regarding the development of the Cable System, including, but not limited to, homes passed, beginning and ending plant miles, any technological changes occurring in the Cable System and the number of Subscribers for each class of Cable Service (i.e., Basic, Expanded Basic Service, premium, etc.); (D) A description of planned construction, if any, for the current year; and (E) An executive summary of escalated Subscriber Complaints received in the previous year. 7.6 False Statements Any intentional false or misleading statement or representation in any report required by this Franchise shall be a material breach of this Franchise and may subject Grantee to all remedies, legal or equitable, which are available to the City under this Franchise or otherwise. 7.7 Failure to Report The failure or neglect of Grantee to file any of the information required under this Franchise (not including clerical errors or errors made in good faith) may, at the City's option, be deemed a breach of this Franchise. SECTION 8. PROGRAMMING 8.1 Broad Programming Categories Grantee shall provide at least the following initial broad categories of programming to the extent such categories are reasonably available: (A) News, weather and information; (B) Sports; (C) General entertainment including movies; (D) Children, family oriented; (E) Arts, culture and performing arts; and 16 PH-1 (F) Science/documentary. 8.2 Deletion of Broad Programming Categories Grantee shall not delete or so limit as to effectively delete any broad category of programming within its control without prior written notice to the City. 8.3 Ascertainment of Customer Satisfaction In the event Grantee conducts an ascertainment survey related to Franchise renewal under the guidelines of Section 626 of the Cable Act, Grantee agrees to provide, upon request, the results of said ascertainment survey to the City within thirty (30) days of the completion thereof. 8.4 Parental Control Device Upon request by any Subscriber, Grantee shall make available a parental control or lockout device, trap or filter to enable a Subscriber to control access to both the audio and video portions of any or all Channels. Grantee shall inform its Subscribers of the availability of the lockout device at the time of their initial subscription and periodically thereafter. Such devices, traps or filters will be provided at no charge to the Subscriber, unless otherwise provided by federal law. SECTION 9. ACCESS 9.1 Access Channel For the purpose of meeting the community's need for Access programming, Grantee shall make available and maintain throughout the term of this Franchise one (1) Government Access Channel. The City acknowledges that the Grantee's Cable System provides additional benefits to Access programming needs beyond the requirement listed above. This is accomplished through the inclusion of other regional access programming within the regional channel line-up that is available within the Franchise Area. The Grantee will endeavor to provide the Subscribers in the Franchise Area with the other regional access channels so long as the programmers offer them for use on the Cable System. If Grantee makes a change in its Cable System and related equipment and facilities, or in its signal delivery technology, which directly or indirectly affects the signal quality or method or type of transmission of Access programming or services, Grantee shall take all necessary technical steps and provide necessary technical assistance, including the acquisition of all necessary equipment, up to the point of demarcation to ensure that the capabilities of the Access Channel and delivery of Access programming are not diminished or adversely affected by such change. 9.2 Management, Control and Connectivity of Access Channel (A) The City may authorize Designated Access Providers to control, operate and manage the Access Channel. The City or its designee may formulate rules for the operation of the Access Channel, consistent with this Franchise. (B) Regarding the City's and Designated Access Providers use of the Access Channel, Grantee shall fully cooperate with requests from the City, and provide all reasonably necessary assistance related thereto. 17 PH-1 (C) Grantee shall maintain all existing fiber optic return line(s) needed to facilitate the transmission of the City's Access Channel to Grantee's Headend and hubs. If the City desires to relocate or expand the fiber optic return line(s) to a new location, then, upon one hundred twenty (120) days written request by the City and at the City's cost for Grantee's reasonable time and materials, the Grantee shall construct the requested new fiber optic return line(s). 9.3 Location and Quality of Access Channel (A) The Access Channel provided to Subscribers under this Franchise shall be included by Grantee as a part of the Basic Service Tier or as otherwise provided by federal law. (B) Grantee shall provide as much notice as possible but not less than sixty (60) days advance written notice to the City prior to any relocation of the Government Access Channel. In connection with the movement of the Access Channel to another Channel number, Grantee shall provide a bill message on Subscribers' bills. (C) The Access Channel shall have at least the same transmission quality as is used to carry any of the commercial Channels that deliver programming on the Cable System. The Grantee shall provide Headend and hub equipment and routine maintenance and repair and replace, if necessary, any of Grantee's equipment required to carry the Access signal to and from the City's and any other Access origination point and the Grantee's Headend and hubs for the Access Channel. 9.4 Access Interconnections Grantee acknowledges that it is the City's goal to further the community's needs and interests by providing for the interconnection of the Access Channel between the City and surrounding communities. Therefore, Grantee will implement Access Channel interconnections, at the cost of the City (such cost to be agreed upon by both parties prior to beginning of construction) which facilitate the sharing of Access programming between and among the City and surrounding communities that are served by the Grantee's same Headend or hub. The City shall have the right to use any Access programming provided to it through an interconnection and approved for use by the interconnecting municipality. The Grantee shall not be required by the City to interconnect the Access Channel carried on Grantee's Cable System with those carried on a system of another cable operator with a franchise granted by the City within the Franchise Area. Additionally, the Grantee shall not be required by the City to interconnect the Access Channel with a newly authorized cable operator or a facilities based entity, legally authorized by State or federal law, who makes available for purchase by customers, Cable Services within the Franchise Area without a franchise or other similar lawful authorization granted by the City. 9.5 Access Advances Within sixty (60) days of the City's written request, Grantee shall pay to the City a capital advance in the amount of $6,500 and another capital advance in the amount of $6,500 two and one-half years after the effective date of this Franchise. These are advance payments of the monthly Capital Contributions set forth in subsection 9.6. These funds may only be used by the City for capital expenditures related to the Government Access Channel including, without limitation, for equipment purchases, construction and relocation costs. These advances shall in no way be considered in lieu of franchise fees and shall not reduce in any way franchise fees owed to the City under this Franchise. PH-1 9.6 Monthly Capital Contribution If a capital advance is provided to the City under subsection 9.5, Grantee may recover the capital advance from Subscribers in an amount not to exceed $0.25 per Subscriber per month (the "Capital Contribution'). In the case of both Access advance payments, if the Grantee recoups the full payment amount prior to the two and one-half year payment date or the expiration date of the Franchise, then upon written request, the Grantee shall continue to collect the $0.25 per Subscriber per month and remit it to the City on a quarterly basis. Upon forty-five (45) days written notice, the monthly amount may be adjusted upon approval by the City Council but not to exceed $0.25 per Subscriber per month. Grantee shall not be responsible for paying the Capital Contribution with respect to gratis or Bad Debt accounts. The City shall have discretion to allocate the Capital Contribution in accordance with applicable law. To the extent the City makes Access capital investments using City funds prior to receiving the capital advances or Capital Contribution funds, the City is entitled to apply the subsequent capital advances and Capital Contribution payments from Grantee toward such City capital investments. The City agrees that the capital advances in subsection 9.5 and Capital Contribution may be treated as external costs under applicable federal law. On an annual basis, the City or its designee shall provide Grantee a statement showing the Capital Contribution account balance, the amount expended including a detailed list of purchases, and the interest earned. The City shall dedicate the time, personnel and other resources needed to operate the Government Access Channel designated herein. SECTION 10. GENERAL RIGHT-OF-WAY USE AND CONSTRUCTION 10.1 Right to Construct Subject to the other provisions of this Franchise, Grantee may perform all construction in the Rights - of -Way for any facility needed for the maintenance, operation or extension of Grantee's Cable System. 10.2 Right -of -Way Meetings Subject to receiving advance notice, Grantee will make reasonable efforts to attend and participate in meetings of the City regarding Right of -Way issues that may impact the Cable System. 10.3 General Standard All work authorized and required hereunder shall be done in a safe, thorough and workmanlike manner. All equipment shall be durable and installed and maintained in accordance with good engineering practices and comply with applicable law. 10.4 Joint Trenching Grantee agrees to cooperate with others to minimize adverse impacts on the Rights -of -Way through joint trenching and other arrangements. 10.5 Movement of Facilities During Emergencies During emergencies, except those involving imminent danger to the public health, safety or welfare, the City shall provide notice to Grantee, at a designated emergency response contact number, to allow 19 PH-1 Grantee the opportunity to respond and rectify the problem without disrupting Cable Service. If after providing notice, there is no immediate response, the City may move Grantee's facilities. 10.6 One Call The Grantee shall, at its own expense, participate in the call before you dig program required under State Law. 10.7 Permits Required Prior to doing any work in the Right -of -Way or other public property (with the exception of installations or general maintenance that involves no construction and with no disruption to the use of the Right -of -Way or other public property), Grantee shall apply for, and obtain, in advance, appropriate permits from the City. As part of the permitting process, the City may impose such conditions as are necessary for protecting any structures in such Rights -of -Way, and for providing for the proper restoration of such Rights -of -Way and to protect the public and the continuity of pedestrian or vehicular traffic. Grantee shall pay all generally applicable fees for the requisite City permits. 10.8 Emergency Permits In the event that emergency repairs are necessary, Grantee shall immediately notify the City of the need for such repairs. Grantee may initiate such emergency repairs, and shall apply for appropriate permits within forty-eight (48) hours after discovery of the emergency. 10.9 Submittal of Plans No construction activities shall occur within the Rights -of -Way of the City unless plans therefor shall have been first submitted to the City. 10.10 Compliance with Applicable Codes (A) Cis. Grantee shall comply with all applicable City codes, including, without limitation, construction codes, building codes, the Fire Code and zoning codes and regulations. (B) Rewilationc and Safety Codes. Grantee shall comply with all applicable federal, State and City safety requirements, rules, regulations, laws and practices. By way of illustration and not limitation, Grantee shall comply with the National Electric Code, National Electrical Safety Code and Occupational Safety and Health Administration (OSHA) Standards. 10.11 Least Interference Work in the Right -of -Way, or on other public property, shall be done in a manner that causes the least interference with the rights and reasonable convenience of property owners and residents. Grantee's Cable System shall be constructed and maintained in such a manner as not to interfere with sewers, water pipes or any other property of the City, or with any other pipes, wires, conduits, pedestals, structures or other facilities that may have been laid in the Rights -of -Way by, or under, the City's authority. The Grantee's Cable System shall be located, erected and maintained so as not to endanger or interfere with the lives of Persons, or to interfere with new improvements the City may deem proper to make or to unnecessarily hinder or obstruct the free use of the Rights -of -Way or other public property, and shall not interfere with travel and use of public places by Persons during the construction, repair, operation or removal thereof. In the event of such interference, the City may 20 PH-1 require the removal or relocation of Grantee's lines, cables, equipment and other appurtenances from the property in question at Grantee's expense. 10.12 Prevent Injury/Safety Grantee shall provide and use any equipment and facilities necessary to control and carry Grantee's signals so as to prevent injury to the City's property or property belonging to any Person. Grantee shall repair, change and improve its facilities to keep them in good repair, and safe and presentable condition. All excavations made by Grantee in the Rights -of -Way shall be properly safeguarded for the prevention of accidents. 10.13 Notice to Private Property Owners Except in the case of an emergency involving public safety, Grantee shall give reasonable advance notice to private property owners or tenants of construction work on or adjacent to such private property. 10.14 Poles & Undergrounding Requirements (A) If all of the wires and fines of electric and telephone service providers in any given area within the Franchise Area are now or in the future placed underground, the Grantee shall place its Cable System distribution cables underground. In any part of the Franchise Area where the wires and lines of the electric and telephone service providers are both aerial and underground, the Grantee shall have the discretion to construct, operate, and maintain all of its distribution cables, or any part thereof, aerially or underground. In areas where the electric and telephone service providers wiring is aerial, the Grantee may install aerial cable, except when a property owner or resident requests underground installation and agrees to bear the additional cost in excess of aerial installation. Nothing in this subsection shall be construed to require the Grantee to construct, operate, or maintain underground any ground -mounted appurtenances such as power supplies, or pedestals. Cable System equipment such as pedestals may be accompanied by landscaping and screening which, if required by the City, will meet with the approval of the City on a case by case basis. Grantee shall not erect or authorize or allow others to erect any poles within the Rights -of -Way of the City for operation of its Cable System. (B) This Franchise does not grant, give or convey to the Grantee the right or privilege to install its facilities in any manner on poles or equipment of the City or of any other Person. (C) The Grantee and the City recognize that situations may occur in the future where the City may desire to place its own conduit and fiber optic cable in trenches or bores opened by the Grantee. The Grantee agrees to cooperate with the City in any such construction that involves trenching or boring. The Grantee shall allow the City to lay City conduit and fiber optic cable in the Grantee's trenches and bores, provided that the City and Grantee enter into a mutually acceptable cost sharing arrangement consistent with State law. The City shall be responsible for maintaining its respective conduit and fiber optic cable, which is buried in the Grantee's trenches and bores. 10.15 Restoration of Property (A) If damage occurs, the Grantee shall promptly notify the property owner within twenty-four (24) hours. 21 PH-1 (B) If in connection with the construction, operation, maintenance, upgrade, repair or replacement of the Cable System, the Grantee disturbs, alters, or damages any public or private property, the Grantee agrees that it shall at its own cost and expense pay for any damage and replace and restore any such property to a condition reasonably comparable to the condition existing immediately prior to the disturbance. Whenever Grantee disturbs or damages any Right -of -Way or other public property, Grantee shall complete the restoration work within forty-eight (48) hours or as authorized by the City's Public Works Director or designee. (C) Grantee shall warrant any restoration work performed by or for Grantee in the Right - of -Way or on other public property for one (1) year, unless a longer period is required by the Municipal Code or any generally applicable ordinance or resolution of the City. If restoration is not satisfactorily and timely performed by the Grantee, the City may, after prior notice to the Grantee, or without notice where the disturbance or damage may create a risk to public health or safety, cause the repairs to be made and recover the reasonable cost of those repairs from the Grantee. Within thirty (30) days of receipt of an itemized list of those costs, including the costs of labor, materials and equipment, the Grantee shall pay the City. 10.16 Movement of Cable System Facilities (A) Relocation at Request of the C i . Upon thirty (30) days prior written notice to Grantee, the City shall have the right to require Grantee to relocate any part of the Cable System within the Rights -of -Way when the safety, health or welfare of the public requires such change, and the expense thereof shall be paid by Grantee. Should Grantee fail to remove or relocate any such facilities by the date established by the City, the City may effect such removal or relocation, and the expense thereof shall be paid by Grantee, including all costs and expenses incurred by the City due to Grantee's delay. If the City requires Grantee to relocate its facilities located within the Rights -of - Way, the City shall make a reasonable effort to provide Grantee with an alternate location within the Right -of -Way. If public funds are available to any Person using such Rights -of -Way for the purpose of defraying the cost of any of the foregoing, the Grantee may make application for such funds. (B) In the case of relocation projects where the City hires and designates an independent contractor to accommodate and coordinate the conversion of overhead utilities within a City capital improvement project, then the Grantee shall participate in the joint trenching portion of the project and Grantee shall pay to the City Grantee's portion of the traffic control and trench costs, including excavation and other associated costs, trench bedding, and backfill commensurate with Grantee's proportionate share of trench usage. However, notwithstanding anything to the contrary set forth herein, if bids from the City's contractor for placement of Grantee's conduits and vaults/pedestals in the supplied joint trench, in the reasonable estimation of the Grantee, are not acceptable, the Grantee shall have the option to utilize contractor(s) of its choice to complete the required work. The City's contractor shall coordinate with the Grantee's contractor(s) to provide reasonable notice and time to complete the placement of the Grantee's facilities in the supplied joint trench. (C) Nothing in this Franchise shall prevent the City from constructing any public work or capital improvement. Further, the City shall have the right to require Grantee to relocate, remove, replace, modify or disconnect Grantee's facilities and equipment located in the Rights -of -Way or on any other property of the City in the event of an emergency or when necessary to protect or further the health, safety or welfare of the general public, and such work shall be performed at Grantee's 22 FOW expense. Except during an emergency, the City shall provide reasonable notice to Grantee, not to be less than thirty (30) days, and allow Grantee the opportunity to perform such action. In the event of any capital improvement project exceeding $500,000 in expenditures by the City which requires the removal, replacement, modification or disconnection of Grantee's facilities or equipment, the City shall provide at least sixty (60) days written notice to Grantee. Following notice by the City, Grantee shall relocate, remove, replace, modify or disconnect any of its facilities or equipment within any Right -of -Way, or on any other property of the City. (D) If the Grantee fails to complete the above work within the time prescribed by the City, given the nature and extent of the work, or if it is not done to the City's reasonable satisfaction, the City may cause such work to be done and bill the reasonable cost of the work to the Grantee, including all reasonable costs and expenses incurred by the City due to Grantee's delay. In such event, the City shall not be liable for any damage to any portion of Grantee's Cable System. Within thirty (30) days of receipt of an itemized list of those costs, the Grantee shall pay the City. 10.17 Movement of Cable System Facilities for Others (A) If any removal, replacement, modification or disconnection of the Cable System is required to accommodate the construction, operation or repair of the facilities or equipment of another City franchise holder(s), Grantee shall, after at least thirty (30) days advance written notice, take action to effect the necessary changes requested by the responsible entity, as long as, the other franchise holder(s) pay for the Grantee's time and material costs associated with the project and Grantee is issued a permit for such work by the City. (B) The Grantee shall, upon reasonable prior written request of any Subscriber, relocate its aerial distribution cable facilities underground, as long as, the Subscriber pays for the Grantee's time and material costs associated with the project and Grantee is issued a permit for such work by the City. (C) In the event an underground conversion of cable facilities is required as part of the street improvement condition(s) of a new land use development, not associated with a City designated capital improvement project, this Franchise shall in no way limit the Grantee's right to recoup all time and material costs associated with the underground conversion of the Cable System from the Person responsible for the project. 10.18 Temporary Changes for Other Permitees At the request of any Person holding a valid permit and upon reasonable advance notice, Grantee shall temporarily raise, lower or remove its wires as necessary to permit the moving of a building, vehicle, equipment or other item. The expense of such temporary changes must be paid by the permit holder. 10.19 Reservation of City Use of Right -of -Way Nothing in this Franchise shall prevent the City from constructing sewers; grading, paving, repairing or altering any Right -of -Way; laying down, repairing or removing water mains; or installing conduit or fiber optic cable. 10.20 Tree Trimming 23 PH-1 The Grantee shall have the authority to conduct minimal pruning and trimming for access to Cable System facilities in the Rights -of -Way subject to compliance with the City Code. In situations involving tree trimming activities for construction activities on its Cable System lines in the Rights -of - Way, the Grantee shall coordinate the trimming with the City per the City Code. All such trimming shall be done at the Grantee's sole cost and expense. The Grantee shall be responsible for any damage caused by such trimming. 10.21 Inspection of Construction and Facilities The City may inspect any of Grantee's facilities, equipment or construction within the Rights -of -Way and on other public property upon at least twenty-four (24) hours notice, or, in case of an emergency, upon demand without prior notice. If an unsafe condition is found to exist, the City, in addition to taking any other action permitted under applicable law, may order Grantee to make the necessary repairs and alterations specified therein forthwith to correct the unsafe condition by a time the City establishes. The City has the right to inspect, repair and correct the unsafe condition if Grantee fails to do so, and to reasonably charge Grantee therefor. 10.22 Stop Work (A) On notice from the City that any work is being performed contrary to the provisions of this Franchise, or in an unsafe or dangerous manner as reasonably determined by the City, or in violation of the terms of any applicable permit, laws, regulations, ordinances or standards, the work may immediately be stopped by the City. (B) The stop work order shall: (1) Be in writing; (2) Be given to the Person doing the work and be posted on the work site; (3) Be sent to Grantee by overnight delivery at the address given herein; (4) Indicate the nature of the alleged violation or unsafe condition; and (5) Establish conditions under which work may be resumed. 10.23 Work of Contractors and Subcontractors Grantee's contractors and subcontractors shall be licensed and bonded in accordance with the City's and State's regulations and requirements. Work by contractors and subcontractors is subject to the same restrictions, limitations and conditions as if the work were performed by Grantee. Grantee shall be responsible for all work performed by its contractors and subcontractors and others performing work on its behalf as if the work were performed by it, and shall ensure that all such work is performed in compliance with this Franchise and other applicable laws, and shall be jointly and severally liable for all damages and correcting all damage caused by them. It is Grantee's responsibility to ensure that contractors, subcontractors or other Persons performing work on Grantee's behalf are familiar with the requirements of this Franchise and other applicable laws governing the work performed by them. 24 PH-1 SECTION 11. CABLE SYSTEM ARCHITECTURElTECHNICAL STANDARDS 11.1 Subscriber Network (A) Prior to the effective date of this Franchise, Grantee has upgraded its Cable System to a fiber -to -the -node Cable System architecture. Fiber-optic cable was deployed from the Headend to the nodes and tying into a hybrid fiber -coaxial Cable System. Active and passive devices are capable of passing a minimum of 750 MHz. The Cable System is capable of delivering high quality signals that meet or exceed FCC technical quality standards regardless of how the signal is transmitted. The Grantee shall, throughout the term of this Franchise provide additional Cable System facilities and equipment, expand Cable System channel capacity and otherwise upgrade or rebuild its Cable System as required to incorporate improvements in technology as necessary to reasonably meet the needs of the community in light of the costs thereof. Regional Cable Services provided by Grantee from a common Headend or hub shall be deployed and made available in the City as soon as practicable and economically and technically feasible. (B) Grantee will take prompt corrective action if it finds that any facilities or equipment on the Cable System are not operating as expected, or if it finds that facilities and equipment do not comply with the requirements of this Franchise or applicable law. 11.2 Standby Power Grantee shall provide standby power generating capacity at the Headend and hubs of at least twenty- four (24) hours. Grantee shall maintain strategically located standby power supplies throughout the Cable System, rated for at least four (4) hours duration. 11.3 Emergency Alert The Grantee shall provide an operating Emergency Alert System in accordance with and at the time required by the provisions of State and federal laws, including FCC regulations. 11.4 Technical Performance The technical performance of the Cable System shall meet or exceed all applicable federal technical standards, as they may be amended from time to time, regardless of the transmission technology utilized. The City shall have the full authority permitted by applicable law to enforce compliance with these technical standards. 11.5 Cable System Performance Testing (A) Grantee shall perform all technical tests presently or hereafter required by the FCC. (B) Upon request, all required FCC technical performance tests may be witnessed by representatives of the City. (C) Grantee shall maintain written records of its Cable System tests performed by or for Grantee. Copies of such test results will be provided to the City upon request. PH-1 (D) Grantee shall promptly take such corrective measures as are necessary to correct any performance deficiencies fully and to prevent their recurrence as far as possible. Grantee's failure to correct deficiencies identified through this testing process shall be a material violation of this Franchise. Sites shall be re -tested following correction. 11.6 Additional Tests In addition to the above, where there exists other evidence which in the judgment of the City casts doubt upon the reliability or technical quality of the Cable System, after giving Grantee thirty (30) days prior written notice and a reasonable opportunity to cure, the City may retain an independent consultant to conduct an analysis of the Cable System and its performance. In conjunction with the foregoing notice and cure opportunity, the City shall also have the right and authority to require Grantee to conduct additional tests regarding the performance of the Cable System. Grantee shall fully cooperate with the City and the City's consultant in performing such testing. Following testing, the consultant's report shall include the following information: (A) the nature of the evidence which precipitated the special tests; (B) the Cable System component tested; (C) the equipment used and procedures employed in testing; (D) the results of the testing and Cable System evaluation, including a description of any problem(s) found; (E) the method, if any, in which such problem was resolved; and (F) any other information pertinent to said tests and analysis, which may be required. If the test(s) indicate that the Cable System is not performing in compliance with FCC technical standards, the Grantee shall reimburse the City for all of the City's reasonable costs (including, without limitation, consultant's fees and expenses) with regard to such test(s). SECTION 12. SERVICE EXTENSION AND SERVICE TO PUBLIC BUILDINGS 12.1 Service Availability (A) Subject to the density provisions described in subsection 12.1(B) below and accessibility, Cable Service shall be made available in the entire Franchise Area. If such availability does not now exist in the Franchise Area, the Grantee shall complete such construction and wiring and be in a position to offer Cable Service to all residents within six (6) months of such availability. Other areas subsequently annexed shall be provided with Cable Service within twelve (12) months. (B) Distribution Line Extension Charge. The Grantee must make Cable Service available to every residential Dwelling Unit within the Franchise Area where the minimum density is at least twenty-five (25) Dwelling Units per strand mile in areas served by overhead facilities and sixty (60) Dwelling Units per mile in areas served by underground facilities. The Grantee may elect to provide 26 PH-1 Cable Service to areas not meeting the above density standards and charge the requesting resident(s) for the line extension on a time and material cost basis. (C) New Developments. The City shall use its best efforts to provide the Grantee with written notice of the issuance of formal approvals for new subdivisions and/or planned developments, within the Franchise Area, requiring underground installation and/or the conversion of the Cable System as part of the approval condition(s). (D) Extraordinary Installation Charges. All residents requesting Cable Service and living within one hundred twenty-five (125) aerial feet of existing cable distribution or trunk lines shall have the cable installed at the prevailing published installation rate. In the event a request is made for service and the residence is more than one hundred twenty-five (125) aerial feet from an existing cable distribution or trunk line, such installation shall be completed on a time and material cost basis for that portion of the service line extending beyond one -hundred twenty-five (125) feet. (E) Service to Multiple Dwelling Units. The Grantee shall provide Cable Service to Multiple Dwelling Units in accordance with this Franchise and applicable laws. 12.2 Connection of City and Other Public Facilities Grantee shall, upon request through the designated City representative and without charge, provide a standard installation and a minimum of one outlet of Basic and Expanded Basic Cable Services (and if necessary one (1) converter) to City administrative buildings as designated by the City (whether they are owned or leased), and fire station(s), police station(s), libraries, Access facilities and K-12 public School(s). If the installation to such building does exceed one hundred twenty-five (125) aerial feet, the City or other agency agrees to pay the incremental cost of such installation in excess of one hundred twenty-five (125) aerial feet or a necessary distribution line extension of the Cable System, including the cost of such excess labor and materials. The recipient of the service will secure any necessary right of entry. The Cable Service will not be used for commercial purposes, and the outlets will not be located in jail cells or areas open to the public, except for one outlet to be located in a public lobby in City Hall that will be used by the public for viewing City Council meeting broadcasts. The City will take reasonable precautions to prevent any use of the Grantee's Cable System in any manner that results in inappropriate use, loss or damage to the Cable System. If additional outlets of Cable Service are needed in such buildings, only the Grantee is authorized to complete the Cable Service expansion to support the outlet installation(s) and the building occupant will pay the standard installation fees. No other Cable Service fees shall be owed in connection with additional outlets. SECTION 13. FRANCHISE VIOLATIONS 13.1 Non -Material Franchise Violations (A) If the City believes that Grantee has failed to perform any non -material obligation under this Franchise, the City shall notify Grantee in writing, stating with reasonable specificity the nature of the alleged default. Grantee shall have thirty (30) days from the receipt of such notice to: (1) respond to the City, contesting the City's assertion that a default has occurred, and request a meeting in accordance with subsection (B), below; or 27 PH-1 (2) cure the default; or (3) notify the City that Grantee cannot cure the default within thirty (30) days, because of the nature of the default. In the event the default cannot be cured within thirty (30) days, Grantee shall promptly take all reasonable steps to cure the default and notify the City in writing and in detail as to the exact steps that will be taken and the projected completion date. In such case, the City may set a meeting in accordance with subsection (B) below to determine whether additional time beyond the thirty (30) days specified above is indeed needed, and whether Grantee's proposed completion schedule and steps are reasonable. (B) If Grantee does not cure the alleged default within the cure period stated above, or denies the default and requests a meeting in accordance with subsection (A)(1), or the City orders a meeting in accordance with subsection (A)(3), the City shall set a meeting to investigate said issues and the existence of the alleged default. The City shall notify Grantee of the meeting in writing and such meeting shall take place no less than fifteen (15) business days after Grantee's receipt of notice of the meeting. At the meeting, Grantee shall be provided an opportunity to be heard and to present evidence in its defense. (C) If, after the meeting, the City determines that a default exists, Grantee and the City may agree on a plan and schedule to cure the default. Absent such agreement, the City shall order Grantee to correct or remedy the default or breach within thirty (30) days or within such other reasonable timeframe, beyond thirty (30) days as the City shall determine. In the event Grantee does not cure the default within such time to the City's reasonable satisfaction, the City may: (1) Recommend the revocation of this Franchise pursuant to the procedures in subsection 13.2; or (2) Pursue any other legal or equitable remedy available under this Franchise or applicable law. (D) The determination as to whether a non -material violation of this Franchise has occurred shall be within the discretion of the City. Any such determination by the City must be in writing and must be based upon findings that include Grantee's submissions, provided that any such determination may be subject to appeal to the City Council or review by a court of competent jurisdiction under applicable law. 13.2 Material Franchise Violations (A) The City may revoke this Franchise and rescind all rights and privileges associated with this Franchise in any of the following circumstances: (1) If Grantee fails to perform any material obligation under this Franchise; (2) If Grantee willfully fails for more than three (3) days to provide continuous and uninterrupted Cable Service; EM PH-1 (3) If Grantee attempts to evade any material provision of this Franchise or to practice any fraud or deceit upon the City or Subscribers; (4) If Grantee becomes insolvent, or if there is an assignment for the benefit of Grantee's creditors; or (5) If Grantee fails to provide the insurance or other security required by this Franchise. (B) Prior to forfeiture or termination of the Franchise, the City shall give written notice to the Grantee of its intent to revoke the Franchise. The notice shall set forth the exact nature of the alleged noncompliance. Grantee shall have thirty (30) days from such notice to object in writing and to state its reasons for such objection and provide any explanation. In the event the City has not received a timely and satisfactory response from Grantee, it may then seek a termination of the Franchise in accordance with this subsection. (C) The City Council shall conduct a public hearing to determine if revocation of the Franchise is warranted. (1) At least thirty (30) days prior to the public hearing, the City Clerk shall issue a public hearing notice that shall establish the issue(s) to be addressed in the public hearing; provide the time, date and location of the hearing; provide that the City Council shall hear any Persons interested therein; and provide that the Grantee shall be afforded fair opportunity for full participation, including the right to introduce evidence, to require the production of evidence, to be represented by counsel and to question witnesses. (2) A verbatim transcript shall be made by a court reporter of such proceeding and the cost shall be paid by the Grantee. (3) Within thirty (30) days after the close of the hearing, the City Council shall issue a written decision regarding the revocation and termination of the Franchise. (D) Grantee shall be bound by the City Council's decision to revoke the Franchise unless an appeal to a court of competent jurisdiction is filed within thirty (30) days of the date of the City Council's decision. (E) Grantee and the City shall be entitled to such relief as the court may deem appropriate. 13.3 Termination (A) If this Franchise expires without renewal or is otherwise lawfully terminated or revoked, the City may, subject to applicable law: (1) Require Grantee to maintain and operate its Cable System on a month -to - month basis until a new cable operator is selected; or (2) Purchase Grantee's Cable System in accordance with federal law. 29 PH-1 (B) The City may order the removal of the above -ground Cable System facilities and such underground facilities from the City at Grantee's sole expense within a reasonable period of time as determined by the City. In removing its plant, structures and equipment, Grantee shall refill, at its own expense, any excavation that is made by it and shall leave all Rights -of -Way, public places and private property in as good a condition as that prevailing prior to Grantee's removal of its equipment and without affecting electrical or telephone wires or attachments. The indemnification, insurance provisions and letter of credit, if any, shall remain in full force and effect during the period of removal, and Grantee shall not be entitled to, and agrees not to request, compensation of any sort therefor. (C) If Grantee fails to complete any removal required by subsection 13.3 (B) to the City's satisfaction, after written notice to Grantee, the City may cause the work to be done and Grantee shall reimburse the City for the costs and expenses incurred within thirty (30) days after receipt of an itemized list of the costs and expenses, or the City may recover the costs and expenses through the Grantee's security instruments if Grantee has not paid such amount within the foregoing thirty (30) day time period. Any costs and expenses incurred by the City regarding such removal shall be included in the monies due the City from the Grantee, including reasonable attorneys' fees, and costs and expenses for work conducted by the City staff or its agents. 13.4 Receivership At the option of the City, subject to applicable law, this Franchise may be revoked after the appointment of a receiver or trustee to take over and conduct the business of Grantee whether in a receivership, reorganization, bankruptcy or other action or proceeding, unless: (A) The receivership or trusteeship is timely vacated; or (B) The receiver or trustee has timely and fully complied with all the terms and provisions of this Franchise, and has remedied all defaults under the Franchise. Additionally, the receiver or trustee shall have executed an agreement duly approved by the court having jurisdiction, by which the receiver or trustee assumes and agrees to be bound by each and every term, provision and limitation of this Franchise. 13.5 Alternative Remedies No provision of this Franchise shall be deemed to bar the City from seeking appropriate judicial relief. Neither the existence of other remedies identified in this Franchise nor the exercise thereof shall be deemed to bar or otherwise limit the right of either party to recover monetary damages, as allowed under applicable law, or to seek and obtain judicial enforcement by means of specific performance, injunctive relief or mandate, or any other remedy at law or in equity. The City specifically does not, by any provision of this Franchise, waive any right, immunity, limitation or protection otherwise available to the City, its officers, officials, City Council, Boards, commissions, agents, or employees under federal, State, or local law (including, for example, Section 635A of the Cable Act). 13.6 Assessment of Liquidated Damages PH-1 (A) Because it may be difficult to calculate the harm to the City in the event of a breach of this Franchise by Grantee, the parties agree to liquidated damages as a reasonable estimation of the actual damages. To the extent that the City elects to assess liquidated damages as provided in this Franchise, such damages shall be the City's sole and exclusive remedy for such breach or violation and shall not exceed a time period of one hundred eighty (180) days. Nothing in this subsection is intended to preclude the City from exercising any other right or remedy with respect to a breach that continues past the time the City stops assessing liquidated damages for such breach. (B) Prior to assessing any liquidated damages, the City shall follow the enforcement procedures of this Franchise that provide the Grantee proper notice and a right to cure. (C) The City shall not assess any liquidated damages if the Grantee has cured or commenced to and completes the cure under the enforcement provisions of this Franchise. In the event Grantee fails to cure, the City may assess liquidated damages and shall inform Grantee in writing of the assessment. Grantee shall have thirty (30) days to pay the damages. (D) The first day for which liquidated damages may be assessed, if there has been no cure after the end of the applicable cure period, shall be the day after the end of the applicable cure period, including any extension of the cure period granted by the City. (E) Grantee may appeal (by pursuing judicial relief) any assessment of liquidated damages within thirty (30) days of paying the assessment. Pursuant to the requirements outlined herein, liquidated damages shall not exceed the following amounts: one hundred dollars ($100.00) per day for material departure from the FCC technical performance standards; one hundred dollars ($100.00) per day for failure to provide the Access Channel or any equipment related thereto which is required hereunder; one hundred dollars ($100.00) per day for each material violation of the Customer Service Standards; one hundred dollars ($100.00) per day for failure to provide reports or notices as required by this Franchise; and one hundred dollars ($100.00) per day for any material breaches or defaults not previously listed. 13.7 Effect of Abandonment If the Grantee abandons its Cable System during the Franchise term, or fails to operate its Cable System in accordance with its duty to provide continuous service, the City, at its option, may obtain an injunction, or operate the Cable System, or designate another entity to operate the Cable System temporarily until the Grantee restores service under conditions acceptable to the City, or until the Franchise is revoked and a new franchisee is selected by the City. If the City operates the Cable System, or designates another entity to operate the Cable System, the Grantee shall reimburse the City or the City's designee, as applicable, for all reasonable costs and expenses incurred. If Grantee permanently abandons its entire Cable System, then, at the City's sole discretion, such Cable System may become the property of the City, and Grantee shall then submit to the City a bill of sale and other conveyance documents, to be approved in advance by the City Attorney, transferring ownership of such property to the City. 31 PH-1 SECTION 14. FRANCHISE RENEWAL Any renewal of this Franchise shall be governed by and comply with the provisions of Section 626 of the Cable Act, as amended, unless the procedures or substantive protections set forth therein shall be deemed to be preempted or superseded by the provisions of any subsequent federal or State law. SECTION 15. FRANCHISE TRANSFER (A) Except as allowed under subsection (G), the Cable System and this Franchise shall not be sold, assigned, transferred, leased or disposed of, either in whole or in part, either by involuntary sale or by voluntary sale, merger or consolidation; nor shall title thereto, either legal or equitable, or any right, interest or property therein pass to or vest in any Person without the prior written consent of the City, which consent shall not be unreasonably withheld. (B) The Grantee shall promptly notify the City of any actual or proposed change in, or transfer of, or acquisition by any other party of control of the Grantee. The word "control" as used herein is not limited to majority stock ownership but includes actual working control in whatever manner exercised. Every change, transfer or acquisition of control of the Grantee shall make this Franchise subject to cancellation unless and until the City shall have consented thereto. (C) The parties to the sale, transferor change of control shall make a written request to the City for its approval of a sale, transfer or change of control and shall furnish all information required by law. (D) The City may condition said sale, transfer or change of control upon such terms and conditions as it deems reasonably appropriate, including, for example, any adequate guarantees or other security, as allowed by applicable law. Additionally, the prospective controlling party or transferee shall effect changes as promptly as practicable in the operation of the Cable System, if any changes are necessary, to cure any violations or defaults presently in effect or ongoing. (E) The City shall act by ordinance or resolution on the request within one hundred twenty (120) days of the request, provided it has received all information required by law, such as a complete FCC Form 394. Subject to the foregoing, if the City fails to render a final decision on the request within one hundred twenty (120) days, such request shall be deemed granted unless the requesting party and the City agree to an extension of time. (F) Within thirty (30) days of any transfer, sale or change of control, if approved or deemed granted by the City, Grantee shall file with the City a copy of the deed, agreement, lease or other written instrument evidencing such sale or transfer of ownership or control, certified and sworn to as correct by Grantee and the transferee or new controlling entity. In the event of a sale or transfer of ownership, the transferee shall also file its written acceptance agreeing to be bound by all of the provisions of this Franchise. In the event of a change in control, in which the Grantee is not replaced by another entity, the Grantee will continue to be bound by all of the provisions of the Franchise and will not be required to file an additional written acceptance. 32 PH-1 (G) Notwithstanding the foregoing, the City's consent shall not be required for a mortgage, hypothecation or an assignment of Grantee's interest in the Franchise in order to secure indebtedness or for a transfer to an intra-company Affiliate, provided that the Grantee must reasonably notify the City in advance and the Affiliate must have the requisite legal, financial and technical capability. SECTION 16. MISCELLANEOUS PROVISIONS 16.1 Discriminatory Practices Prohibited Throughout the term of this Franchise, Grantee shall fully comply with all equal employment and nondiscrimination provisions of applicable law. 16.2 Notices Throughout the term of this Franchise, each parry shall maintain and file with the other a local address for the service of notices by mail. All notices shall be sent to such respective address, and such notices shall be effective upon the date of mailing. At the effective date of this Franchise: Grantee's address shall be: With a copy to: Comcast of Washington IV, Inc. Comcast of Bellevue, Inc. P.O. Box 97007 Redmond, WA 98073-9707 Attention: Franchising Department Comcast of Washington IV, Inc. Comcast of Bellevue, Inc. 15815 25t' Ave. W. Lynnwood, WA 98087 Attention: Franchising Department City's address shall be: City of Medina 501 Evergreen Point Road P.O. Box 144 Medina, WA 98039 Attention: City Manager 16.3 Cumulative Rights Subject to applicable law, all rights and remedies given to the City by this Franchise shall be in addition to and cumulative with any and all other rights and remedies, existing or implied, now or hereafter available to the City. 33 PH-1 16.4 Costs to be Borne by Grantee Grantee shall reimburse the City for all costs of publication of this Franchise, and any notices prior to any public hearing regarding this Franchise, following receipt of an itemized bill. Because the City is not receiving franchise fees as of the effective date of this Franchise, then upon written request, Grantee shall also reimburse the City for all fees, costs and expenses incurred by the City in the drafting, negotiation and finalization of this Franchise including, without limitation, consultant fees. Grantee may recover the cost of such items in a manner consistent with the terms of federal law. 16.5 Binding Effect This Franchise shall be binding upon the parties hereto, their permitted successors and assigns. 16.6 Authority to Amend In addition to police powers and subsection 3.9, this Franchise may also be amended at any time by mutual written agreement between the parties. 16.7 Governing Laws This Franchise shall be governed, construed and enforced in accordance with federal, State and local laws and any applicable rules, regulations and orders of the FCC (as such now exist, are later amended or subsequently adopted). 16.8 Captions The captions and headings of this Franchise are for convenience and reference purposes only and shall not affect in any way the meaning or interpretation of any provision of this Franchise. 16.9 No Joint Venture Nothing herein shall be deemed to create a joint venture or principal -agent relationship between the parties, and neither party is authorized to, nor shall either party act toward third Persons or the public in any manner which would indicate any such relationship with the other. Further, the Grantee is not granted any express or implied right or authority to assume or create any obligation or responsibility on behalf of or in the name of the City. 16.10 Cooperation The parties recognize that it is in their mutual best interests for the Cable System to be operated as efficiently as possible. To achieve this, the parties agree to cooperate with each other in accordance with the terms and provisions of this Franchise. 16.11 Waiver The failure of the City at any time to require performance by Grantee of any provision hereof shall in no way affect the right of the City hereafter to enforce the same, nor shall the waiver by the City of any breach of any provision hereof be taken or held to be a waiver of any succeeding breach of such provision, or as a waiver of the provision itself or any other provision. 16.12 Severability If any Section, subsection, paragraph or provision of this Franchise is determined to be illegal, invalid or unconstitutional by any court or agency of competent jurisdiction, such determination shall have no 34 PH-1 effect on the validity of any other Section, subsection, paragraph or provision of this Franchise, all of which will remain in full force and effect for the term of the Franchise. 16.13 Entire Agreement This Franchise represents the entire understanding and agreement between the parties hereto with respect to the subject matter hereof and supersedes all prior oral and written negotiations between the parties. 16.14 Force Majeure The Grantee will not be held in violation under, or in noncompliance with, the provisions of this Franchise, nor suffer any enforcement relating thereto, where such noncompliance or alleged violation occurred or was caused by circumstances reasonably beyond the ability of the Grantee to control. This includes war or riots, civil disturbances, floods or other natural catastrophes, labor stoppages or slow downs not attributable to Grantee's employees, or power outages exceeding back- up power supplies, and work delays caused by waiting for utility providers to service or monitor their utility poles to which the Grantee's Cable System is attached as well as verifiable unavailability of materials and/or qualified labor to perform the work necessary. Grantee shall have a reasonable time, under the circumstances, to perform the affected obligation under this Franchise or to procure a substitute for such obligation which is satisfactory to the City. If Grantee believes that a reason beyond its control has prevented or delayed its compliance with the provisions of this Franchise, Grantee shall provide documentation as reasonably required by the City to substantiate the Grantee's claim. If Grantee has not yet cured the deficiency, Grantee shall also provide the City with its proposed plan for remediation, including the timing for such cure. 16.15 Attorneys' Fees If any action or suit arises in connection with this Franchise (excluding Franchise renewal proceedings), the court shall determine which party shall be entitled to recover all of its reasonable attorneys' fees, costs and expenses in connection therewith, in addition to such other relief as the court may deem proper. 16.16 Acceptance Within sixty (60) days after the passage and approval of this Franchise by Ordinance by the City Council, and receipt of the Franchise by Grantee, this Franchise shall be accepted by Grantee by filing with the City its written acceptance of all of the terms, provisions and conditions of this Franchise. The failure of Grantee to file such an acceptance shall be deemed a rejection by Grantee, and this Franchise shall then be voidable at the discretion of the City. 35 PH-1 IN WITNESS WHEREOF, this Franchise is signed in the name of the City of Medina, Washington, this — day of , 2007. CITY OF MEDINA, WASHINGTON By: Title: Attest: By: City Clerk Approved as to Legal Form: By: City Attorney Accepted and approved this — day of , 2007. Attest: By: Secretary Attest: By: Secretary COMCAST OF WASHINGTON IV, INC. By: Its:_ COMCAST OF BELLEVUE, INC. By: Its:_ 36 CITY OF MEDINA Office of the City Manager Date: September 24, 2007 TO: MAYOR AND COUNCIL MEMBERS FROM: CITY MANAGER SUBJECT: 2008 PRELIMINARY BUDGET RECOMMENDATION: Discuss, receive and file. BACKGROUND: The 2008 Budget calendar calls for submission of a preliminary budget to City Council on September 24, 2007. At the August 22, 2007 Special City Council Meeting, budget direction was provided to the City Manager which included: Department Directors would receive a 3.3% COLA adjustment; revenue funds of the General, Equipment and Street funds must equal or exceed expenditures; use of the Reserve fund may be considered for CIPs; No additional FTEs. I am pleased to provide you with a proposed 2008 FY Budget that is balanced, as is required by law, and which meets your guidelines. DISCUSSION: Total proposed expenditures for the 2008 FY for all funds is $7,151,541. Of this amount, $4,722,441 or 66% is in the General Fund. The proposed 2008 FY Operating Budget is principally a plan to maintain the City's existing high standard of services. As directed, no additional FTEs are included (please note the 2007 FY Budget was amended from 23 to 24 FTE with the addition of a full-time Building Official in lieu of continuing to contract for these services), and planned expenditures do not exceed the projected revenues. At year's end, this budget results in a modest increase in the unobligated General Fund balance and a reduction in the combined fund balances of approximately 14%. The reserve fund is unchanged. The following represents more detailed discussion of the budget elements. 2007 Revenue Expectations General Fund revenues are expected to exceed budget projections by approximately $161,136 or 3.3%. The additional revenues are primarily due to increased building permit activity ($150,000), increased interest earnings ($75,000), increased municipal court fines ($25,000), added pass -through fees ($55,000), and miscellaneous taxes and fees ($30,000) offset by shortfalls in sales tax (4150,000), and grant funding (415,000). 2008 Revenue Forecast The revenue forecast for 2008 anticipates that the property tax levy will rise by a total of $125,533. This increase includes the statutorily allowed 2008 1 % increase, plus the 2007 "banked" 1 % increase and an estimated $30,000 for new construction. The revenues received by the City fall into two categories: unrestricted and restricted. Unrestricted revenues are largely General Fund (GF) revenues. Unrestricted revenue may be used for any legal purpose, but restricted revenue may only be used for specific purposes. Examples of GF expenditures include: ■ Police ■ Parks and recreation ■ Developmental services ■ Permitting • Legal ■ Information technologies ■ Administration The GF can be used to pay debt service (of which the City currently has none), and may also be used as a source of revenue for capital projects. Restricted revenues are taxes, fees and charges that may only be used for very specific purposes. Examples are tree removal mitigation fees, which must be used for tree replacement purposes. Real estate excise taxes may only be used on capital projects. A decrease in restricted revenue would cause a reprioritization of the Capital Improvement Plan (CIP); a decrease in GF revenue could cause a reprioritization of service levels. A closer look at GF revenue, followed by a brief look at restricted revenue follows. FACTS & FINDINGS: Unrestricted Revenue General Fund (Current Expense) The report that follows is based on the revenue forecast shown below. The table shows four years of history, the current forecast for 2007, and the forecast for 2008 that has been used in the development of the 2008 preliminary budget. General Fund Revenue 2003 - 2006 Actual; 2007 - 2008 Forecast (thousands of dollars) 2003 2004 2005 2006 Forecast 2007 Forecast 2008 Taxes $2,978.0 $3,340.5 $3,300.5 $3,305.9 $3,031.1 $3,256.7 Licenses & Permits $459.2 $478.9 $800.6 $778.5 $901.5 $901.5 Intergovernmental $222.8 $127.6 $359.5 $250.1 $209.3 $283.2 Charges $4.1 $9.2 $22.2 $20.0 $23.0 $22.6 Fines $127.7 $114.3 $68.2 $69.4 $100.0 $120.0 Miscellaneous $269.5 $270.8 $458.9 $517.6 $569.2 $541.7 Street Intergvt $63.5 $61.2 $63.1 $116.7 $69.1 $149.0 Total Op Revenue $4,124.8 $4,402.5 $5,073.0 $5,058.2 $4,903.2 $5,274.7 Assumptions to GF revenue are: ■ Property tax revenue will increase by "banked amount", statutory 1 % annual increase and new construction. • Sales Tax revenue will decline to reflect 2007 level activity, offset moderately by SST which becomes effective July 1, 2008. 2 ■ Permitting revenue will grow moderately as residential development activity continues to be strong. ■ Interest rates are expected to decline slightly, and intergovernmental revenue will be relatively flat. The GF receives revenue from a variety of sources, but 64% of GF revenues are derived from taxes. Property taxes represent the largest source of revenue (44%). Medina's property tax rate is $0.86 per thousand dollars of assessed valuation, a rate that has consistently declined over that past ten years because increases to assessed valuation are greater than the City's allowed/adopted rate increases during the same period. With regard to property tax levy, this forecast assumes that the City will use its "banked" levy capacity from 2007 of $21,476 as well as the 1 % increase available under 1-747. As the City develops the 2007 annual budget, a property tax ordinance will be brought to Council for consideration. Medina's assessed valuation for 2007 was $2.45 billion. As of this writing King County Assessor had no 2008 tax year information available yet, though it is expected any day. Much interest is given to property taxes and how Medina compares to other King County cities. The attached table provides a comparison of tax rates for King County cities. Medina's property tax rate for 2007 is .864 per thousand, down from .946 per thousand in 2006. The total consolidated rate, including all taxing districts except surface water assessments or Fire District benefit charges in 2007 was $7.47 per thousand dollars of assessed valuation, or a reduction from the $7.80 per thousand in 2006. Sales taxes Sales taxes represent approximately 19% of the Medina's GF revenue. For reasons that are not immediately apparent, sales and use tax revenues are projected to decline by as much as 15% in 2007, however some expected rebound and anticipated benefits from the SST legislation which will be in effect the second half of the fiscal year will offset most of the decline. The long-term forecast has sales tax revenue remaining stable, except for unanticipated single event increases, which are not possible to forecast. Sales tax comes to the City from many sources. Each month, more than 1,500 businesses report sales tax to the City of Medina. The revenue is categorized by industry type using the North American Industry Classification System (NAICS). The following graph shows the six (out of 20 total) industry categories that provide Medina with the largest percentage of sales tax revenue (FY 2006). These six categories provide the City with about 94% of sales tax revenue. Percentage of Sales Tax Revenue for Selected Categories Construction 66% Retail Trade 10% Management, Ed & Health Services 9% Arts, Entertainment & Rec 3% Retail Sales 3% Professional, Scientific and Tech 3% The Pacific Northwest has experienced strong performance in construction activity and it is expected to continue for the next few years. Streamlined Sales Tax (SST) The most likely change to sales tax receipts is the sourcing component of the Streamlined Sales Tax initiative. After vigorous advocacy from the AWC and other groups, this legislation was approved last Spring. The resulting boost in sales tax revenues is estimated to be approximately 3 $50,000 annually, but this is speculative, and it will take some history before we can feel more confident about projecting this element of sales tax revenues. Restricted Revenue Restricted revenue has limitations on what the revenue may be spent. The table following this paragraph shows a four year history, the revised forecast for 2006 and a forecast for 2007. The assumptions are as follows: ■ Street revenue, a state shared source, will increase slightly. ■ Utility taxes will not be raised from the current 0%. ■ REET will remain strong as long as the housing market in the Pacific Northwest continues to hold. Restricted Revenue 2003 — 2006 Actual; 2007 — 2008 Forecast Forecast Forecast 2003 2004 2005 2006 2007 2008 Street $ 63,514 $ 61,163 $ 63,123 $ 116,704 $ 69,123 $149,000 Real Estate Excise Tax $219,735 1 $562,227 $880,306 $873,306 1 $820,000 $900,000 Utility Tax $ - $ - $ - $ - $ - $ - Tree Mitigation Fees $ 47,240 $ 53,924 $ 54,353 $ 15,415 $ - $35,000 Street Fund Revenue to the Street Fund in 2007 will be approximately $69,123 from State -shared gas tax. This revenue base has been relatively steady. Gas tax revenue is provided to cities on a per capita basis. In 2008, a one-time NPDES grant of $75,000 is expected to supplement $74,000 in gas tax revenue and increase the year's total to Street Fund revenue to $149,000. Real Estate Excise Tax (REET) Medina has two Real Estate Excise Tax funds, and each collects % % of the sale price for real property sold in Medina. REET revenue has been steadily increasing since 2004 but is expected to be level in 2008. EXPENDITURES General Fund The 2008 Preliminary Budget GF expenditures have increased 2.0% over the 2007 Budget appropriation. The principal reason for the increase is the incorporation of two years of wage and benefit costs, as well as communication and technology enhancements. As directed by the City Council, no new full or part-time positions have been proposed in this budget. However, these costs have been well tempered by reductions in other areas such as special counsel, LT Consulting services, and Building Official and landscape consulting fees The 2008 Preliminary Budget GF expenditures and interfund transfers total $4,922,441, which is $203,236 under the 2008 GF Revenue forecast. M Equipment Replacement Fund The 2008 expenditures for equipment replacement total $39,480, which is reduction from the $115,000 approved in 2007. The single equipment item being requested is the replacement of an aging patrol car with 90,000 miles and a service record that is becoming increasingly high and unacceptable. While the second phase of a two-year planned replacement of radio equipment is also included in this budget, it is not listed in the equipment replacement fund because we are adhering to traditional government accounting practices which reserve equipment fund purchases for single items with a value of $5,000 or greater. Street Fund A total of $200,000 from the GF is being transferred into the Street fund, which will benefit from a one-time $75,000 National Pollution Discharge Elimination System (NPDES) grant and end the fiscal year with a projected fund balance of $72,271. This fund will continue to support maintenance of roadways, storm drains, sidewalks, traffic control devices, and crosswalks. Phase 11 of the NPDES program will occur, which includes storm system inventory and mapping, as well as pollution prevention operations and the creation of a storm water runoff control ordinance to comply with new federal law. Current Operating Expenses The General Fund, Equipment Replacement Fund and Street Fund make up the operating funds of the City. The total 2008 operating expenses are $5,274,541 which is $68,677 more than the 2007 Budget. Importantly, the draft 2008 Preliminary Budget recurring revenues exceed the 2008 Operating expenditures by $136. This compares favorably to the 2007 approved budget in which expenditures exceeded revenues by $398, 835. Capital Projects Fund The 2008 Capital Projects Fund budget totals $1,798,000, which reflects an increase of $376,000 above the 2007 Budget. The Nearly half of the 2007 proposed expenditures ($760,000) is carryover from the 2007 Budget for the City Hall life -safety repairs, which is progressing through design and engineering phases now. Another $375,000 has been set aside purchase and installation of the City's planned public safety enhancement (camera surveillance) system. A full list of the planned and approved 2008 CIPs is attached for further detail. Other Notable Issues In Spring 2007 the City Council approved staffs recommendation to replace contracted Building Official consultant services with a full-time Building Official. It is anticipated that the service benefits of this change will include: Increased direction and supervision for the building inspector; increased accountability for permit streamlining action plan and future customer service standards; increased productive work hours (eliminates portal- to-portal rates, which are included in monthly consultant fees). The financial implications of this in the 2008 operating budget compared to the 2007 budget is the addition of $104,725 in wages and benefits for the newly added position, and elimination of $150,000 in building official consultant costs for a net savings of $45,275. Given projected actual 2007 building official consultant costs, the expected savings is closer to $55,000 for next year. As agreed, if future building permits activity declines, the Building Official will be able to take over inspection duties, which will further reduce costs. 5 • Preliminary 2008 budget includes estimates of employee health insurance premium increases of 15%. This is an estimate; we have been advised that the increase will be between 12% and 16%. Similarly, other benefit increases have been budgeted at the upper range of early estimates. These will be adjusted prior to submitting the final budget, and could represent some savings. • 2008 Property Tax information from the King County Assessor's Office is not available at the time of this writing so there is no way to accurately report increases in assessed valuation, new construction value, or to calculate the expected tax levy rate. This information will be made available as soon as it accessible —almost assuredly in time for the October 8th Budget Public Hearing. • Calculation of the Hunt's Point Police services contract resulted in a 2008 FY cost increase of $72,000 from $168,000 to $240,000. This is primarily due to higher Police wage and benefit costs, higher communications and technology costs, and the inclusion of emergency management expenses. • The proposed 2008 budget includes an estimate of $78,000 for the City's membership premium in the Washington Cities Insurance Authority (WCIA), which covers us for auto, property and liability. Some adjustment is likely when exact premium amounts are communicated to member cities shortly. • This 2008 budget includes an important financial reporting software upgrade at a cost of $20,000. The current system is outdated, slow and incapable of providing the financial information needed in a variety of custom and standard formats. • Funds are included in this proposed budget to pay for the second phase of the Poplar tree replacement, principally along 84th Street N.E. • Granicus System — This item was included in early budget runs but had to be eliminated to meet the Council's budget directives. The item cost estimate was $106,600 which includes the hardware, software, installation, Council Chambers lighting and sound modifications, and annual fees for editing and streaming audio/video on Internet of meetings. Also included is an agenda manager application and meeting minutes builder application. The $32,000 approved for vastly less feature -rich product in 2007 was unspent. • A total of $375,000 is included in this enhancement camera surveillance system be accomplished in the current year ve completed after January. Further exper budget approval process. budget for the ALPR-enabled public safety This is an estimate based on what work may rsus what additional work may need to be diture refinements are expected later in the • $44,125 in NORCOM technology shared costs is included in the proposed budget. This represents the City's maximum financial exposure and will likely be reduced commensurate with NORCOM's ability to obtain federal and state grants for the purchase. • Emergency Management has traditionally relied on government grants to fund a significant portion of its program activities. No grant funds are included in this year's EM budget at this time. The EM budget is very modest and deserves further consideration. • Given the absence of any participation in the Suburban Cities Association, the membership fee for this organization ($1500) has been deleted in 2008. I With the replacement of a high -mileage, aging patrol cruiser, the City Manager recommends that, in lieu of modest surplus sale revenues, the vehicle be converted for use by the Volunteers in Police Services (VIPS) program. 7 (D m M N (O M M M V LO V M fA M (0 M M W N N O W O M LO W O) O ti O V W O m N O N U) I` N 00 t` tD M N N U) O O N N M O N O V V N N M O) f0 O W N f` f� LO O n M P- N M M O O to O (O 1` O M LO O O I` V D� V (M (O 00 M tf1 �- (M M P- L() OD Cl(O L tD W s- V M O O .- V O O N M V LO W O N N M N N V 00 LO 7 0 0 r (VO 60J V O O fD 0, M M O LO I.- M Ln V N V 1- V O 00 O O O M O L() M to N N M (O V fA x N V Cl) N N 00 (O CO 0) O) M 00 r- ((7 W N I� w- M N �- O) co (0 O 1- O I� I� t0 CO d' N N N 0) co I� �- _ N `-' M V N to I� 0) (O N N F O N O N N N w 0) e- a- (f7 M Ef3 t) O U) N M m O U) O ti N 00 r M n n c0 N M O o 00 r- W O M N V V O O N(D CO M fA U) V M N ti cO tT G U) W tb O M In N M O O c V t0 M cc O O LO to bc O 00 r- co O c N W to LO M cl M c .- O O O O O M M M N l[) � t- (O Lf) O f� O (O M O) w- � W U) W c7 OD 00 W N n to (O O) fM O) N N M O (O N lt) In M � V r 00 In e- N N O O O M LO V (0 U) 00 LO 00 O N M O) r 00 M N (O O t0 0 V V LO O N Lf) M M 00 LO N I,. � O) N M N tO O Cl O O N V U) (D O 00 N (D N N V V m O Un 00 N LO V N co N V) N M N M (O V O LO O N O N O N N (D 00 CO n �- �- M O OC O CO N (O (O n V tf) O LO V O (O N n V V N LO O O V O 1` O CO M O (0 O (D O O OO O LO O V V V N M M 0)M CD fl- N N O r- V LO M LO O O lA (V CO O (0 0 0 a0 N CO M O N CO V N 00 CO CDC; a0 W cO (O -It CD N 0 M co M N tl) r.- LO M N r O �- N m O M r V LO O M (D O Ln ITN N oc V) U) V (O N �- e'- N 1` tO �- N 00 �"' N � Imo- N coW O LO V LO N co N M 00 CO- COCO' M O O N V NN N N N N 00 O O (0 W t+) M W V I., h M 1` I` LO O O M O M M I` LO O r MM O V M V (0 O m O O M W n ti tI N O m O O o N w O h cc LO N V N O (0 M oc N O c Cl O LO V cc c Oc O V V O V ti r (0 W M N Lf Oc Lb N V N U) U) O N (O M� W n O LO V n a0 M W O W M li) LT M O O M O W W a0 m � O V CO W �- to tD � r O O tM O t)) O V (D N U) M O O M 00 O N U) co O 00 O (0 of O O_ O r N (D co (D 00 co O (D r •- ID a0 00 O I`y 00 (0 O LO co V O co 00 LO h M I` M V CO Lf) W N M n V O) V N O LO N to LO N N N M U) N N �- M O CO CO LO O r 00 CO )( N O 00 C') (D V n O LO OC O m N N r O (0 O N� clIh N oc (fl LO O (O M O tD O� t0 O 00 � V ti H O W 00 O Oro 00 r M M N V LO r- V �-- N O LO - co N cM N N N O m M N M O 00 CO Go N f0 co M M ` O (A Eflto 0 10 (D co V r- M IM (D M N O (D n LO V M M M O O V N_ (0 M O N M N (0 CD (D M N "r CD I- I.- M : M M U) W M LM tLi N r--N n m r O N CDM O O anN W O T U) cO ti O � r O 00 O r V O M O O O W V I-- M M O U) M (D LO CD r O UO N O (D 00 M. 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CC Q Q Q N uj ' N L L N M W N W W L L N L Q W W W Z >- >- >- p O W z > w O 00 1� n > w z z Z 00 r OD z 00 X X X W 0 0: NOD N N k d W y M M CL W O N 0 N 0 N 0 N 0 N O N O N O N O N O N O N O N O N y m U. f, N M 0 N N N W CC Do f- O p8 O r z Cn — N — M — d' — t0 — 01� — — CO — 07 U N N N 0 X X X X r r r r CC CC 2 CC g 8 S S 0 0 O 00 0 O S C CO � OD _ N 1 M N m x 0 T R C O •� m L E G a c Y o c � E 0O m 0 o 3 C R ° c y E m m C a Y U O r a U � � O c R c O o Y a 0 a R o m o a c Rg E r w p 3 O U a o U O m d a E > in O m ¢ OC 0 O Z Z Z p U c d m a C a C o .. u 0 L R N W Z > > c E m « d E o> In U r E c m m m o m m — n o a n E a0 0 E N O d C 0 W N in ooCOL U) Zir_ pco N O ON N 1(,2 N N M 7 0 o U �m O m � N O, 4) m R a m m E $u� v c E � x `o R OC m O m w 0 c N 0 m O 0 R:t� a a Y a E m d U Oa m A R 0 y O > ° v a` m ai a R C 0 X `m Ea>i 0 F O N > R N « c 0 m C $ 0 3 c ° 0 L « > H H m 0 n Ed ° m °i m v a c a R a y m R m 0 m d U a d y m O L m > ro r�3 r CC Z N M + a° �. o T O 0 R G `m � d a � c R d E a t mm m u as =o E o > N R w > o g c O O R — C O R OI m > U Y J N m N c 3 > d 4 y o > 'm C U N m o c o E a d U d o O a m m o f L o E ax °rn a j II II 11 II II d N M 7 0 U m m C N H F >cc H W W W U n ¢ w 2 ¢ a m 0 ¢ 0 0 0 0 0 0 0 0 0 0 0 0 0 6 0 6 0 Ct N N 0 m 0 Nt2n N N N N N m � m a` 3 3 � - 'b m c oIr m n m a o cc m D C m N m O la L N > m > °c v m E m c c m °C :2 ¢ 0 0 v o m m d L m m H L L m m m m `0 c a C7 n a o o m T U U O. 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T W Z Y l0 n T U > U m Q m c _ L � O c aE a o E m U m E Y m U m E d L o m E N '2 N N m n Y o m m U a 0 m m C C N U m o J U m a 3 E m U u) > to O O O N O O N O 7 N M U > > > > 0 O U O� C U ' m N N O � - 'O n J y c m " n y C a�mi C m U m m N n X a L L O �~ 9m y YO N W m O D pp¢ � m O m O c On 6 m O U C a O N O > n a c'� E a «O V .6 m m m L U m a cc b n m o H ai n y 8"> � LL 'mb H m O N m C � c a z E m b m n 0 3 N m o c > m N m 3 ac m a m m v m o me o b m mm m E ac a J m m m a o u > y m m m O J w 3 n c L nL L > ¢ O L N M Z m m y ¢ o ct N j a 0088 pppp 0 o 0 0 O wmwwww co M M M n M M N O mOmlOml � M Q s m N � O W N C7 0 n O m ao o--NM O yaj O O O O O N F N N N N N N a U � U a o a w x O y a o y 2008 Salary Schedule Position Title Positions Authorized Monthly Salary City Manager 1 $8,060 - 9,845 Police Chief 1 $7,440 - 9,105 Director of Public Works 1 $6,305 - 7,695 Director of Development Services 1 $6,305 - 7,695 Police Lieutenant 1 $6,580 - 8,060 Finance Officer 1 $4,640 - 5,675 Building Official 1 $5,830 - 7,053 City Clerk 1 $4,395 - 5,375 Maintenance Supervisor 1 $4,847 - 5,652 Maintenance Worker 3 $3,816 - 4,451 Police Sergeant/Corporal 1 $5,512 - 6,544 Patrol Officer 6 $4,678 - 5,779 Records Manager 1 $3,968 - 4,675 Information Systems Coordinator 1 $3,971 - 4,615 Development Services Coordinator 1 $4,054 - 4,627 Police Administrative Specialist 1 $3,971 - 4,615 Administrative Assistant 1 $3,971 - 4,615 TOTAL AUTHORIZED: 24 Seasonal Positions Lifeguards 6 $2,500 Maintenance Workers 2 $2,100 2004 1 2005 2006 - 2008 - 2008 2008 ACTUZ--F ACTUAL ACTUAL Preliminary. $ % DESCRIPTION Bud et Change Change GENERAL FUND FUND BALANCE $ 2,059 535 $ 2,018 490 $ 2,473,487 ti $ 2,320,014 $ (328,350) 12.40% _BEGINNING REVENUES - 4,332,382 5,007,633 ` 4,941,492 P s 5,125,677 364,623 Z66°l9 OPERATING TRANSFERS IN _- - #DN/0! - EXPENDITURES - 3,868,427 --- 4,153,636 - 4,212,208 4 722 441 95,577 2.07% UT OPERATING TRANSFERS OUT 505,000 399,000 ' _ 554,407 200,000 (151,283 -43.07% ENDING FUND BALANCE $__ 2,018,490 $ 2,473 487 s $ 2,648,364 $ 2,523,250 $ 91,979 3.78% EQUIPMENT FUND BEGINNING FUND BALANCE $ 76 264 $ 41,493 $ 67,544 $ 8Q 622 --- - -- $ 80,622 79.3410 - - ----------- - REVENUES _ - 9 045 ------ 2,228 _ (2,500) -100.00% OPERATING TRANSFERS -IN _ 77,000 _ 77,000 77,000 (80,000)) -100.00% EXPENDITURES 120,816 53,177 42,922 _ - 39,480 (75,520) `--65,67°!0 _ OPERATING TRANSFERS OUT #DN/Of ENDING FUND BALANCE - -- $ --- 41,493 $ 67 544 $ 101,622 $ 41,1412 $ (27,980) -40,48% STREET FUND - q' -- -- -- BEGINNING FUND BALANCE $ -- 173,832 $ 191,423 . $ 223,730 $ _ 235,891 $ 235,891 79.19% REVENUES 61,164 63,126 _ ------------- 116,704 149,000_ 75,525 102.79% OPERATING TRANSFERS -IN 400,000 322,000 =; 253,907 200,000 (71,283) -26.28% EXPENDITURES 443573 1 352,819 301,444 512,620 48,620 10.48% OPERATING TRANSFERS -OUT - #DIV,Or OTHER NON -EXPENDITURES _ _ _ #bN/01- ENDING FUND BALANCE $ 191,423 $ 223,730 $ 297,897 $ 72,271 $ (106,384) 59.55°!a RESERVE FUNDBEGINNING FIND BALANCE $ 1,776,380 $ 1,776 380 $ 1,776,380 $ _ 1,776,380 $ 0.000/0 REVENUES - -- --- - #DN/O! -- - IN OPERATING TRANSFERS - - #DN;O!,' EXPENDITURE_S #DN10r; OPERATING TRANSFERS -OUT - #DN, 01 ENDING FUND BALANCE $ 1,776,380 1 $ 1,776,3801 $ 1,776,380 $ 1,776,380 $ O.00Qlo' TREE FUND BEGIN_NING FUND BALANCE $ 19,090 $ 69,592 $ 121,406 $ - _ 83,322 $ (51,078) >-38.00"/a REVENUES 53,925 1 _ 54,353 15,415 35,000 20,000 133.33% OPERATING TRANSFERS -IN --- - - #DN/Ol ' - - --- ------ EXPENDITURES - 3,423 s - 2,539 ------ 2,421 - 79,000 9,000 12.86% OPERATING TRANSFERS -OUT - #DN/O! ENDING FUND BALANCE $ 69,592 = $ 121,406 :- $ 134,400 $ 39,322 $ (40,078) -50.48 0' PARPROPERTY DEBT FUN s - - - BGINNING FUND BALANCE $ 138,685 T $ 102,299 $ 65,911 1'Is REVENUES #DN/0i OPERATING TRANSFERS -IN - 218,500 -__ #Dfv/01 EXPENDITURES _ 36,387 36,387 284,410 #bIV/Ol OPERATING TRANSFERS -OUT - - #DNJOE ENDING FUND BALANCE $ 102,298 $ 65,911 $ $ _- $ #DN/O! CAPITAL PROJECTS FUND BEGINNING FUND_ BALANCE_ $ 538,719 $ 739,600 $ 1,422,007 $ 1 511 420 $ (284,640) -15.85% REVENUES 562,227 880,306I 873,690 - 900,000 0.000/6 OPERATING TRANSFERS -IN 28,000 1 - #DIV/O! EXPENDITURES 389,346 197,899 1_ 499,637 1,798,000 376,000 26.44% OPERATING TRANSFERS -OUT #DIV'01 - ENDING FUND BALANCE $ 739,600 $ 1,422,007 $ 1,796,060 $ 613,420 $ (660,640) -51.85% -- --------..- TOTAL ALL FUNDS BUDGET � 94 i BEGINNING FUND BALANCE $ 4,782,505 $_ 4,939,276 $ 6,150,465 $ 6,007,650 $ (747,074);, -1L06% REVENUES 5,018,743 6,O07 646 5,947,301 w 6,209,677 457,648 7.96°lo OPERATING TRANSFERS -IN 505,000 399 000 554,407 200,000 (15I,283) -43.0?% - EXPENDITURES -- 4,861 972 -- 4,796 457 -- 5,343,042 7,151,541 453,677 6,77% OPERATING TRANSFERS -OUT 505,000 399,000 554,407 __-200000 (151,283); -43.07% OTHER NON -EXPENDITURES #DN/01 ' ENDING FUND BALANCE $ 4,939,276 $ 6,150,465 _ $ 6,7.54,724 $ 5,065,786 $ 743,103)' -12.79% 2:27 PM 9/19/2007 N A* q GO M O m' d pp -. Op O tJ? 0 0 C 00 N ,U rA �l` OI pp rl O.Olc O :. 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IIIiIi'I ,iiji;ijiii' 1,�' L�W.CWzwCQQG7la i•jli;;.:i ` . olo; ' ' . ! cng o•o olo,IS_p YI�II*i j o olo o;o 71 ;.�;i1i _. __t�II-I''i!!•Iii' +IIIjl!!!I!!.';lI _�I!IiIII;1 _ O O'O N.N N � 0cd �O 1D' N N Fr m,M M. M;M M MiM M m'm!M m M M M ml M ~~O C c C O.C.j O O! �pOI Q pO�i CYv C C O.O O C O 0�010 C �p .Q.CI 0!'C.� O I O Oi0 G'Ot� C�OIO O�_O OIC O i� I ICi 5i Ci 'Oi0!O! !CI O!C!Oi Oi OI, Ci O!OI Oi 5 IOi CI� � yoy`�a'oy'1Q°�°,Q�°r G A Q gx�t�AQq��gq�vl �y A; A iN.i O! I !alI 1-4 ! 41 010 N, I .rim 10i v) h N. .. N41 irni f N,e, j a �O1.MI J—!�n Mi l o0i ni NI N' Oi OI ooi O j p{CI n! 0;!Wi Ni O! ;M!`-'IxiN �! hi �G 7 I j pO Ci N� !�I O�!M! i'n!JO o0j M i MIS+;, •--� Ti !�! VI iNi--�i !�C!o0 .-.i (V j l i i i i ; ! j t Ln !F q! i oI �; �� �; �j0! i iw.r�,I, I v u]j ! o• ci ql j cn,d z A w olz �I �Ixi i0 u w. ozicv I i wi o a al'= j.a m 4CJ�.-l� Wi r E 01 p� of w L s,l ai d Q a'i w E-; uo., E.,• o O U vo Una 8- O: 0 olgiS!�ro�T g ��i •,o 0 o>c:Q'o o;� c oo 'c cicio 0 0 ,olo c o o•o�o 0 0;0 o c�o I ; °Clo c OiC OI :O o010 O;O o C O10 0 ;onnt - a ---;'"'--i W oo,cloocl --.Y---y----F--"-j---f-----!-^�"�. loo, § �•--"�--+ 000l o.00l o� t-- i'- #- -W�-N --k.-- Y.- 'r <.-} ,.},__-4-,�.�.. - .,.p..�.,i.-�_ '� \0 C 10 �O IM MGM_ MiM MLM1M; M,_ M!M My MyM!Mu, Mi MiM M Z ppio c> O1O lc �'OO, O'0 C O O c O.O '^J,� v._C O_ CI 8-_i0 I� iO�OI C; Ci «_.C_� �C!C! ! ! •O; C; Ci Ci CI C!Cj0!OI O»—�--_. —,, Q!QI of O!Oi�--;� if '010:0;0 O; OI O O; OI O; O;CCi O' 10!O!O�Oi C; ICi Ci C!Ci Ci O'C; Oi Ci OI C! i O; O; O!0100: !O!O: iO; OI OI O; Ci O; O;O; Ci OI Oi CITY OF MEDINA FY 2008 OPERATING BUDGET LEGISLATIVE FUND: 001 DEPARTMENT: 511 GENERAL OBJECTIVES: Represent the people of Medina in the process of assessing community needs, developing legislative initiatives, formulating public policy, approving the annual operating budget, and overseeing the City Manager's efforts to provide quality public service delivery FY 2008 PROGRAM OBJECTIVES: (1) Continue to cultivate regional, state and national intergovernmental relations aimed at promoting Medina's legislative and fiscal needs; (2) Attend regional transportation, housing, economic development, utility, development and urban planning meetings which can affect quality of life in Medina; (3) Continue to play an active role in the planning and engineering phases of the SR 520 bridge replacement program; (4) Review the actions, recommendations and findings of the City's regulatory and advisory boards and commissions; and (5) Provide fiscal and supervisory oversight to the City Manager. FY 2008 HIGHLIGHTS: Item 4100: Provides funds for expert consultant activities on topics of interest to the Council. Item 4300: Provides training and travel for the Mayor and Council Members to attend national, statewide, regional and local meetings and training. Item 4900: Provides for biannual Council retreat, special supplies and equipment Item 4910: Provides funds for Medina Days fireworks displays and portable restrooms. o � o Op Vi M N yy40 5+4 V} j • : { % .. ' iv�l�oi •viiN , t� o. V!! GC •MI � ;7 7 N'Q'• ! � j I i ! 1 ! j e6i i i i i j7 co i j ! j TT j j ice! i i i i iCU! i I j cn! i Tl,oj ca• + E! N;Fj • 'W zz �Wi I �'���jzi.�l �j.� i i �!aj ! �%qjj c.-FaiQl pjF! i N; N' Ni NI N; cy � W! ix dal 22i 2 2i C7i iw! a•w a;aiwiUlFi�i� ! !c�jO� NiNololo!<-. c: i%.lolo ! Oi^OiOjplsj OO!Oi ! ~ V C!O• � j j �pCppCpippOj oof C!Cj O O!O Oi i i %Oi O�O!C�O1 O!O; C!Oj Oj I !O•C�Oi C; Ci Oi C:O.O:O: .,� CITY OF MEDINA FY 2008 OPERATING BUDGET MUNICIPAL COURT FUND: 001 DEPARTMENT: 512 GENERAL OBJECTIVES: Provide municipal court services to include case review and prosecution of traffic citations, offenses and criminal misdemeanors. FY 2008 PROGRAM OBJECTIVES: (1) Continue to facilitate the administration of justice through the timely review, filing and prosecution of offenses and criminal cases; (2) continue to participate in any state or local court programs at assisting, preventing, treating or sentencing persons involved in selected crimes such as domestic violence or substance abuse; and (3) providing training, reporting and other assistance to local law enforcement agencies to improve working relationships and the efficacy of the court system. FY 2008 HIGHLIGHTS: None. fU d R R o cc I cti y lool ot,-•IOf ;�+ T! I .,�ml Oi iMi. ,.gyp �IVI� IMF I� Oi♦+i � ' I I b9i '. b9 i INi Oi iMl 41 I� i in i I I j j b4! i ivs I yI� �01!Yl� i00iM I�(1 N; Mi �MI�+I OjM 100 I �� iMIO� ! i I s4! ! j ib4 z of jC~I � wl j�Iai o' 10' i Ui ;w �! jci•I i iUi 'olcloloLLo' �� IVIv c7-�v�;Vl' ; I 1- —: Ww �V1�Vll�_Vlj Vli iN'N NjN N , z oci000 ,oloiolo U of Iu col of oleo: clo o;oloi . I I I !oio!oioioi I iololo•o,o CITY OF MEDINA FY 2008 OPERATING BUDGET EXECUTIVE FUND: 001 DEPARTMENT: 513 GENERAL OBJECTIVES: Provide leadership in the development of public policy and service strategy recommendations to the Mayor and Council. Provide direction and supervision to all City staff, consultants and contractors to insure the efficient and effective delivery of municipal services. Facilitate and nurture an organizational culture that is customer -centric, responsive to policy makers and constituents, and adheres to the professional and ethical standards of the International City/County Management Association (ICMA). Provide sound fiscal management through the development of a City budget that maintains service quality, prudently allocates resources, and maximizes revenues while controlling costs. Expand and enhance intergovernmental relationships, and support legislation that serves the best interests of Medina residents. Position Summary Recap: FY 2007 FY2008 DIFFERENCE POS FTE OT POS FTE OT POS FTE OT Personnel: CITY MANAGER 1 0 0 1 0 0 0 0 0 TOTALS 1 0 0 1 0 0 0 0 0 FY 2008 PROGRAM OBJECTIVES: (1) Monitor the SR520 expansion project to insure the City's interests are addressed; (2) Continue to search for viable solutions to the City's need for additional City Hall, Police, and Public Works space; (3) Monitor and insure the timely completion of capital and special improvement projects such as undergrounding utilities, public safety enhancement, 2"d phase Poplar tree replacement, and storm and sewer replacements; (4) Implement programs to improve Council communications such as televised council meetings or online video streaming; (5) Continue to provide oversight and direction to strengthen the City's emergency and disaster response capabilities; (6) Pursue grant and other funding sources as part of a comprehensive strategic plan to insure the continued cost effective delivery of services; and (7) Continue to develop an organizational culture focused on exemplary customer service. FY 2008 HIGHLIGHTS: Item 3500: Provides for the replacement of a file cabinet, addition of a lateral file, and a desk light. Item 4100: Provides for professional consulting services to assist the City Manager in such areas as management, health, budget, performance, franchise and labor negotiations. Item 4200: Provides a monthly communications allowance as per agreement. Item 4300: Provides for attendance at the annual ICMA and Northwest City Manager's Conferences, as well as miscellaneous area -wide meetings. Item 4900: Provides for expert consulting services , public announcement fees, and employee service and appreciation awards. Item 4901: Provides for professional association membership dues, professional journals and newsletters. Also provides for monthly auto allowance as per agreement. 4 D q 7 PpC M M N oo 6 O O Vt ffl �9 N v�i ^+ tfC m � O 6R 92 yy C 7j piC ! C O O po po1= IO fA i L iM M; i1�:N C Ci �j Qllpi i to! O\I j C ;�O cE; a+ O'CJ.I d iao aoi iOiR j iNi `7; v>! 1(Nl�pi Ni j i V)i ioo ivl Aid; - .d'-i-.-•- _f --f _T_ _- _-� __T� - _ _� �' � fn -_.. �7 V; Ivi; M �_. � I N i M hl jOj irloo;p l� i N1 :cV �l i i 1 iMid iN! "I Ml 77^ I ia, oli INi NI iN 01 I I ; Ili iwi i !xi !w! rA iC i iLnrA iC7i �' is i�i Izi ai W;WI j ! Ll W! 13Si F ; ix!� 3i'C, Hi �i woi.a! v�.o��! o Zq >! tii -iCj i0; i �F 1! vv] v]i 0.. 1Cj, E,.,.•• 21 GO I ,_.L !O 010 0 O O INi Ni i m!�j d-i d- 1Ztf r;- 'x Oi j ! rOjO p!pl Ci p!p OI _ W T J--r--=-a - 1 ;__.; d O �� ; O • O� �-_ _•. O .pip O ; ;O: i01p %Oi0;0'O; Oi Oi Q CITY OF MEDINA FY 2008 OPERATING BUDGET FINANCE FUND: 001 DEPARTMENT: 514 GENERAL OBJECTIVES: To maintain all related accounting and financial reports for the City of Medina as mandated by, and in compliance with, the Washington State Auditor's Office. Provide additional services of Risk Management and Human Resources for the City. FY 2008 PROGRAM OBJECTIVES: 1) Research extensively and recommend a new windows based accounting software package for the City of Medina. The software utilized is DOS based, purchased in the 1990's, maintenance for the software is extremely limited, and is outdated. 2) To maintain the timeliness and accurateness of all financial reports including the Annual Report, Taxes, Financial Statements, Payroll, Employee Benefit Plans, as required by local, state, and federal law. Position Summary Recap: FY 2007 FY2008 DIFFERENCE POS FTE OT POS FTE OT POS FTE OT Personnel: FINANCE OFFICER 1 0 0 1 0 0 0 0 0 TOTALS 1 0 0 1 0 0 0 0 0 FY 2008 HIGHLIGHTS: Item 4300: Provides for attendance at the annual WMTA, WFOA and APTUSC Conferences, as well as miscellaneous area -wide meetings. Item 4600: Provides for annual premiums paid into the risk pool to cover the City's liability and property insurance. Item 4900: Provides for memberships, dues, accounting subscription, and unforeseen accounting items as needed. Item 4910: Provides for bank fees and credit card charges, as well as some modest employee benefit plan fees. Item 5100: Provides for all mandated costs related to the Washington State Auditor's Office annual audit of the prior year Financial Statements. 9 ° �Mi .Mr ai � '^ O Cad N iCmT� 0 oS - a rz 00 oo oo , N' bn O;O ai � a a; ' iN N� vOij cc !;l�; N;O O, i eq. OOi �i IN !h N' rj Oi i a al jN NI of � is O :m j I j I i i ai 1N N; Oi Oi; 1M� i� (V; j j v9 i j ! j vJ Ih VlI MI '.M O Oi ' j !�! !�! COI U j iCIO; ! ! !F-�• Ili jWj �. i iU j i !wi cc v w U R7 jWz 'cci i ? fs4 ,w, �' !i.Uj v; !�"! 14 !¢j 3.ai iWl a�i jQ! U Wj Dj H z! jgjj ¢i Gib! i'ii.U-¢i of x�'� 'w! !�!iaj !w! v Z! j j! aj a; �•u jai 1J.F-i IaLa;E-_LOF-�__�11 MIA if-'' r rt !� '"Tj !� ice! j�j �'�!�i ioi Io• polol ,o; j !Oic`O j IOi loi ; Iclol cl0!oi ;o-; . !O• 10! ! iO; OI O!OI O; iC-i—�— i FUND: DEPARTMENT: GENERAL OBJECTIVES: CITY OF MEDINA FY 2008 OPERATING BUDGET LEGAL DEPARTMENT 001 515 Provides legal counsel to the Mayor and City Council, as well as the City Manager and operating department heads, on a full range of municipal matters. Drafts agreements, ordinances and other legal documents. Reviews state and federal law for its impact on local government. Represents, or supervises other counsel, relative to claims against the City, litigation and other legal actions. FY2008 PROGRAM OBJECTIVES: (1) Provide legal services necessary to undertake City programs as formulated and approved by the City Council; (2) Advise all City officials as to legal procedures and methods to accomplish their assignment and duties; (3) Assist in the development of processes which will minimize the City's liability; and (4) Attend all City Council Meetings and provide legal counsel as to process and actions taken. FY 2008 HIGHLIGHTS: Item 4100: Increase due to higher fees adjusted for CPI. Item 4160: Provides funds for special counsel in matters where unique expertise is necessary. �� �— en' �" [ : 22�w Gn \\_®/ /�'););. ,: �/)14— ,«4� CITY OF MEDINA FY 2008 OPERATING BUDGET CENTRAL SERVICES FUND: 001 DEPARTMENT: 518 GENERAL OBJECTIVES: Provides a variety of internal support, record keeping, information technology, and public information services. Coordinates production of meeting materials for the City Council, Planning Commission, Park Board and Hearing Examiner. Produces meeting minutes; provides public noticing of public hearings, meetings and development permits. Ensures timely codification of newly adopted ordinances, and timely legal publications of notices, hearings, ordinances and resolutions. FY2008 PROGRAM OBJECTIVES: (1) Continue to maintain all City official records, keep the minutes of official meetings and respond to requests for information under the Public Records Act (PRA); (2) Provide communication and information technology support to the City via the maintenance of telephones, servers, networks, desktop computers, cell phones and PDAs; (3) Continue to explore agenda development and records management software programs in an effort to streamline processes and become more efficient; (4) Publish and distribute official meeting and hearing notices, procurement bid packages, monthly and quarterly newsletters, and other information of interest to the public; (5) Process U.S. Passport applications; (6) Serve as liaison to King County concerning elections and voter registration; (7) Provide secretarial and clerical support to the City Manager and other City Half staff; and (8) Provide in -person reception services and handle telephone inquiries and calls for service. Position Summary RecaD: FY 2007 FY2008 DIFFERENCE POS FTE OT POS FTE OT POS FTE OT Personnel: CITY CLERK 1 0 0 1 0 0 0 0 0 INFO SYS COORDINATOR 1 0 0 1 0 0 0 0 0 ADMINISTRATIVE ASSISTANT 1 0 0 1 0 0 0 0 0 TOTALS FY 2008 HIGHLIGHTS: Item 1200: Provides for overtime for Administrative Assistant to attend Planning Commission and Park Board Meetings. Item 3100: Provides for office and operating supplies for City Hall; increase due to additional need and higher costs. Item 4100: Provides for professional services including MMC Code updates and publishing, and consulting services for electronic records management software. Item 4300: Provides for training, travel and subsistence for City Clerk and Administrative Assistant at relevant institutes, conferences and area -wide meetings. Item 4500: Provides for the rental of offsite storage space, and for Public Works trailer. Item 10-4800: Provides for routine maintenance and repairs of computers, phones and office equipment. Item 4910: These expenses have been transferred to Central Services under Item 4910. Item 30-4800: Provides for custodial services, routine maintenance and repairs in City Hall. Item 4903: Provides for City membership in regional coalition for housing. C- 0 M 4 G •'-� .'"� spue. � � a, C » CT f" h M 6 c 1= O N o r �. 6 lLr O O N O O �+ C.. O 19 C C C`i C C �D N' fV 6D 00 O M O �D C I? C N 7 v i~ A N + G N c 19 vi ' Q sNs i'� � k� - vl bi » pO O O pp O :O pp © O � � �.. c:i G � O � C« M N C t? �• O C O a v't tP O :. O t3 v�� O en ;O Oi C O OiC O CI O O' O C ! I m iv`i oo m ml C O ci of C ;O C.G G CI O; O G '•Q y N jN 7! ;N Nj imm ,N .O!�ni �. -+fNl .N vii iNi--� m: O', jN N: iMl V�I IM; MI j ! i s • ,.�. �O. ' M `D ml wl ! m.. 00 FARM MI i r N r N 00 .�OiN �O a'CT V) m' vi r!ao h oo M oo rl N! fi vl.r .OiO N �. . !7' 7' N-! fq o0--' j(Vl hlGl!Vi!ool Nl -roil CV 71 �N i N!dli j i I i I I j i j i I j i I j i I ' 101 -�� i^'i ^�' j<t 7• iOi :,0!Vl!�n!MIO�l00!l0!V l�l. O�!7!CICTI VI WICS eni ao jNiG. jrnjoc ,-.i Oil Ri ,�• I �, j ;oo. Sri �t oo! rj 7 •� im vl Mj ih: n:,c l�l !Ml--.!Clrl !+Di obi ^; !D,i Ol Ifi p• 71 !7: !'.1 cl'i I I� ^'! iNi io01 j M; !Ni Ml of ui j i I � i : I j�j ih M i0i Oj 'rj j loo o0i '7i Nienl ool V!rn!N!-Si M;.-. hl iN!N!�010!•-.!Oi tl�O icl'l .-.; i I ; ' MI !m hi jaoj m hl i� hI ; o0 00 ,� jar rn Mi N!�Oi 7. Oj oo[c im \O!m 1 .61 NI—�. ao Mi N o ! 7. j i j j I j iN lei v I � c ! i•v,i ill � ' � c.Uj l�j d; i � ill d; i ! i i !zi i !.,: :vilsl l'@ ! oiw• :I 'a a ''!:U��wA �; wcWva�W>] j�j I o; iwi +jai ice! iH; >aw�WWxHdFCFes'1} ;:;l �y6��. �3q�.W�vwd.� raHClWa¢n� bwaoGI 'i'I;l ii!: 'i �:�3CCmao�� :ilj:ii'; ;;i::i; l,iijllIj! z W oc ecmov� a�aEEA0._~�"_'_.' l+j::': 1.2 C�c�Gaa��a�i .,3 !i'iii- ;.lij;_ aiWzO!waFHX" i;iiII .�wC"".d>-'1 ?) ;li!j .aOaUO°��c❑' :•.j!ji4Q$F�0.aUa�.;i 1Ij;ji! ! qj vadn!1`!l;j Oj �V ii;ij il Ph�xaFCFaz.d i -saOp2coo p�>. j•Fl:,! 'waoC��000T x T'^3�'ouiiIi: °EoOcm=d.i.;j:;,: r2a+a3i�.' i;;•Iil I!'i�i 'C. e�OoCR�^��� jij,lI'!' �vwaUiqij'li ii';;ilwxOn�w���S ^ w .i,'!lI o 0 :j,j u �3°pOro`❑ti�v �3o��c`�vva; i+i;;i'f vl0 'i!i,j! ij0 i;;Illi! i:�;!lfjIi: <i Al:?:i Ti -CWWz�aWO�,_ o 0p0 ozi o��wny�o •j SI!jj:!; 1IlIl' .Oo �•r N ;i!'•�;�j! I ! t .--; N M ct �fijh 00+01 O�V ���.Ot � ' ��• _ i - va +n i � � I i h I ' I I �n vi ! vi v� �' v� -vi vi i v�i : vi' �n ' v� i vi ! � 10, OjOi ( ! 'O i 60. C•O OI OiO C iO O:O : =0 ! O'O Oi0_O'C!O.0 Ol__! '� V lc' O!c !C 10• 'p O 0;o c aG -;c cl lOiO 'c 0 51 d � i -�-- d; � O+CT.._.TO I C O 1 O! O I o cl I oho o ^;o o.O;o a o Gic I � p C rh p6c,yy } Op p� g O o o O o ap v 6 O O G :�� G *O W O a W cY'n ni 'T cT O Yi C> g C3 G g g 6 C O C 04 � H3 Oi0 O O 'n: O ii Ni�n l�j j itj7!'IOi i i i i i i ietN �Di 0� iNl�i O! i�i �; NI C ,!d': M% • !vi OOMi ^'1 .-:i N! � iNi ' I I cn .-. i OI 7; Ni I I I in �-elj j j e9i i � I i j j 69 ;NIX v,i �N ! ,OOP OjN.Cj Nj O0 v Ni00 �! N17;v1; ! ! i j vi "r3i Ui jUi 0 LID; vi 'W iE 1I`OI'Olilz mwxH!¢`aV)¢w W;CY ox ;Ntmi V��Oi[� a+1O O.O O CjC� i _O O r _ — - Yip j . '-,i-I - a: `" 10 T jWo!o 0;00 0 ojo 0 0�0'0 0 ojo _ __ .�. _ _ ool oho ! f- rn rn rn'rn o,lrn o, rn}�•��rn rn rn _ -^ 'n,'n%y !:ni v��v>y'n��vi1_v>y vii 'n•v%v: _ _ _ o Ob�lc, O OO CEc�OO O! ppC OO;C 8O8OOiC �10O1 Io cD-� i u �Q!� Oi O O OO O 00%iOO ' i0O'COi: 0COO O; l i COCi!: 0CO'OO C OO+OOO.CO .00 �OOT:CO I , � i iC0 % C0iOOi O{iOi IOIOiCO Oj C!I O!i OC.ii C. C: CITY OF MEDINA FY 2008 OPERATING BUDGET INFORMATION TECHNOLOGY FUND: 001 DEPARTMENT: 519 GENERAL OBJECTIVES: Provide quality, cost effective, reliable, and current information technology tools, systems, and services including customer and user support. Procure, maintain, and support primary computer applications for all departments and related database systems. Works closely with many vendors to assure good vendor/client relationships and manage software support contracts with vendors. Manage the City's Internet web site. FY2008 PROGRAM OBJECTIVES: (1) Monitor and administer local area network and communications systems to ensure consistency and reliability; (2) Improve systems to allow for online video streaming of public meetings; (3) Improve the City web site to further enhance its effectiveness as a viable communication tool; (4) Work with Finance Officer and vendor in the implementation of new financial software for Accounts Payable, Cash Receipting, Payroll, Miscellaneous Billing, and Budget; (5) Work with Development Services Department to implement a new scan station and associated database for electronic document storage and archiving of building records; and (6) Implement new hardware and networking configurations to reduce monthly telephone system costs. FY 2008 HIGHLIGHTS: Item 4150: Provides professional consulting as needed or during emergencies; improvements to web site; consulting for online video streaming project; and cost saving upgrades to IP telephone system. Item 4800: Provides ASM (Annual Software Maintenance) for various software programs; network antivirus subscription renewal; email security and filtering; domain renewal; web site hosting and services; telephone system maintenance. Also provides minimal contingency funding for unforeseen or unexpected needs. Item 6450: Provides for replacement of the City finance management software. 0 0 \ o epo o V: ool, oc 0 9 : - nN+ Q o i Vi py Oi 7'01 Mi O IM lai I i ; lei M! M j j ! jwj� O! i is V1% i i Oi cii ! j t- I of ui I N; dii j j i s5! ! iva i � Wi v�i331Vi "w� til Oj jF-'. I jo Zi ivj roi.s.SiW; ,a! j �Hi s i IT, Ocnitx-� Oi ixi WE w; jHi1 �I v;OI i¢! 0;01 j0! �'•, Oim'F�a�iF� �Uir�m;F: F oioi ^ioi j I I 'Omni Oi I I IO�v�i 0 ol� r - !� �p!p'oj iz I jo!oioi joio; ! !U ! !o�ofol 1 IO�j 000i ! o Cl I ;o;o;p; ioio, 0 0 N O a 00 N 04 fo 04,,E CITY OF MEDINA FY 2008 OPERATING BUDGET POLICE DEPARTMENT FUND: 001 DEPARTMENT: 521 GENERAL OBJECTIVES: To protect life and property, maintain order, enforce the laws of the State of Washington without prejudice, and work cooperatively with the public to provide a safe community to all. Provide a full suite of public safety services to Medina and the contract Town of Hunts Point including, but not limited to; proactive and reactive police patrols, in-depth case investigations, School Resource Officer, issuance of concealed weapons permits, fingerprinting for employment, professional licensing or governmental requirements, City code enforcement, animal control and house watch. FY 2008 PROGRAM OBJECTIVES: (1) Improve Police dispatching services through membership in the NORCOM — Eastside Communications/dispatch center; (2) Continue to recruit and hire the finest Police Officers in the nation; (3) Continue targeted traffic enforcement measures to increase motorist and pedestrian safety; (4) Present traffic safety classes to the public; (5) Continue to pursue federal, state and local grants to offset department funding needs, as well as use grant funds that will encourage interagency cooperation; (6) Re-establish a School Resource Officer presence at our 3 elementary schools; (7) Establish a legitimate Emergency Operations Center/Disaster Preparedness center; (8) Fulfill all mandatory and professional training requirements for each employee per accreditation standards; (9) Achieve re -accreditation status; (10) Initiate full usage of the Public Safety Surveillance Camera System; (11) Manage the seasonal Lifeguard program; and (12) Create a Volunteers in Policing (YIPS) and Reserve Officer program. Position Summary Recap: FY 2007 FY2008 DIFFERENCE POS FTE OT POS FTE OT POS FTE OT Personnel: POLICE CHIEF 1 0 0 1 0 0 0 0 0 POLICE LIEUTENANT 1 0 200 1 0 200 0 0 0 POLICE SERGEANT 1 0 150 1 0 150 0 0 0 PATROL OFFICER 6 0 1207 6 0 1240 0 0 33 RECORDS MANAGER 1 0 0 1 0 0 0 0 0 POLICE ADMIN SPECIALIST 1 0 0 1 0 0 0 0 0 TOTALS 11 0 1557 11 0 1590 0 0 33 HIGHLIGHTS: Item 1200: Increase in OT is due largely to the negotiated salary increases, and reassessment of needs. Item 3170: Provides for the replacement of half the department's portable radios, including software and batteries. Item 3520: Provides for the replacement of firearms and holsters that have lost 75% of life in their tritium night sights. Item 4100: Provides for professional consulting services to assist the Police Chief in such areas as expert witnesses, personnel management, civil service, health, budget, performance and labor negotiations. Item 4200: Provides for monthly communications for all officers so they can be summoned on or off duty for emergencies. Increase due to addition of handheld citation writing devices, software and communication equipment. Item 4300: Provides for attendance at the annual IACP, FBI and WASPC Police Conferences, as well as miscellaneous area -wide meetings. Item 4920: Provides for one replacement mountain bicycle and associated equipment for the popular Bicycle Patrol. The last bicycle purchased by the department was 2000. Item 4940: Provides for professional association membership dues, professional journals and newsletters. Item 5115: Provides transition costs to NORCOM—regional communications dispatch services. Item 6440: Provides for Medina's share of NORCOM Technology start-up costs. pp 0*4 . o o e e c `R \ o 40 .,•r-� O ml 0. v cram Cscrr m m h h 7 h N 0 0 0 e e o or'ocmN o © o\ c o goO c ago o c'co©o od K +n c N 1- O cw C O O a eLy m c��SS 06 C? tD v h .--" ,--� .... +t N N dyj. 00 c�+� 7.h- �m3" :�i 101 c M O O �Oi [� .�n. C O;O O t({ O O!C i0 O o Oi O i O O O;C Oi C,....! i, � �! i0 O= ' 01 :Q\I [� •N• O,:niC [�; :n O�i K'O�n ...10 N O ...;0 O O_ hi I ;N N ! I ' N { O iMMi .•.. � O-^� Go N; m vi:h [� -N:�G C N'h,o0� I O ,I-! N N I rn Ih I I ;rn � N o, h m h o 00 :h. h m m poi oo: IM1 I ''01 :M O o+ N {h� 'O � 7v� ' N.01O N� � N 00 [� iM "O' �. �•Nl�n .N� N . �0 CT N�h�'.b. J0; a0 007 �� i 00 N �O! 01 T ! �O •al ^I N� N Ni M �N 7i i i I :� f-I � I � I I 3 � o �, i-0. 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C O OI ;[.r C; CI olO O!C;_O�O�O�CIC C, CI C�C C O; O- O O ....T 'V p•C 01818181 C O.01 O i 0100 CO101- G- 101 oO^CJ' O,C 0 o'c o o-ono- o IpIo:O:olo: ioiclO:Oiclolc101ol01 look; O0'0'0'OlOf 01 O! f 101010 of C'Oi 0i0 of O�OO1 !cicl0' r CITY OF MEDINA ., FY 2008 OPERATING BUDGET FIRE DEPARTMENT FUND: 001 DEPARTMENT: 522 GENERAL OBJECTIVES: Assists the public in the protection of life and property by minimizing the impact of fire, medical emergencies, and potential disasters or uncontrolled events that affect the community and environment. FY 2008 PROGRAM OBJECTIVES: Ongoing evaluation of community safety and compliance with recognized standards of fire protection; (2) Participates actively in the King County EMS Strategic Plan initiatives; (3) Perform annual program of fire inspections which reflect continued efforts to reduce the incidence of fires; (4) Comply with new National Incident Management System and National Response Plan standards; (5) Participate in numerous community -wide events, including drills and planning exercises, providing educational opportunities in fire safety, EMS, and emergency preparedness; (6) Strive to meet response time goal of 6 minutes or less, 90% of the time; and (7) Continue to provide timely project plans review and oversight inspections to ensure new construction comply with fire code standards. HIGHLIGHTS: Item 5100: Fire services, provided under contract by the Bellevue Fire Department, reflects a 3.04% increase over FY 2007 costs, and is based primarily on population plus the current LEOFF I payment. ol all & 2;]; .\ w\ - i� �[2: k�)� i } / ® / m a � A4 1� : \�_ .. _ , r .lu R=1 {}\ �'@'..:. CITY OF MEDINA FY 2008 OPERATING BUDGET EMERGENCY MANAGEMENT FUND: 001 DEPARTMENT: 525 GENERAL OBJECTIVES: Provide continuing emergency preparedness efforts for the community. Continue to encourage and incorporate expertise and dedication of citizen volunteers. Work with residents on their Neighborhood Plan, identifying skills and equipment which can be used during a disaster response. Document those residents who may have special needs. Provide direction and support to the Medina Emergency Committee. Explore all opportunities and maintain compliance for grant funding, supplementing budgeted funds. Responsibly manage necessary expenditures. FY 2008 PROGRAM OBJECTIVES: (1) Strengthen community program of emergency preparedness; (2) Launch YIPS (Volunteers in Police Services) Program; 3) Grow neighborhood response groups; 4) Expand community sheltering relationships and agreements; 5) Pursue and manage grant opportunities; 5) Monitor and respond to Medina's required compliance with County, State and Federal regulations; 7) Support Employee Training and Exercise; 8) Purchase and maintain employee emergency supplies: and 9) Update and maintain all emergency preparedness plans. HIGHLIGHTS: Item 3100: Provides cabinet to store HAM Operator equipment, dedicated phone line and monthly fees, laptop computer, printer and fax, as well as emergency preparedness supplies throughout the year. Item 3101: Grant monies have all been expended for CERT Program. Item 3102: Provides for Volunteers In Policing (VIPS) uniforms, equipment and supplies Item 4100: Provides professional Disaster and Emergency Preparedness Consulting Services Increase reflects approval of a new contract. Item 4101: Grant monies have all been expended for CERT Program. Item 4800: Provides for repair and maintenance of mobile command vehicle. IR a o 0 0 a c- bb 00 F7 qt a an o-r N � ' I O_o OI ! I Cl j !� 10 ! In i py j ICI m� t crt�� I� oo I N v�\oj lo�i �'• ! jam, �! Ili �! of 3! I I I i i ! �! ! � - G i ! 'n • v� oNo oNo i ! N can 1 i i ,It NI U; ! UO Z H �' i ja,l !•U; IU!v! �`�'' IUi z; I ,'� !� ! i�ir�� �; gib' iU 8i oil! of Iw: �z'+', 0� 0! I �! IFI �•rJi (-�j o! w III8 s s GP I ��'^ 'N!N!N• ! Nj N!NI N ! N�NIN jz ! i01 Oy CI Ic!Qi O!O! ,FI �_;� !Oi Oi j.—-�Oi U %O^i01 p C Ci Oi 10 Oi OI Oi i _i Cl O C!O� j010101 t0"oi0 ! �O!Oi Oi O! !p!OI Cj I CITY OF MEDINA FY 2008 OPERATING BUDGET DEVELOPMENT SERVICES FUND: 001 DEPARTMENT: 558 GENERAL OBJECTIVES: Uphold building safety and neighborhood character throughout the City within the constraints of established regulatory authority. Assist City Council in adopting long range planning policies. Assist Planning Commission and City Council in implementing policy through code writing. Provide excellent customer service to citizens seeking to 1) explore development rights, 2) process permit applications, and 3) confirm code compliance of neighboring projects. Provide professional construction inspections with transparent interpretations of code requirements. Facilitate land use permit hearings that provide ample opportunity for all interested parties to participate. FY 2008 PROGRAM OBJECTIVES: (1) Continue the transition to a staff Building Official; (2) Continue the transition of new individuals into the duties of the Planning Consultant, Tree Consultant, and Building Inspector; (3) Complete the overhaul of all permit application materials reflecting a superior standard of user -friendliness and including internet access; (4) Search for, and implement, improvements to the applicant pass -through billing system and permit fee collection; and (5) Provide support to the Planning Commission. Position Summary Recaw FY 2007 FY2008 DIFFERENCE POS FTE OT POS FTE OT POS FTE OT Personnel: DEVELOPMENT SVCS DIRECTOR 1 0 0 1 0 0 0 0 0 BUILDING OFFICIAL 0 0 0 1 0 0 1 0 0 DEVELOPMENT COORDINATOR 1 0 0 1 0 0 0 0 0 TOTALS 2 0 0 3 0 0 1 0 0 HIGHLIGHTS: Item 1100: Increase reflects the addition of a staff Building Official, in lieu of former contracted services. Item 4107: The City Engineering Consultant continues to be the most vulnerable to fluctuations in permit application volume. The requested 2008 budget of $160,000 is higher than the 2007 budget of $143,000 but significantly lower than the 2006 actual costs of $225,000. The construction mitigation duties have been reassigned to the Building Inspector to partially alleviate the problem. Item 4101: Reflects an increase for the Planning Consultant which is fully offset by a corresponding decrease for the Tree Consultant. This results from splitting previously combined duties between two individuals. Item 4102: Consulting services have been eliminated as a result of adding a Building Official staff position. Item 4150: See Item 4101 above. Item 4300: Provides for professional development needs of Development Services Coordinator, Building Official, and Director. Item 6400: Provides for furniture and office equipment for new Building Official. � � >✓" C O ;r7 Y? � ury w � -. � V' d' go c C cS O. O Ot O © C c0 C =3 O � yO Cs � +✓7 O� C` C � O C? 'n ^✓�' � ,"_"�' O � C C C.(..o.. � „A .� O r%' M � o tl' o 0 0 0 ': o c c c GN � fig p ' c¢, 0• O 7! i j ,7 I^-' .O,'n! N' j p.i I i i I i i i i I I i I i i ' .�I.. s .. - IN N i..;oo C N ;OI,O\ NIF �O 00; �' b{ CCi Ivi ;M; M 1M MI ; Ni 7! �I �; 100! ;F;•--�I I! N i l i j l - »N 1 j •N N•'loot i-,. F j. iN N Inj Wi iMi j M IM MI j~ ~ i71 h', IOi :� �I j l j • • �p V> .-+ 00 ['�. �O R [� •-� �F m r-il N N I O+. I o0 F C j �O N �O M vt Vi ; �oiM N7 ^' ooip� N �! N, lei �S�r j --i of o: 'd Nit a.. +-fi 1. 4 —k - I - i ��t-s', H >' i31i im Io Uj;i!U! w; !a V]; !C7i i�i IW; `aii iz; iZj o}yCAi jvJi �! jj i o• ! �I cdlmj 'w ; it, zi W; 13� a`i I�I ' �I o4 cd, ca, �d� �'G"r j'«Izi �• aJ;Oi I..a� ❑i c'!v�, ; �ja! pi i of 7i��l.�j,�; i�I�i u; �'' �i oji-j.i I IAI IaSi3�31 ,,.a, �; Idl !w• �j pia jC0;0.1 yjw: I gypp...�, �!Uca !a! iUiw^t4=.i m! cis-e' i q; cdi cdi-� ;xi IF.! wi Oj I 3i�h�il p!�I jz I W: I 0.,i iZjof iV]i0 IWj .7i v�; X; p!ia n, � �j N;.Y! pi FjF-� i�I `�' �jUIDi ,rya; � ; AiPiC ❑; ai i ai 'w N• N10, .7 ..;0 �'"' O; 7 7 yi 7' 7 O C 1 Cn'N 7 V �O ' O O o C^ o O c C o 0 0 > �cic olc 1cto - ; 10 O O. -- O O O , 'O O O iwi �1� �imrl� w w �o �o w w 10 1 w w 1�p 'B LQ -� Vim C N �t oo w m,n m 00��I� z,� ao 00 00. ooi �'�t oo v o0 z I •pO: pO O ; O CI loi CI O Co O'O O'O O•; OHO C 0010 O O XjC C --j- ! u 10�18 j0 O ' O: OIO CO O;O!O O10 O'O O;O'O Oj0 O C ! ; 0.010' 0 0 L i O: -!C O Oio� CIO O_•O Oi_O C O;O O O ,O O': O!O ISOi 010 O!CO C:OiO C �!O O j 0C i0 OI .. \\ it — \,\�--- )' [ ,5�k� �/� z3;;�a;;Q. :2:..:. 10 \ ;2e_�2/� •' � .��—�-- �; CITY OF MEDINA FY 2008 OPERATING BUDGET RECREATION LIFEGUARDS FUND: 001 DEPARTMENT: 574 GENERAL OBJECTIVES: Provide a comprehensive program of lifeguard services designed to maximize the safety of persons swimming at Medina Beach. FY 2008 PROGRAM OBJECTIVES: Recruit and hire qualified Lifeguards certified in Lifesaving, First Aid, CPR and Emergency rescue; (2) Provide lake lessons for swimmers 6 to 13 years old; (3) Provide rides utilizing the Police boat, to familiarize patrons with proper boat handling and enhance their enjoyment of the lake; (4) Staff a booth at Medina Days to educate the public about water safety; (5) Host "Movies at the Beach" each weed during July and August; and (6) Continue to represent the City in a professional and customer oriented manner. Position Summary Recap: FY 2007 FY2008 DIFFERENCE POS FTE OT POS FTE OT POS FTE OT Personnel: LIFEGUARDS 0 .87 0 0 .87 0 0 0 0 TOTALS 0 .87 30 0 .95 30 0 .08 0 HIGHLIGHTS: Item 1100: Increase reflects first salary adjustment since 2003 and the addition of staffing through the Labor Day weekend. Cf N yg N 0iv� Vl ,00��0 7 io0 00 NtN N �Di M Cp .9 r I i j I i i I al i 7!h 71 SDI � i'01s!oo h qci 0 `O x N •-•I ' N Oi .�'ji I i i CI t, !oo NI Qi I � I i j i I I � O� I l l w < j l iv" Wm w a U v a . of 5j W' ICI Q! �,r iCjl on i ch°i ;a �•i w A OO ICI R✓ :.a rW NI iC1S { p.i#Fti+l W cd i.? Fi W ¢, !�.'''O W� W ;m 'ji` O; .w QI iWj^yl y y!Qi Qi UI a c'�I ailFi o'Qj !al %°ii _. jdr ''"IFI �P-icCi �: FI jx"! >! p: wl Fj iF >IOi O!F! �W aij �Oj �!wliOl ,FI';v;'-jCi iC: CY.j jai �I i tt .N i-IT� iti jh hj � � INhi fNh! rh!hihl y— OI O.O .v CI CI OHO O! CSC C j p I O'O' Oi i0��� �C�Oi iCi O10! CITY OF MEDINA FY 2008 OPERATING BUDGET PARKS DEPARTMENT FUND: 001 DEPARTMENT: 576 GENERAL OBJECTIVES: Provide programmed maintenance and improvements of City parks and grounds. Facilitate and nurture an organized maintenance program, responsive to seasonal and weather demands to preserve and maintain the City park assets. Provide sound fiscal oversight of the Department budget to maintain service quality, allocate resources, and accomplish improvements while controlling costs. Provide direction and supervision to staff, consultants, and contractors to insure the efficient delivery of services. Encourage and support enhancements to the parks through coordination with the Park Board and the Council. FY 2008 PROGRAM OBJECTIVES: (1) Maintain City buildings, trails, roadside landscape, park grounds, equipment, and facilities; (2) Implement a scheduled maintenance program to improve the quality of the parks' grounds, turf, and landscape areas; (3) Monitor and insure the timely completion of capital and special improvement projects such as City Hall renovation, stair replacement at Viewpoint Park, irrigation system renovations, water quality of Medina Park storm water ponds, and the 2nd phase Poplar tree replacement; (4) Continue to provide support services to other City departments; (5) Continue to improve the City's emergency and disaster response capabilities; (6) Pursue staff training and skill improvement to provide in-house capability for improved and cost effective delivery of services; and (7) Continue to develop an organizational culture focused on exemplary customer service. Position Summary Recar): FY 2007 FY2008 DIFFERENCE POS FTE OT POS FTE OT POS FTE OT Personnel: PUBLIC WORKS DIRECTOR 0 .5 0 0 .5 0 0 0 0 MAINTENANCE SUPERVISOR 0 .5 0 0 .5 0 0 0 0 MAINTENANCE WORKER 0 1.5 0 0 1.5 0 0 0 0 TOTALS 0 2.5 0 0 2.5 0 0 0 0 HIGHLIGHTS: Item 1100: Provides salaries and wages, personnel benefits, and uniforms at 50% of the cost for Public Works Director, Maintenance Supervisor, and three maintenance workers. Item 1200: Provides for overtime pay for the support of City events and inclement weather response. Item 3100: Provides for consumable supplies such as fertilizers, bark, office supplies, garbage bags and mutt mitts. Item 3101: Provides maintenance supplies such as lumber, mower blades, tarps, paint, signs, tennis court nets, light bulbs, gloves, and hearing and eye protection. Item 3200: Provides for vehicle and equipment maintenance and fuel. Item 4100: Provides professional services to accomplish water quality in the park ponds, salmon incubator, and arborist support. Item 4104: Provides professional services for tree removal, back -flow device inspection, material disposal, building inspections, and electrical related work. Item 4200: Provides for communications, telephones, and postage. Item 4300: Provides for travel and training for pesticide application certification, flagging, building operation certification, horticultural training, and job safety training. Item 4700: Provides for utility services; electricity, water use. Increase reflects higher rates. Item 4800: Provides for repair and maintenance of equipment, blowers, edgers, mowers, chain saws, etc. Item 4900: Provides for miscellaneous operations and maintenance needs such as professional services, association membership dues, professional journals and publications. Decrease reflects reassessment of needs. Item 6300: Provides for park improvements through coordination with the Park Board and City Council such as parks and trails landscape improvements, stair replacement, parking lot resurfacing, drainage improvements. Item 6400: Provides for furniture and small items such as tables, benches, waste receptacles, mutt mitt dispensers. O O `"`: O 4 8 O• G QQ O O O e o b 6 - - O N � S_ oS i� o c' c�5 oa ppoa�c M O ' N O V3 rn O O tT n 5f} �; 0 O! ii 0 I 0 0 0 Cl 10 O`O 0 O O CO 0 0 O YJ' O!O C,O 'nIO 0 0 0 O !O O 0 IO O loo Lt c7; OOi C+, M, �n v iNi oo O 'n �D: 'h jN h {O O;o� P! ;vi; oo;C o+ Iv> O O 'Dioi0 m; ih;Oii N%m!rnj�+i O ^. i0!•-, •-.; •-• it lCi Ir Q'i jvjl I i ivi ,F,j CV C !� rml�0!rn N j.. O 1 ON Ir cl I O; 'mJ' Ili I M N :�~ i N' �' �Li N' M 00 01 ' m 'n V11 N '/1 I <T N �6t f 3\ Oj Nf Q' -4101 iN N' I•-. IN M ih:M �O �O O�'n:oo-v1;0 oo;N l� I ;h �o �n m !C� N! !�iIq!? ' O�; Oi' IV •--� SDI ;M h!�O o0- ;h ni 7'7l[� ,-•%N H' :00 V 'N ICI M- i ao N io C ooic 'Ci0 :M Nh;oO iN 11 7i CC; of �i � INj iCi Ns �T: !N; im l j I I I j � j i i i!; i i iwl I ;yml ! iCJI ol l of ;PG; W! :Zj IZi ode! '�i 'Wi of ail ! a' lc4 1-4 A a j �I ai iw;ial a a�; i w: w! :,.�+ Imo; cgoa: Iw; �i0: o!la ;wid S N!�'Vi zz ice! GjO i¢ Uj P! � o; Ci'^j'Ci •-•; ICI U]I Oj Ol OI iG.; UiU; �i iwi Ni -! wl I<1 :F), 81 idii+ : y .O ;ic !> > D �oalcHl ��10 - ��O;wwUFDrx1 v! (DiF coloio oo: c: ov ctc.^o 00 -TMI I - I Ni Ni t i. ;.--ice.--irNr-�-N mi�t�':xi al ! -Ti r. .—. r �000' oCo l� l o0o i oCo l oCo w i 0 C O: C' C O O 00 00 00 00 00 00 004�00 00 00 m 70 p I O!oo ?ppIpp'CI !C C-O! !C C O O;O O Oi ,C.G O ci o;o, ;c o c o,o 0 0� o pO O O!O : OI CIO O� i -C -0 CIO C.OI C O O !O.o of jOC Cl0 O O;_ CO C ,O O _.. OIOIO OI iCClCjOi! COO'Ci rOC 1 .0; i0!f!O V a s a e c e \ o c e \ a c a M C N Qt qGp. .h-' Ca •-r�m..r N i0i 0!7!Nl Oloo!v�i hi Oi Ojvi lCip .. ! i � I 't Niv�i�Di O,�t;O!oc 7 iOi OI Mi N!h!7Mi'7; M!�OioO!M�h �� a� :N"-•:v�,00:N!p!N!7j {�ofooiNm N : O cn'm�N!N; i � I I i OBI NN <t!M�V! OI^:h;oO:NjaO h M i vi!N�C�a�; oo�7; rn; O'�D�m;Nj 4!M!.-:!.-.'i v�i 0�'Ni p!cni 7!N M !�;VtV:ll�a0!01i Mi !vll Mt�O:o0Io0!N h 'O; 7!Mi SA, N O�!R d' !0011 061 06 00 ^I^!Nloolml M! !�o!�Oj�lh!^Ih lo I I I I jyy! I I I vs iz j m cnV cni.oi C! B! G!�!=i i'5,;G 'w"!w!Q>� ai 0 0 N n m a 00 N N N CO © sri e6 Vi N3 Lt ! NI Li� �i hi !oi h O; ul I - j 8!Oi e ,h, Ni O �� I � ! jb9j i tR 1sic! O O 1 i C O O ! 10 j O�' 10 C j o: � ! jrl O� N C 'n N% V;l I %�i I I ice! i Ip i i !mil I �l o:al p;i p,tiwi �L!Wi YG�¢I i8 8!81818! jo oolo- N;�nT _f — 4- -r- Iw COD 1 i8i8!88�i I IF. -x--i _ _ I IU jo of o!oio� rt I lo'oio!o!o� O; oloio;oi � Ot � e r Op d pp� C p�pj e4 • itljl ! I !� i i i j IpOj !O O i0 0 iI I i0 Oi ; �! �I INi N! � '•.� r, iN ! is i i ! f !s1! ! 159 ! i7!�D OI i0 O� i0 �j Iril� rn; !16 j I ! Cai l l i l I ilcn Ui In! iw! !x' �;wl ziice.C4ii ; ! ;zi ! 0.,i I�!G"! q❑,,Wi iWi ';xi I �! v�'�Hi !W� �!H! ! •H !pi a wi - !HI pl — v to P!O! �r -;- - ; o • of---f- r--r--; � CI - CITY OF MEDINA FY 2008 OPERATING BUDGET EQUIPMENT FUND FUND: 100 DEPARTMENT: 395 GENERAL OBJECTIVES: To provide for the purchase and replacement of equipment (valued at $5,000 or more per item) needed to perform a wide range of municipal services. FY 2008 PROGRAM OBJECTIVES: To provide for the purchase and replacement of current year identified equipment (valued at $5,000 or more per item) needed to perform a wide range of municipal services. HIGHLIGHTS: Item 6400: Provides for the replacement of patrol car seven in the police fleet, including all safety equipment, and graphics. yO *? c�; c c b9 fi9 "O i oi(V� 'iNir N o. bi �i j jam;~ i 7 V i i in Ri pi y! ir�iI m Ni V j i I I 71 �i ��joNo!M N i Ni ¢i I i I ill i s1 i I I i I yj I��1vwa�';�i wxI i U al !o^•�; of mac; i i i Ivly' i j is i�lo!o; N I eF' !z j ioj oloj j JV c oI o olo ; cjoiol I i L. .C� O N N N 'eA eq N N ;'. M M CIL -li N N N ag of 'jO�' O I !C CI <ts tO fL ' Wl+-' oo.5f r-i 1 f !N Ni iM Ni uj on 10% I VUI z iWi[al.Q! �i `�i vj�l fzi ! j ��I j 78 �w !O!a! ct in �I 71 7;^I i i Fi �I IC7i IFi a�i i24i!$i>iwiwiai iQQ �;aj la! ; '.,j ! ! of cdi �•; Yi �!¢; C. Q'; jdi ���oloiSiB!S': i i - - I i iai oOL ooY OI !O I '� iM; M; M; M;M; I M M MIM M f i iG\i '• M; ; ; ; t i ;z of oiojo�ol f i OI :olo: lo; 'OI i i !o'co!o!oi �Oi Q CITY OF MEDINA FY 2008 OPERATING BUDGET STREET FUND FUND: 101 DEPARTMENT: 542 GENERAL OBJECTIVES: Provide programmed maintenance and improvement of City streets, sidewalks, and roadside areas for the safe use of the public. Facilitate and nurture an organized maintenance program, responsive to seasonal and weather demands to maintain the city right-of-way areas and assets. Provide sound fiscal oversight of the Department budget to maintain service quality, allocate resources, and accomplish improvements while controlling costs. Provide direction and supervision to staff, consultants, and contractors to insure the efficient delivery of services. Support the improvement and maintenance of City streets through coordination with other jurisdictions, participation in regional transportation discussions, studies, and forums to serve the best interests of Medina residents. FY 2008 PROGRAM OBJECTIVES: (1) Maintain city rights -of -way, roadways, sidewalks, traffic control devices, crosswalks, and facilities; (2) Implement a scheduled maintenance program to maintain and improve the quality of the City streets and rights -of -way; (3) Monitor and insure the timely completion of capital and special improvement projects such as street pavement overlays, sidewalk construction and repairs, storm drain system repairs and improvements, and bridge maintenance; (4) Implement Phase II permit of the NPDES Department of Ecology municipal storm water control program that includes storm system inventory and mapping, pollution prevention operation and maintenance program, storm water runoff control ordinance, development site drainage permitting process, public outreach and education, identification of illicit discharges, and enforcement of violations; (5) Continue to improve the City's emergency and disaster response capabilities; (6) Pursue staff training and skill improvement to provide in-house capability for improved and cost effective delivery of services; and (7) Continue to develop an organizational culture focused on safety and customer service. Position Summary Recap: FY 2007 FY2008 DIFFERENCE POS FTE OT POS FTE OT POS FTE OT Personnel: PUBLIC WORKS DIRECTOR 0 .5 0 0 .5 0 MAINTENANCE SUPERVISOR 0 .5 0 0 .5 0 MAINTENANCE WORKER 0 1.5 0 0 1.5 0 TOTALS 0 2.5 0 0 2.5 0 HIGHLIGHTS: Item 1100: Provides salaries and wages, personnel benefits, and uniforms at 50% of the cost for Public Works Director, Maintenance Supervisor, and four maintenance workers. Item 3100: Provides for operating supplies such as roadway patch materials, marking paint, storm drain grates, concrete, pipe, etc. Increase reflects additional needs and higher costs. Item 3500: Provides minor machinery and equipment such as router, hand tools, small power tools. Item 4100: Provides professional services to accomplish Phase II NPDES program implementation, Capital Improvement Project support, and infrastructure improvements (A $75,000 DOE grant will help offset the cost of the NPDES program in 2008). Item 4110: Provides funds for roadway storm drainage, sidewalk repairs, and street maintenance materials, construction, and specialty services to accomplish the work. Item 4500: Provides for machine rentals such as concrete saw, lift truck, trencher. Item 4700: Provides for utility locating services. Item 4800: Provides for repair and maintenance of equipment; tractor, loader, backhoe, trucks Item 40-4100: Provides for storm drain maintenance; vectoring, jetting, TV inspection services. Item 63-4100: Provides for street light electrical costs and light fixture repair and maintenance. Item 64-4100: Provides for traffic control devices; posts, signs, barricades, cones, flashing warning lights, pavement markings. Item 66-4100: Provides for snow and ice removal; sand, ice melt, snow plow blades. Item 67-4100: Provides for street cleaning, street sweeping contracted services. g •`�� $g qc.;,. c r 6� g O by C \ eO g- Cam` C N 8 O O G N O O C Gp A O oC+ Vp' O d Rt d 10 1 O O ^+ O O M b C3 00 r- CO C O fq In O OI 10.0 N.!'n OI :OoDIC CppIO OI C..0 O O'O C :aI I i j I v9 I i i I !Fn 7Cli �i IN O CIm N h C h O� h O 7 f Io0 00, I !M, 71 d' ,.o,--,I lO.6.! 4+4IV>, �i NI 'O Oi R 17 17; ! !N im - ! is o000oo!haoo;c hh vo , t00 i !rn Opl Ih1o0 Oi, V)! I�OOO�V��'-,I I I N tV oo O�iN NIA oo lV <t 0- i �N � I ! i i i i i i i IOioo 00! � !Ni O��Di Ni�0 jOit�i�n;�1-i Oi Ni<T M � iM M! �1 �; �0 71 !Vl!MI Ni NicYi Ni�O:!O�i 901l �i MiM '+� ;lam hi :'n I ! I i I i ! i I ! +►IQ W i`� IWI :W `�: WI �v� q.� v-. [-, I A w ;� 3 .a; IWzI o �xI ,H � ��... �, � o � e '7 a � � Q• .� � al c v iw �J'IOi !�I ="C'; ic: ci �c� I !o 0 0 oio o.oio c olc,o- o d;oI i i --L-m Nf 1N1 N 1 N. N!N NrN,N N NIN N- � -_��Vl' i ! -1 jh:Vl! �-�'I VII �l1!V1�V11��NI hfV1!��Vll Ihl + i'Z pp; IC O' OI C I OTC; C;�O o OlC c c O:C O C O 0-010 C C C`C Ic 000`Cooc!ocooc o IU COI t 10 O� 101 - OjO c O:O +O O: O O 01 ol 01010161O o; ;o olo- 0 0 o,cio 0 0 0% j � !Oi i IOOI i IO�O O Oi O Oi CI C Oi Oi Oi C I rtO ' - � }= - y .t ,_ � �>;�c� , \�- ����=�7�\ ��i/'..i ~.a;■ � i : \(\ / ! %/� i CITY OF MEDINA FY 2008 OPERATING BUDGET TREE FUND FUND: 103 DEPARTMENT: 589 GENERAL OBJECTIVES: To preserve and enhance the physical and aesthetic character of the community by preventing indiscriminate removal or destruction of trees and vegetative cover. To require the replacement of removed non -hazardous trees, or a monetary contribution in lieu thereof, to be used consistent with the City's Tree Code. FY 2008 PROGRAM OBJECTIVES: (1) Continue to enforce the City's Tree Code, with an emphasis on preservation practices and mitigation requirements; and (2) Complete Phase II of the 84th Avenue NE Poplar Tree removal and replanting project. HIGHLIGHTS: Item 4910: Provides funds for Phase II of the 84th Ave NE Poplar Tree removal and replanting project in conjunction with the Overlake Golf & Country Club that was initiated in 2007. The Country Club will reimburse the City in the sum of $35,000 following completion of the work. _�® � & - y - } di\! \'�°��i .VI i5,(!>:\� - .�2 ��- �,u .. ;;'iii;' ./. n ; ~ .2 6 72 ƒi\ ƒ� ! b \ 44 - ,� 8S 8 a e 'ass 6 C5 6 c 04 vs � i Opl C; i i'I i i i i f i i I Ioj Cj IC_ i i -i-- i t I I j j l i 1 1 1 I hl V1 Mi �M f i I I Cai i i j�j! WI i0.li jWj CaI IF W ,W! j ,Lli i iU F": iFi ( ja,l ial Oi jOI i jam; Qi � �iHj IHi j i !rni rni i i 010! N'N' age 80' oc'o as ! iojc c j I io �,j j jMM �O• i0 ^; i�0 i ! ivij vi OI jp"pi i jC I j !O O; !C�4i iN iN N! i� eNpi I I i ! !vij i i i I isn i I ; • i ! I � � jz Iw' • !���a� jam! iWl i,Wu' iF wj j--{N! ' !w iwi °dizi iai i0! i j a ; �• �- �• v I 'HjH;H �; ice! i jrnj r�laj !Qz'i,�!C! Ili la: Ia! A CGj i iW,WjWi Izj•—�`V�i Imo! �i'.L'I ;W• Iw,u`�(u`�i�!dl 44 jv! �.dj !cGl 'di jdl ' dl '�' �1 �' �i0 OI ia• of Hi iHj pl !O� i j i�i IH!a;r�cG�H �10 H+ !OIw H H! I Imo; iTi !M miml m, M; !U o•o: jo o, ! ! j It�!t�jt�i �!ri jr CITY OF MEDINA FY 2008 OPERATING BUDGET CAPITAL PROJECTS FUND FUND: 307 DEPARTMENT: 595 GENERAL OBJECTIVES: Continue maintenance, repair and periodic improvements of City facilities, infrastructure, and systems to minimize major reconstruction costs. Provide programmed capital improvement project support services for design development, preparation of contract documents, bidding, award, contract management and inspection. Provide sound fiscal oversight of the fund budget to meet time frames, maintain service quality, allocate resources, and accomplish improvements while controlling costs. Provide direction and supervision to staff, consultants, and contractors to insure the efficient delivery of services. Provide efficient and cost effective project implementation through planning and coordination with the Council and other jurisdictions, pursuit of grant funding opportunities, participation in regional forums, and joint project development where possible to serve the best interests of Medina residents. FY 2008 PROGRAM OBJECTIVES: (1) Maintain and improve city buildings, facilities, and systems to provide for efficient staff operations and cost effective delivery of service to the citizens; (2) Implement scheduled programs to maintain and improve the quality of the city assets; (3) Monitor and insure the timely completion of capital and special improvement projects such as road construction, park improvements, storm system improvements, and sidewalks construction and repairs; (4) Pursue grants and other forms of funding to accomplish capital improvements and maintain our infrastructure system integrity and quality; (5) Continue to develop an organizational culture focused on asset management and improvement. HIGHLIGHTS: Item 6301: Provides for the upgrading of the storm drain system and the removal of the ditches along the west side of Evergreen Point Road north of SR 520 and the Street pavement overlay of NE 28th Place. Item 6302: Provides for the installation of pollution control facilities to maintain the water quality of Medina Park storm system ponds. Item 6303: Provides funds for Park improvements such as Medina Beach Park irrigation system, Viewpoint Park dock repair, and right-of-way irrigation and landscape improvements. Item 6310: Provides funds for the construction of a pathway along the west side of Evergreen Point Road north of SR 520 in conjunction with the roadway storm drainage improvements (item 306301 above), and street pathway along the south side of NE 28th Street for 3- Points Elementary Students. Item 6311: Provides for repairs to City Hall and the renovation of the mechanical and electrical systems within the building. Item 6313: Provides funds for completed purchase and installation of ALPR enabled cameras at remaining Medina portal intersections. lz N M ONO M o A Cam'^ - j j IOiO'OppIO OjO 0C O I..: it .61 o! �I it i 1,0 it O ! V I N O,I 'Ti .-.; N' I i ; _. Irni •�;.p l.-+1.-�iNl oj I I ��pl viio�; oola! o,j i� �i d.l �I � Ni IM! 00 100 H! 'GOj i j cGl! i+i ' ai •w; W �j 'z !i cni div> oxjj i j I rni jUj vi I o; 3� j�j'YI, i IH u"I � i yi of j I KIWI jtiOi i i.! j iw�.°pl qq �� Ct �i I..,i �! �j �! i0..1 RI �I R• 1 >I�C od xi �ni 3• iUiaj=°i j �; pi j! FI Hz �' �!.ai ,..aj Ic of! of vj cvl D+ v! I U!'a;xiv5la•m!w'a'Fi iHl ;w!Zlml•r!W�U: ! _ i--�- I_T— 101!MI Mj m�Mi M; MI j I I :O!�p!.pI`D lot ID �I ! ao;oojcjoicim iol '- ,� j O!OI OI OI OI Cj c- ij H O olglolo ojo O �OI ,O of Oi of M M MI MI MI M'M' 2007 CITY COUNCIL AGENDA CALENDAR CM-2 DESCRIPTION ISTATUS 9/24/2007 10/8/2007 11/13/2007 * 11/26/2007 12/10/2007 ADOPTED 2007 FEE SCHEDULE RES#321 2007 LEGISLATIVE ACTION PLAN APPROVED 1/22 2007 PLANNING COMMISSION WORK PLAN APPROVED 3/12 2007 STUDY SESSION ADOPTED SCHEDULE RES#322 CALENDAR Discussion/ 2008 BUDGET APPROVED 7/23 Discussion Public Hearing Public Hearing Action Public 2008 PROPERTY TAX LEVY scheduled Hearing/Action 84" AVE NE POPLAR TREE REMOVAL CONTRACT APPROVED3112 ADVISORY APPOINTMENT PROCEDURES postponed ADVISORY APPOINTMENTS (CSC, PB, PC) COMPLETED 6/11 ADVISORY APPOINTMENT PC COMPLETED 9/10 Discussion/ ADVISORY APPOINTMENT (PB) scheduled Action ALLIED WASTE FRANCHISE AGREEMENT pending ANNUAL RETREAT DATE ARCH BUDGET & WORK PLAN APPROVED 3/12 BUDGET AMENDMENT-84th AVE NE TREE REMOVAL & ADOPTED REPLACEMENT IORD#802 BUDGET AMENDMENT -POLICE ADOPTED WAGE DECOMPRESSION ORD#806 BUDGETAMENDMENT- SURVEILLANCE CAMERA CONTRACT & 2006 LABOR CONTRACT COMPENSATION ADOPTED ADJUSTMENTS ORD#812 ADOPTED BUILDING CODE ADOPTION ORD#808 Consent ADOPTED BUILDING OFFICIAL POSITION ORD#805 TIP APPROVED CIP/TIP 2008-2013 6/11 CITY COUNCIL MEETING ADOPTED AGENDA-MMC CODE UPDATE ORD#809 CITY HALL EMERGENCY CONTRACT GENERATOR AWARDED 5/14 CITY HALL RESTORATION ending CITY MANAGER PERFORMANCE EVALUATION scheduled Discussion CITY OF MEDINA HAZARD ADOPTED MITIGATION PLAN RES#320 ADOPTED CMP PROCESS MODIFICATIONS ORD#800 COMCAST CABLE FRANCHISE Public AGREEMENT scheduled Public Hearing Hearing/Action COUNCIL COMMUNICATIONS pending ADOPTED DONATION POLICY ORD#810 ELECTION SIGNS COMPLETED 5/29 ENHANCED PUBLIC SAFETY SYSTEM Security Cameraspending EMERGENCY SERVICES REPORT scheduled Receive & File EXEMPT STAFF SALARY RANGES APPROVED 1/22 FACILITIES PLANNING RESOLUTION COMMITTEE FAILED 7/9 FEE SCHEDULE -APPEALS & JADOPTED TREE CODE RES#325 * City Hall closed on regular Monday meeting date in observance of Federal holiday. Meeting date moved to Tuesday. 2007 CITY COUNCIL AGENDA CALENDAR CM-2 DESCRIPTION ISTATUS 9/24/2007 10/8/2007 11/13/2007 * 11/26/2007 12/10/2007 FINANCIAL REPORT-2006 YEAR END APPROVED 2/12 HAZARD MITIGATION PLAN REVIEW APPROVED HISTORICAL USE PERMIT- APPLICATION Discussion/ MEDINA STORE 2007-01 DENIED 7/23 Action HISTORICAL USE PERMIT - ORDINANCE MODIFICATION scheduled IlDiscussion ADOPTED HOLIDAY CLOSURE, 12/24/2007 JRES#328 HOMELAND SECURITY SUBGRANT AWARD & BUDGET AMENDMENT scheduled Consent COMPLETED 6111 KING CO LIBRARY UPDATE & 7/23 LIVING FENCES COMPLETED 5/29 LOT COVERAGE scheduled Discussion MARINE PATROL ANNUAL REPORT COMPLETED 2/12 NORCOM 2nd AMENDMENT APPROVED 1/22 ADOPTED NORCOM RES#327 OFFICIAL CITY PAPER, ADOPTED DESIGNATION OF RES#323 PASS THROUGH CONSULTANT CHARGES & PERMIT FEE RECONCILIATION RESOLVED 3/12 PITCHED ROOF INCENTIVES COMPLETED 9/10 PROFESSIONAL SERVICES CONTRACT CONTRACT - CITY ARBORIST AWARDED 2/12 PROFESSIONAL SERVICES CONTRACTS - BUILDING OFFICIAL & BUILDING INSPECTOR APPROVED 1/22 PROFESSIONAL SERVICES CONTRACT -BUILDING INSPECTOR APPROVED 7/9 PROFESSIONAL SERVICES CONTRACT -SURVEILLANCE CAMERA INFORMATION TECHNOLOGY AGREEMENT APPROVED8/13 PUBLIC WORKS CONTRACT AWARDS APPROVED 7/9 Discussion/ SALES TAX AUDIT scheduled Action SPECIAL USE PERMIT TRAFFIC GENERATION ORDINANCE ADOPTED MODIFICATION ORD#803 SPEED LIMIT REDUCTION -LOCAL ACCESS STREETS COMPLETED 7/23 ADOPTED SUBSTANDARD PROPERTIES ORD#807 TASK FORCE/FOCUS GROUPS UPLAND ROAD STREET ADOPTED VACATION REQUEST ORD#804 UTILITY CONVERSION (ballot ADOPTED measure) ORD#811 UTILITY CONVERSION (committee appointments) COMPLETED 7/23 VIEW & SUNLIGHT ORDINANCE ADOPTED (MMC repealed) ORD#801 VIEW & SUNLIGHT ORDINANCE ordinance modification COMPLETED 9/10 WINDSTORM UPDATE pending WRIA-8 COMPLETED 3126 WSDOT PRESENTATION - SR-520 PROJECT scheduled Discussion City Hall closed on regular Monday meeting date in observance of Federal holiday. Meeting date moved to Tuesday. City Manager Performance Review Schedule •l41 •07M o Input memo and evaluation form submitted by City Manager o Review City Manager Salary Range • (October 22) o Council evaluation forms returned • November 12 o Consolidated evaluation forms and draft summary letter reviewed by Council o City Manager salary discussed • November 26 o Summary letter approved o City Manager salary approved • December 10 o Performance evaluation and salary adjustment reviewed with City Manager City of Medina City Manager Evaluation Managerial Skills • Sets appropriate standards and manages staff to standards, creates team spirit, successful staff development, effective salary administration, etc. 1 !��7 Relations with City Council • Individual members, full Council, Council meetings, provide meaningful reporting and information, etc. Poor• 6F4 Policy Execution • Solution identification, implementation, enforcement and follow-up, etc Customer Service • Responsiveness to citizens, resolves complaints, creates positive experiences, exhibits empathy, timeliness, etc. 9/18/2007 CM Doc 08.18.07 City of Medina City Manager Evaluation Pw r Fair Fiscal Management • Budget process and actual results, vendor and labor contract negotiations, resourceful in identifying opportunities to increase revenue and decrease expenses, etc. 9/18/2007 CM Doc 08.18.07 CITY OF MEDINA FY 2008 OPERATING BUDGET INFORMATION TECHNOLOGY FUND: 001 DEPARTMENT: 519 GENERAL OBJECTIVES: Provide quality, cost effective, reliable, and current information technology tools, systems, and services including customer and user support. Procure, maintain, and support primary computer applications for all departments and related database systems. Works closely with many vendors to assure good vendor/client relationships and manage software support contracts with vendors. Manage the City's Internet web site. FY2008 PROGRAM OBJECTIVES: (1) Monitor and administer local area network and communications systems to ensure consistency and reliability; (2) Improve systems to allow for online video streaming of public meetings; (3) Improve the City web site to further enhance its effectiveness as a viable communication tool; (4) Work with Finance Officer and vendor in the implementation of new financial software for Accounts Payable, Cash Receipting, Payroll, Miscellaneous Billing, and Budget; (5) Work with Development Services Department to implement a new scan station and associated database for electronic document storage and archiving of building records; and (6) Implement new hardware and networking configurations to reduce monthly telephone system costs. FY 2008 HIGHLIGHTS: Item 4150: Provides professional consulting as needed or during emergencies; improvements to web site; consulting for online video streaming project; and cost saving upgrades to IP telephone system. 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