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Home My WebLink AboutAgenda Packet 03/17/2009 WAS H I N G TON, U. S. A. ~f~s-,~ j u.. ~-fo f\ AGENDA CITY COUNCIL MEETING 321 East 5th Street March 17, 2009 REGULAR MEETING - 6:00 p.m. . FORTANGELES Note: The Mayor may determine the order of business for a particular City Council meeting. The agenda should be arranged to best serve the needs and/or convenience of the Council and the public. The items of business for regular Council meetings may include the following: A. CALL TO ORDER -REGULAR MEETING AT 6:00 P.M. B. ROLL CALL PLEDGE OF ALLEGIANCE PUBLIC COMMENT. This is an opportunity for members of the public to speak to the City Council about anything. To allow time for the Council to complete its legislative agenda, comments should be limited to no more than 5 minutes per person and a total of 15 minutes for this comment period. (These time periods may be lengthened or shortened at the discretion of the Mayor.) PUBLIC CEREMONIES/PRESENT A TIONS 1. Police Department Promotions / Recognitions Jesse Winfield to Corporal/Barb McFall to Sergeant 2. AlA Grant Team Introduction 3. United Way Year End 2008 Report / 2009 Funding Recommendation Ap roval C. WORK SESSION 1. Chief Terry Gallagher presenting. B-1 2. AlA Team Members 3. Jodi Moss, Executive Director D. LATE ITEMS TO BE PLACED ON THIS OR FUTURE AGENDAS as determined by City Manager or Council member E. ORDINANCES NOT REQUIRING PUBLIC HEARINGS 1. Public Records Ordinance E-l 1. 1 sf Reading of Ordinance. F. RESOLUTIONS 1. Resolution ofIntent - William Shore Memorial Pool F-l 1. Pass Resolution G. OTHER CONSIDERATIONS 1. Interagency Agreement for Performance Based Contracting Amendment. G-l 1. Approve Amendment H. PUBLIC HEARINGS - QUASI-JUDICIAL (7:00 P.M. or soon thereafter) NOTE: HEARING DEVICES AVAILABLE FOR THOSE NEEDING ASSISTANCE MAYOR TO DETERMINE TIME OF BREAK March 17, 2009 Port Angeles City Council Meeting Page - 1 AGENDA ITEM First Page ACTION I. PUBLIC HEARINGS - OTHER . (7:00 P.M. or soon thereafter) ---- J. FINANCE 1. Network Needs Assessment Consultant Agreement J-l 1. Approve Agreement 2. Amendment No.4 to Brown & Caldwell CSO Consultant J-3 2. Approve Amendment Agreement 3. Amendment No.6 to 8th St. Bridges Replacement J-7 3. Approve Amendment Construction Management Agreement, Proiect 02-15 K. CONSENT AGENDA 1. City Council Meeting Minutes of March 3,2009. K-l 1. Accept Consent Agenda. 2. Expenditure Approval List from 2/21/09 to 3/6/09 for K-8 $3,042,957.02. 3. PenCom Service Agreement with CCRFP Dist. #1, Dist. #6, K-36 and Forks Ambulance. 4. Forks Prisoner Confinement Services Agreement K-43 5. Board and Commissions Reappointments K-49 L. CITY COUNCIL COMMITTEE REPORTS ---- M. INFORMATION City Manager Reports: 1. Finance - February Newsletter M-l 2. Planning Commission Minutes - February 25,2009 M-3 3. P A Forward Minutes - February 12, 2009 M-7 4. Building Report - February 2009 M-ll N. EXECUTIVE SESSION . O. ADJOURNMENT PUBLIC HEARINGS Public hearings are set by the City Council in order to meet legal requirements. In addition, the City Council may set a public hearing in order to receive public input prior to making decisions which impact the citizens. Certain matters may be controversial, and the City Council may choose to seek public opinion through the public hearing process. NOTE: HEARING DEVICES AVAILABLE FOR THOSE NEEDING ASSISTANCE MAYOR TO DETERMINE TIME OF BREAK March 17, 2009 Port Angeles City Council Meeting Page - 2 . I. ~ORTANGELES WAS H I N G TON, U. S. A. ". CITY COUNCIL MEETING CALL TO ORDER.. REGULAR MEETING: II. ROLL CALL: Members Present: Mayor Braun Deputy Mayor Wharton Councilmember Di Guilio Councilmember Kidd Councilmember Perry Councilmember Rogers Councilmember Williams Staff Present: Manager Myers Attorney Bloor Clerk Upton G. Cutler T. Gallagher D. McKeen N. West Y. Ziomkowski / ~ .,/ ~ ~ V J ./ V'" V III. PLEDGE OF ALLEGIANCE: Led by ~,~ March 17. 2009 / t, : P-; f TYJ cS"~JLJt) ~.~ J-~~tfJ .,t) 1J :r.A~L~~ ~. . ~.~ J . 7~"'A"A...; }?ORTANGELES CITY COUNCIL MEETING Attendance Roster WAS H I N G TON, U. S. A. DATE OF MEETING: March 17.2009 LOCATION: City Council Chambers " ., /II .7 /(/,/J -' / l<0'v...--p..../ N..<'.'cJ.. ~___<, '-' . . . United Way of Clallam County THE UNITED WAY OF CLALLAM COUNTY P.O. BOX 937. PORT ANGELES, WA 98362 360-457-3011 . info@unitedwaycIallam.org www.unitedwayclallam.org March 3, 2009 To: Port Angeles City Council Members Kent Myers, City Manager From: lody Moss, Executive Director, United Way ofClallam County Re: Port Angeles Health & Humans Service Funding for 2009 The United Way ofClallam County's fund distribution committee met February 19,2009 with representatives from the cities of Port Angeles and Sequim and from Clallam County for the purpose of reviewing applications for local government funding. For Port Angeles funding, there were 16 applications totaling $169,450. Budgeted funding for 2009 totals $62,500. Council member Don Perry reviewed the applications and helped with recommendations. The current criteria is for programs addressing health and human service needs. There was a focus to look at prevention programs, services for youth and for seniors, as well as a desire to meet basic needs of Port Angeles' most vulnerable community members. The recommendation process was especially difficult this year due to the decreased funding available for 2009. Attached is the funding recommendation spreadsheet. The committee made the following recommendations: Boys & Girls Club Family Planning First Step Friendship Dinners at Methodist Church Healthy Families Lutheran COlmnunity Services/Parent Line Olympic Community Action Programs Peninsula Community Mental Health Center Peninsula Dispute Resolution Center Serenity House Special Needs Advocacy Parents Volunteers in Medicine of the Olympics YMCA Sub-total United Way administrative charge (2%) TOTAL $4,000 $4,000 $5,000 $ 1,500 $5,000 $5,000 $ 6,000 $ 5,000 $ 4,000 $ 5,000 $ 1,500 $ 7,000 $8,250 $61,250 $ 1,250 $62,500 The grants, once approved, will be paid in two parts - half upon notification of the award and the second half in September and upon receipt of the agencies' mid-year reports. We must have final decisions with a signed Resolution from the Council no later than March 31. 2009. Thank you for allowing United Way to be part of this allocation process. Again, once the awards have been approved by the Council, I will notify the agencies of your final funding decisions and will arrange a media release regarding these awards. B-1 -- United Way of Clallam County - 2009 Clt(of Port Angeles 'Humth Services FundIng '? A~ency/Pro9ram . 2006 2007 200B 2009 2009 Use of funding Outcomes # Served Program Program Alloc. AlIoe. Alloe. Request AlIoc. This progl'llm Budget Budget , Rec's. P.A. 'forclly P.A. for Agency 1 Big Brothers Big Sisters of , $5,000 $0 Recruitment, screening, end enrollment of 20 Mentors for all children in need, as measured by 20 in city $34,306 $4,195,000 Puget Sound ; mentors for local ai-risk youth - school based demographics. Long tenn, high quality matches One 10 One mentoring program program for grades 1 - 6 (MOUs Wtlh Roosevelt to achieve beller self confidence, education, - and Dry Creek Elementafys), Bigs meet with their and community connections for kids - mentorlng Littles one hour weekly at school. reduces substance abuse, violence, truancy, I"'t! , 2 Boys and Girls Club , Health and Human ServIces : $5,000 $5,000 $10,000 $4,000 Purchase food for daily meels and snacks, art and Youth are safe and In positive aclivities after 225 In city $317,775 $1,059,250 Program at Port Angeles Club recreation supplies, transportation. Pay for gas school and in summer. Nulrilious meals and and vehicle main!. for transporting members 10 homework assistance. Self esteem, personal Club after school. Helps kids access the values, and conflict resolution Improves- youth programs offered in Port Angeles develop character and leadership skills 3 Family Planning Youth EduCatl9n Program $10.QOO $10,000 $10,000 $10,000 $4,000 Fund a health educator who will facilitate weekly Increased knowledge of leen pregnancy end 5,500 In clly S10,000 $643,349 (teaches life/social skIDs and ; support group sasslon In the schools and at youth STDs, reduced number of unplanned increases awareness of risky agencies, provide high school classroom pregnancies & STDs, reduction In riSky behaviors) education and facffilate the Baby Think It Over behavior, improvad decision making. Emphasis program. Also distribulion of Info and resources.' on prevention of unplanned pregnancIes and Offered at Dream Cenler and middle, high unhealthy life choices by youlh. schools. 4 First Slep Family Support Center . Drop-In Center $14,qOO $13,000 $13.000 $7,950 $5,000 Funds a staffer for drop.ln center two afternoons Families' support systems Improved, people 2,600 visits $7,950 $6BO,735 (for parent support) per week. Gives'holp, resources, referral.s, mise. access needed resources and basic need lIems, assistance to low Income parents with children children have posilive & stlmuletlng aga 0-5 years (diapers, clothes, formula. etcl. environments to play in. Overall, families get the I This request is a drop from 2008 funding for 4 help they need (legal, counsefing. femlly days per week, due 10 decreased funds literacy, employment, etc) avallabla from P.A. In 2009 ; S FlrstUnited Methodist Cl:1urch Friendship' Dinner Project $3,000 $3,000 $7,5,00 $1,500 Purchase food and maln,taln community kilchen Beller health and nutrition for needy individuals, 7200 in city $10,440 $11;600 end dining/social hall, For 2009, Increase in fees senlors, and families wilh young children who 400 lUllncorp. charged by' church to use kitchen and social hall need hot meals - meels basic nutritional needs by $7500 annually. Funds would allow weekly of low Income citizens, Census Increasing -up Friday night meals to continue, or else will drop 10 10% in 2008, Trying to keep up with incmaslng 1-2x monthly demand in rough economio lime.. : 6 Heallhy Famillas ; Core Services: $18,000 $13,000 $13,000 $18,000 $5,000 Prevention education, sheller, support groups, Participants learn esteem building skills, 1971 In cily $175,692 $248,963 Children & youth support : counseling for victims of domesllc violence: crisis substance abuse prevention skills, coping skills, 136 unincorp. groups, Prevention Educalloll, intervention for youth: parenting sldlls classes, Youth learn personal selety education: crisis Crisis Intervenllon & Emergency case managemen~ legal advocacy, Funds intervention when necessery. Families are Shelter : cover selarles, laxes, benefits of staff. sheltered: Emphasis on prevention, pUlling an tlJenting Skills classes " end 10 the cycle of domestic violence, sexual assaul~ and child abuse, I lru . .f3 .' . . . Uniled Way of Clallam County - 2009 City of Port Angeles Human SelVices Funding Agency/Program 2006 2007 2008 2009 2009 Use offunding Outcomes # SelVed Program Program Alh:ic. Alloc. Alloc. Reql,lest Alloe. Thla program Budget Budget Rec's. P,A. for city P.A. for Agency 7 Lutheran Camm. Services ; (Parent Line) $10,000 $10,qoO $10,000 $10,000 $~,OOO Funds staff time (partial), supplies, resources Teach prevention strategies 10 reduce violence, 687 In city $16,250 $25,000 - Mounl Angeles View Family / and educational malerials for linanclal literacy, child abuse and naQlec~ chemical dependency, 369 unlncorp. Resident Center a.ctlvitles; I home ownership, parenting, and life skills so families will be good community members Family night, Dads support groups classes. Provides support serilices 10 famili~s and .Iearn 10 be more slable, Independent. "Slay and Play" chUd groups living at Mt. Angeles View public housing. Parents access higher education, becme more Parenting and computer classes self sufficient. Teaches home management Financial Literacy info : skills. Parenting skills benefil kids . . i 8 Olympic Community Action ! 1} Oral Health Care Access $10,~OO $9,500 $9,500 $15,000 $6,000 Subsidizes assistance 10 low income people for Better access 10 dental care and prophylaxis for 969 In city $371,588 $589,578 2) Adult Day Care (dementia , denIal care and prescriplion assistance (sliding low Income familieS and kids. Servas uninsured 15 ~nfncorp seniors) and qaretaker respite fee). Flouride treatments to Head Start kids and and underlnsured. Collaboration with locat ,. dental sealants for 2nd graders. Adult day care, doclors, dentists, VIMO free clinic; OMC. For ! respite cara for families who care for elderly seniors with dementia. safe and affordable day , ; family members wilt! dementia Fills gap Ihat care ellows crilical respite for farnlly caregivers : other funding source don't fill. 9 Parenllng Matters. Foundation : Parenting Edt.tcation in Port $12,000 $0 First Toacher newsletters, developmental cerds, Parents have better understanding of heallh, 2471 In city $12,000 $15,678 Angeles and classes for Port Angeles parents. An nutrllion, and safely issues, learn 10 cope with extension of the First Teacher Progam used In stress, help kids be ready for school, Sequlm for aver 16 years. Will teach prevenlion understand importence of early literacy. of problems (antisocial behavior, lack of school Results In increased bonding between parenls / readiness, elc). kids, decreased child neglect I abuse, belter knowledge of ras.ources avaIlable. helps kids stay and succeed in school 10 Penl.nsula Community MenIal Health ; Respite Services - Adventure $10,000 $9,500 $9,500 $20,000 $5,000 Funds non-Modlcaid eligible PA kIds wllh social I Prevents abuse and neglecl of kids with 51 in city $46,074 $54,382 Bound Summer Program for ; behavior problams (below 200% poverty level) to behavioral disorders by providing needed 11 unlncolp. kids with socIal I behavioral attend therapeulic recreational summer program. respite to familes during vacalion limes. problems (six week sUmmer , Includes cost of food, transportation, staff, etc. Decreasas angry and violent behaviors in , Uses challenge Course at Peninsula COllege pertlclpating youth - teaches problem solving program) : : techniques, social skills, beller self confi(/enca. ; 11 Peninsula Dispute Resolution Clr. ; Parenting Plans (mediation) $7,oqo $7,000 "$7,000 $12,000 $4,000 Funds staff and overhead to proVide glats- Increased aocess 10 jusllce, beltar 142 in city " $12,000 $123,246 for low income parants mandated Perenting Plans with mediation that understanding of how io parent separately wIth . reduces femUy and child stress, resolves conmct, positive communication to kids and reduced deals with underlying family Issues lhat affect the stress for all. Keeps kids oul of the middJa' of Whole family. Usuelly two or three sessions are disputes, thus happier and can do betler in needed to arrive at each final Plan. school, activities, ele. Parents can use PORC for follow-up sessions rather than allowing OJ conflicts to escalate. Overall, gives a belter I outcome for kids due 10 less conflict, betler I I communIcation in families. CAl Page 2 of 3 United Way of CIaUam Counly . 2009 City of Port' Angeles Human Services Funding AgencylProgram 2006 2007 2008 2009 2009 Use of funding Outcomes # Served Program Program Allc?c. Alloc. AIIoc. Request AUoc. this program Budget Budget Rec's. P.A. for city P.A. for Agency 12 Pro Bono Lawyers ; Legal AssistanCe (Civil) for Low ' $3,QOO $~OOO $3,000 $3,000 $0 Funds used for general office overhead ( phone, Low Income clients get knowledge and skills 10 2~029 $28,406 $38,366 Income Individuals - rent, staff)" Keeps office open and provides obtain equal access in court Results in better Community Office Overhead client access 10 legal aid, legal clinics, court safety (protection orders), kids' welfare (parent forms, advocate, Funds help meet Increasing plans), living conditions (tenants righl$), Clients client demands (many, unemployed are newly gel timely and accurate legal advice. seeking legal services) 13 Serenity House , ChildcareCenier at the $10,900 $9,000 $9,000 ' $6,000 $5,000 Direct basic need services for children; ChUdcare, Children receive high qualily child cere, adult 62 In city $156,144 $162,000 Commons (serves homeless or child advocacy, family case management, heallhy family members able to seek Imalntain 2 unincorp. at-risk families) nutrition, preschool and afterschool program for employment, housing, treetment Kids learn 84 child ran of 58 homeless and at-risk families at social, study, behavioral skills. Helps families the Commons, Inwe.stP,A. break out of poverty, nurtures a'nd encourages kids of homeless/at rtsk families. 14 SpecIal Neads Advocacy Parents (SNAP) ; . . Classes, and programs for $2,4~O $3,000 $3,000 $5,000 $1,500 Funds support services for people with Participants learn social and independent living 42 in city $44,949 $76,132 developmentally disabled people developmentei disabilities: educational classes & skins 10 maximIze levels of independence, and recrealionalacllvllies 4 x weekly (life skills, hand make friends, increase confidence, prodUce and i on arts & scienc;e, peer-support groups). These sell products, learn job skills, etc, Families activities allow respite for families and caregivers. receive much needad respite. 16 Voluntean;ln. MedIcine of the OlympIcs Clinic. (V/MO) Free Medical Clinic for $5,000 $6,000 $6,000 $10,000 $7,000 Patient supplies and sarvices; prescriptions, on Patients receive needed mads and timely care, 455 in city $101,920 $223,950 uninsured and underinsured ; site Rx formulary, subsidizes labs and X-rays, thus won't resort to E, R. treatment or develop 373 unincorp. i citizens plus general facility operations (paid part tima worsening coridillons. Helps patients maet out ; smll), Funds provida critical SUbsidy of OMC of pocket costs of care - prOVides access to allowance. basic health care, piUS chronic disease ctlnics. , 16 YMCA of Clallam County . . . . Youth I Teen PrOgrams $25,000 $19,000 $19,000 $18,000 . $8,250 SUbsidizes preventative yourth programs for low Kids develop sl<llls, confidence, cheracter and 3400;n city $845,000 $1,336,290 income families; chlldcarelday camp, summer and core valUes, make friands, get leaming 500 unincorp. , outdoor programs, youth sports I arts, & teens. activities - get Ihl> appropriate affirmallon.and Funds staff I suppDes, ete. support they need to better meei their polenllal as individu~ls and members of the community: I Program Totals' $124,460 $122,000 $122,000. $169,460 $61,250 $2,192,494 $9,487,541 Unitild Way Ac!mlnislretion - 2% $2,540 $2,500 $2;500 $1 ,250 " I Total from the City $127,000 $124,500 $124,500 $62,500 I ; OJ ~ . .f3 . . . ---- ------.- Unserved I ; 2006 2007 2008 Unduplicated Total Port Unserved Clients Selected Outcomes Cltv of P.A. City of P .A. City of PA Client Client Ailaeles Clients Not Agency/Program i Fundina Fundil1!l Func!iaa Count Contacts Residents Referred Referred 12 months 12 months 12 months 12 months 12 months Boys and Girls Club Health and Human Services $0 $5,000 $5,000 104 9750 83 in city 16 0 Provides healthy meal to each member daily when open; keeps Prograr:n - Port Angeles location - 21 unincorp. - facilities open so programs can continue; provides after scho~1 transportation to the club. Result: youth access, nutrition, supervision, safety. . Clallam County YMCA Teen Programs: . $25,000 $19,000 $19,000 4,200 N/A 3,400 In city N/A N/A Childcare access tor all families, regardless of income. Safe Y HOl/se, Saturday Night LIve (min. 500 unincorp. haven for teens to meet, especially those at risk. Provides year (both for at-rsk youth) 4,200) round fun and positive teen / family programs. Result: Self esteem, leadership, communication and social skills. , Family Planning of Clallam County ; Youth EdUcation Program ' $10,000 $10,000 $10,000 2,347 2,927 2,347 In city 0 0 Redl/ced teen pregnancy, STD rates, and risky behaviors; (teaches life/social skills and Increased knowledge of reproduction; increased knowledge of increases awareness of risks , available services. More Dositive adult Interactions. First SteD Familv SUDDort Cntr Drop-In Center ( for parent support) $14,000 $13,000 $13,000 722 adults 2.424 628 In city 0 0 Social support networks increased; Resources accessed; positive adults environnient for kids to play and grow. Provides emergency 2,417 kids Items for low income families. Supports families I First United Methodist Church Friendship Dinner Program $0 $3,000 $3,000 780 7,541 611 3 0 Able to provide the increase in meals needed this year. Hot nutritious meal available to anyone who needs il. Dependable meal provides security, sense of well being for the needy. Healthy Famllies.of Clallam Cntv Core Services: Youth support '$18,000 $13,000 $13,000 1,096 9,207 1 ,096 in city 21 0 Youth receive substance abuse and violence prevention groups, crisis intervention & emerg. 41 unlncorp. technlques,safety education re: sexual harassment, dating Shelter, prevention education, violence, available counseling and legal advocacy, crisis parenting skills classes intervention. Adults completed Nurturing Parents curriculum. Lutheran Community Services Support Services for Families at .$10,000 $10,000 $10,000 1,273 3,437 1,273 in city 0 0 Redl/ce family risk factors, strengthen local MI. Angeles MI. Angeles View Housing: Family community, Parents and young kids experience activities to build night, Dads support grol/ps, early literacy, early learning skills. parenting and computer classes, " . Olvmpic Community Action 1) Dental Access $10,000 $9,500 $9,500 1,495 5,367 969 In city 0 147 Dental services: 1 ,500 low income uninsured patients were seen 2) Respite care for families of elderly 15 unincorp. awaiting In over 4,000 visits. Big increase in pI. access. Decreased visits C'Encore" Adult day care program) : appts. to hospital E. R. Elderly care: 32 patients and their families are provided safe and effective dav care services, respite, etc. I li'ertin. Comm. MentalHealth Cntr. I Respite services - Adventure Bound :$10,000 $9,500 $9,500 51 207 32 in city N/A N/A Increases socially appropriate behaviors, expressions of empathy &lihmer program for kids with social 4 unincorp. and concern for others, compliance with rules in group setting. I behavioral problems Reduces risk of removal of child from his/her home. 2008 CIty of Port Angeles Health and Human Services Funding YEAR END report January. Dec. Page 1 of2 I Unserved 2006 2007 2008 Unduplicated Total Port UnserVed Clients Selected Outcomes City of P.A. City of P .A. CIty of PA Client Client Angeles Clients Not Agency/Program i Fundina Fundlna Fundil}g Count Contacts Residents Referred Referred ! 12 months 12 months 12 months 12 months 12 months I Peninsula DIspute Resolution Ctr : I Parenting Plans (mediation) for low $7,000 $7,000 $7,000 794 2303 I 201 in city 17 27 Worked with 80 families: Durable parenting plans decrease income parents .' 135 unincorp. parental connlct, keep kids .out of the middle", improve positive communication with kids in families who are separating. Parents have increased access to Justice. They understand how they will parent separately. Parents can also get follow up sessions to prevent escalation of conflict, : . Pro Bono Lawvers Legal Assistance for low income $3,000 $3,000 $3,000 623 2,742 262 56 0 low income clients have access to justice and advocacy when in people crisis. They receive timely legal advice allowing them to prevail in pro se cases. Agency coordinates providers of housing, family law, Native American and immigration issues to improve services. : : Serenity House of Clallam County ; Childcare Center at the Commons : $10,000 $9,000 $9,000 84 kids 28,733 84 kids in city 0 0 More kids from homelesslvulnerable families can allend (Includes childcare, improves family stability. Kids leam communication parents) skills, are cooperative with peers, family, staff. Improved staff training and parent participation improve the quality of childcare. Special Needs Advocacy Parents Classes ami programs for , $2,460 $3,000 $3,000 426 3,463 216 7 0 5,415 Class/activity participant hours helped clients build their developmentally disabled people ! daily basic life skills, plus recreational, arts, and science activities. Vol unteer Project explores volunteer opportunities in community ! for clients and their families - increases acceptance and inclusion : of clients. Families receive needed respite. , . , Volunteers In Medicine Clinic ; u. Free Medical ClinIc for under - and ' $5,000 $8,000 $8,000 717 1,934 404 in city unknown unknown Assistance with cost of patient meds increases patient health and uninsured 213 unincorp compliance. Behavioral health and diabetes care clinIcs offered. Decreased visits to OMC fR. Significant increase In access to : health care - preventing inappropriate use of more expensive , services. Without care, Chronic conditions get worse, leading to family strife and job loss. , Totals ;$124,460 $122,000 $122,000 14,612 84 235 12,535 120 174 United Way Admin - 2% ' $2 540 $2,500 $2,500 retaJ'from Cilv of P.A. :$12')',000 $124500 $124,500 2008 City of Port Angeles Health and Human Services Funding YEAR END report January - Dec. r (j) . .Of2 . LEAGUE OF WOMEN VOTERS@ OF CLALLAM COUNTY P.O. Box 982 Port Angeles, WA 98362 My name is Penney Van Vleet, President of the League of Women Voters ofClallam County, and I wish to speak to you about the Public Records Ordinance and Policy. The League of Women Voters has been an active champion of openness in government throughout our 89 years. The organization's principles include the requisite that "government bodies protect the citizen's right to know by giving adequate notice of proposed actions, holding open meetings and making public records accessible." We have supported initiatives to expand open government requirements and have fought against proposals aimed at limiting access to public information; and we believe that protecting the public's access to information is fundamental to the health of our democracy. As Lincoln reminded the nation in his Gettysburg Address, ours is government "of the people, by the people, for the people." Government exists for our benefit and is accountable to us, its citizens. Our rights, in terms of access to government information and decision making, were not codified until more than 100 years later. With the Freedom of Information Act, passed in 1966, the burden of proof shifted from the individual to the government. In other words those seeking information were no longer required to show the need for information. Instead the "need to know" standard was replaced by a "right to know" doctrine. In 1972 the Federal Advisory Committee Act was passed and in 1976, the Sunshine Act. This was followed by all 50 states, the District of Columbia and local governments. And one local government, Benicia, CA, appointed a committee composed of interested citizens, who spent 18 months researching and writing their Sunshine Ordinance. And how significant that this piece of legislation, the Public Records Ordinance and Policy. is presented during Sunshine week, a national initiative to open dialogue about the importance of open government and freedom of information. This ordinance will have an enormous impact on the Port Angeles Open Records Policy and we implore you to continue with the second and third readings of this ordinance to allow yourself and your constituents to fully consider the implications of these very important changes. Thank you for your consideration. MARCH 17,2009 Comments to City of Port Angeles Thank you for this opportunity to discuss the City of Port Angeles policy of access to public records. Many individuals have been concerned about this issue for many months so it is a welcomed chance to [mally discuss concerns. My own experience with the City of Port Angeles public records has been a mixed story. City Clerk Becky Upton has been responsive, efficient and a pleasure to deal with. But the problems comes with the records themselves. December, 2008 I made an identical request to the City of Port Angeles and the Port of Port Angeles for an opportunity review all legal invoices in 2008. The responses were diametrically opposite~. The Port of Port Angeles supplied me with a complete packet without a single word reqacted. The City of Port Angeles redacted most of the language in the invoices. I am have a sample for each of you. The redactions were extensive enough to conclude that I basically was denied the record, even though I technically had been supplied some paperwork in response to my request. January 25,2009 Shirley Nixon and I submitted a request to review the withholding or redacting of records request. A formal complaint was also submitted for review to the State Attorney General's office. The AG's office sent an extensive letter to the City of Port Angeles on February 3, 2009 clarifying open records information and appended a recent Washington State Supreme Court decision. A couple of weeks later Shirley Nixon and I met with Atty Bill Bloor and Becky Upton to review records produced as a result of our January 25th request. The records presented were more of the same, liberal redactions. At this point I wish to make a personal observations about what the two styles of openness between the port and city mean in real time and dollars for the responders. The port simply had to pull the records and copy them. At the city the records were pulled, the city clerk then had to spend a lot to time redacting each invoice. Following the Feb 25 request she then had to once again pull the records and once again redact them according to an extensive memo from attorney Bill Bloor. The time and energy used for this one request in my mind is an incredible waste of both time and money. I believe your city clerk has better things to do than redact what should be public information. In regards to the ordinance tonight I trust that since this is a first reading that it will be discussed again. At that time I will have specific comments. For example, when we met with Bill Bloor we were told that the city manager is the ultimate decision maker on what should be released. I may have read it wrong by this new ordinance seems to give that power to the city attorney. This is a substantial change removing from an administrator to an appointee a major decision. Thank you I look forward to more discussion on this timely topic. Norma Turner 3928 Mt Angeles Rd Port Angeles, W A - ,...;---' Shirley Nixon PO Box 178 Port Angeles, WA 98362 shirleynixon@olympus.net (360) 417-0850 Norma Turner 3928 Mount Angeles Rd. Port Angeles, WA 98362 normagene@olympus.net (360) 457-0151 January 25, 2009 Becky J. Upton, MMC Port Angeles City Clerk 321 East Fifth St. Port Angeles, W A 98362 Re: Request to review the withholding or redacting of records, and to produce the public records requested. , De:ar City Oerk Upton, We thank you for your attention to the public records requests we have individually made over the past few months, and your professionalism in handling them. The purpose of this letter is to ask you to review City decisions to withhold or redact certain records and to ask that you produce un-redacted copies of the public records we requested. On January 15, 2009, the Washington Supreme Court issued a decision in the Public Records Act case Yousoufian v. Office of Ron Sims, Court No. 80081-2, available on-line at http:// /www.courts.wa.gov/opinions/?fa=opinions.disp&filename=8oo812MAJ. We believe that this court decision, when read alongside provisions of the Public Records Act as a whole, and RCW 42.56.904 (re: attorney fee invoices) In particular, provides support for our contention that certain records have been improperly denied to us. For example, RCW 42.56.904, enacted in 2007, states that "the public's interest in open, accountable government includes an accounting of any expenditure of public resources ... [for] private legal counselor private consultants." Yet our requests for copies of attorney invoices for outside legal services were denied to us because the copies were substantially redacted to exclude reasons for the services and the general nature of the services provided. The Hangartner v. City of Seattle case you cited as a reason for withholding attorney invoices and other documents does not, in our opinion, justify the City's non-disclosure of many of the documents withheld. According to Hangartner, "The attorney-client privilege is a narrow privilege and protects only communications and advice between attorney and client; it does not protect documents that are prepared for some other purpose than communicating with an attorney. n Hangartner, 151 Wn 2d 439, 452 (2004) internal citations omitted. Please review the City's denial of our full access to the records we requested; including those noted in the "privilege logs" provided us in all of our records requests, and provide us full access to the records we requested. Thank you again, for your attention to our public records requests, and to this request for internal review of the City's denials. .,~ . dnCere,y, . .~ r ~'~\::)~F----- ~~~ +-~~ Shirley Nix~ & Norma Turner Enclosure: sample of redacted document - invoice dated 11/3/2008 from Cascadia Law Group ~-. ~~.\.., ~'-c-~ ...-;.-t '\ ~~ \~OO,,\ n. .- . ~'\ JD".. ':::::::l~. ~.........:~..., ""' t,;,.o.' "'-":;~' Q _ Cascadia Law Group 1201 Third Ave Suite 320 Seattle, WA 98101 206-292-6300 Invoice submitted to: Port Angeles, City of William E. Bloor City of Port Angeles 321 E 5th Street - PO Box 1150 . Port Angeles, WA 98362-0217 lnvoic;:e I 21041 Invoice Date llJ03I2008 For Services Through 10/3 IJ2008 Date .D.I Service Summarv HoursIRate Amount In Reference To: 60139 (1) 10/06/2008. RlB 1.00 400.00 rcfmg. 0.50 regarding same. 200.00 10/07/2008 RlB Telephone caD with: i- ...- "{f~~~:-'>;{-;:.~'~~'" 10/20/2008 RlB Review draft r--'--TT-.'<';;0Z~T'-TidocumentsJrom dlent (N. .~est);con~re~~~Gll_~4-B1:f~i;:,ryf~a~ (B. bet aJ.) to review . .... ....,.~..:- .> .... 'C'. '.: issues; follow-up resean:h . and telephone calls regardirtg same. . 1.00 400.00 10/22/2008 RlB Telephone call from client (N. West) regarcfmg_ meeting and ~.so .issue; telephone call from:"~ ..~--...,...,.,.- - -. , regarding ...-: issues; follow-up research regarding same. 200.00 1012312008 Rl8 R~..arch regardlrlf=_~_---- _ .' -'~~--'.'; research regarding 7.25 ---------:J; draft: emaillD dient (B. Bloor et 'al.) regarding same; attend meeting wittJ~--- -.-"--"'Om discussl..'issues; ~ to and from Lacey. . 2,900.00 , and telephone caD to cfJent (B. Bloor) regarding 0.25 100.00 10/27/2008 RlB Telephone call with d1ent team (B. Bloor and N. West) to debrief fromlastweek'S_~~g~~.. .~~ . hone call from i. '0 'c _ j regari:fin . , telephone call from' ; .consult:antf!f!l rding. . issues. t .~ .- .::/5 /00 to c:...s.o #.53- 9?-88'" Sf-1~~/60 /Jp 4111-1) --IP~_1/5 (J{,~'lfJ (:1fiO /7'crtP?) fJly r ACCt# - DATE APPRVD. 8V "==--=-~_" Total ~. - -. -?- ...SUSTAINABLE DESIGN - OR- NOT... 3-17 -09 ...TO BE - OR - NOT TO BE... ???...THAT IS THE QUESTION !!!... ...Why hasn't anything "MAJOR" been developed around our harbor areas for way too many years? Except for a few private enterprises, that is. ...Could it be that perhaps we have governmental agencies that are not capable of overcoming some obstacles, or could it be that some other agencies are capable of overcoming any attempts to overcome those same obstacles unless it is advantageous to someone's 'pocketbook'? ...Case(s) in point - Graving Yard, Rayonier site, and other properties around the harbor - on "The Spit"l Ediz Hook area... ??? ...Obviously, I don't know - but - Here is what I would propose................ ...Develop a "Cultural & Museum Complex" on the "Tse Whit Zen" site, and a "Cultural Interpretive" & Casino Complex on the "Y'innis" site - and, connecting the two 'magni-ficent' harbor locations with a locally developed Mag-Lev Transit System". Think - "MAGNA-Force LEVX" - Port Angeles 2005. ...Would that "Allin One" package bring any "attention" to Port Angeles that would be considered "A MAJOR ATTRACTION" to our local Harbor Area? ...Well, I suppose If we (the City) are not even capable now - of operating and maintaining our own existing local swimming pool within the City budget _ this "Off the Wall-Harbor Project" is probably just a "Pie in the Sky _ Accomplishment" for any "Sustainable Design" Program also? . ...Paul Lamoureux.....(paulrl@olypen.com}... . . . DATE: To: FROM: Subject: F'..O.... R'.'iT.r.'PJ.. NIG'IE;.iLI EJSt" I i .)', i; ~ ! ~ f (~-., I I ~~, I ,-' J .l,-."-'J/ ...:.. '. ..:. ,/n." '.: ..: ._~..l -... J .'-._J ..''/ WAS H [ N G TON, U. S. A. CITY COUNCIL MEMO MARCH 17, 2009 CITY COUNCIL tff( 17 WILLIAM E. BLOOR, CITY ATTORNEY c.>P4' M.----- PUBLIC RECORDS ORDINANCE AND POLICY SUMMARY: The attached ordinance and policy regarding inspection of public records is intended to improve and to clarify, for both the public and City staff, the procedures for submitting and for responding to a request for public records. RECOMMENDATION: Conduct first reading of the attached Ordinance and Policy. Discussion: This ordinance and policy were prepared for two reasons. First, it has been several years since the City's ordinance on public records has been revised. During that time, there have been some changes that should be incorporated into the City's written procedures. Second, the volume of requests for public records has increased dramatically over the last few years. This emphasizes the need for the City to be efficient, as well as thorough, in responding to records requests. The City's procedure should produce all-inclusive responses to requests for public records. At the same time, the City's process for receiving and responding to records requests should be clear to everyone, uniform, and efficient. This ordinance and policy are intended to achieve those goals. If you have questions or would like to discuss this, please feel free to contact me at your convenience prior to the meeting. Attachment WEB:dl G:\LEGALIMEMOSIMEMOS.200'llCounciI.Public Records Ordinance. OJ 1709, wpd E - 1 E-2 . . . . ORDINANCE NO. AN ORDINANCE of the City of Port Angeles, Washington, amending Chapter 2.74 of the Port Angeles Municipal Code relating to inspection of public records. follows: THE CITY COUNCIL OF THE CITY OF PORT ANGELES do hereby ordain as Section 1. Ordinance 2754, as amended, and Chapter 2.74 of the Port Angeles Municipal Code are hereby amended as follows: Sections: 2.74.005 2.74.010 2.74.015 2.74.020 2.74.025 2.74.030 2.74.035 2.74.040 2.74.050 2.74.0GO 2.74.07640 2.74.0$50 2.74.060 2.74.69670 2.74.100 . 2.74.-ttB80 References. Purpose and Policy. Interpretation and Construction of Provisions. Definitions. rubl~G RGGOld5 Of11G\:,,1. Request for Records. Requests for Lists of Individuals - Affidavit Required. Re5pOllSG to Request. RCGOld Copying. RCGOlds Ava~labk rol Li5pGGtion. Index of Public Records - Pilings Findings. Records Exempt from Public Inspection. No Duty to Create Records. Record Copying Payment. raylilent of Cost ofTla1l5G1ipt~oll oC'y'{,lLatiLtl \YlittCll TlansG1ipt fOl Com t rlOGeGdillg~. Failure of City. 2.74.005 - References. All references in this Chapter to Chapter 4Z-:-t9- 42.56 RCW shall refer to the section identified as it now exists and as it may hereafter be amended or recodified. 2.74.010 - Purpose and Policy. The purpose of this Chapter is to provide for the administration of the requirements for public disclosure and availability of City records as provided in Chapter4Z-:-t9- 42.56 RCW and to establish guidelines and procedures to assure that records are made available to the public for inspection or copying. It shall be the City's policy to assure access to public records and documents in accordance with aoolicable law. COllGc,lllillg thG CitY'5 go v GlldllGllt ~ h~lc maintaill~llg tIIG light ofilldi v iduals to pli vaG y. Th~5 poliGY shallllot bG G01l5t1ued as plov~dillg aut1101ity to ally City ontployGG to givG, sdl, 01 pl0vidG aGGG55 to li5t5 ofindividua151cqUG5tcd for commclGial pmpo5c5. . -1- E-3 2.74.015 - Interpretation and Construction of Provisions. In applying these rules and . Chapter 4Z-:+T 42.56 RCW, persons dealing with public records shall interpret these rules and Chapter 4Z-:+T 42.56 RCW so that their provisions are construed to promote the purpose of each rule. section. and statute. full accu,~ to public lCCOlds, so as to assure continuing public confidence in governmental processes, and so as to assure that the public's interest will be fully protected. 2.74.020 - Definitions. The definitions of "person," "public record," and "writing" contained in RCW 4Z-:+T 42.56 are hereby adopted. 2.74.025 - Public ReGord Officcr. The City Cklk is designated the Publ~G Recolds Of[;eer fol the City of POI t Angde~. 2.74.030 - Request for Records. Any person desiring to inspect or receive a copy of any identifiable public record of the City may make a written request to the City's Public Records Officer. The procedures for a requester to make a request. and for the Citv to respond. are set forth in the attached Exhibit A. Exhibit A is herebv adopted as a Policv of the Citv. to govern all Citv Departments. Future amendments to Exhibit A mav be made bv a Resolution adopted bv Citv Council. A. Alllcque~ts fOl public recolds ~hall be made ill \1Vritillg."and ddi vercd in pClson or by mail. Rcqucsts de1ivelGd by faG~~mi1e, e1ectrollically, tGkpholh;:" or olally will not be, aGGepted as val~d pabli", lccords r",quests. D. The City ~ill provide a public recordsrcquest form that may be uscd by those requesting public lCGords. The public leGold~ rGquGst may bG SU'ullIittGd 011 thG fOlm provided by the: C~ty, 01 in anotho wlitten format that Gontaill5 Requests should include the following information:~ 1. The date of the request. 2. The name of the requestor. 3. The full address of the requestor. 4. The telephone number of the requestor. 5. A description of the requested record adequate to identify it. 6. The title and date of the requested record, if known. 7. Whether the requestor intends to inspect the records or to obtain a photocopy of the records. C. Thc written lequGst shall be stampcd to show thG datc and time of IGCC~pt by the Public Records OffiGcl. D. Requests fOl public H:eords shall bc Submitted to the Public Records Officer at 321 LMt l'ifth StlGGt, P.O. Dox 1150, Port AllgeIGs, W A 98362, 01 hi~ 01 hGr dGsignGG. . 2.74.035 - Request for Lists of Individuals - Affidavit Required. In the case of a request for records that may contain a list of individuals, the person making the request will furnish an affidavit either: tA. That states that he/she is not requesting the list for commercial purposes; or 2-B. That states that he/she is specifically authorized or directed by law to obtain the list of individuals for commercial purposes, and that identifies such law. -2- . E-4 . . o 0 the 8 RC,5POll.5{, to RC,CjuGbt. 0 0 ublic, lCCOld leqUc,5t in wutlllg, 2.74.04 -.. b' ,e" J.y, uf 'oeel,lIlg a V d (2) ad.llowlodgin. th'" A. WI till. h' 0 ~'~nJ I. y oi 'hel (I) pI 0, idin" d,o lOCO. 'f the 'imc tho C i' y will Pwno Room J, 0 ffiw '!.a~1 :~ and vw' iJill. a I easollaLlc o,ln n':~ 04 Roque" da. ih~liun dIG CiI y I.~ 'oco" oJ the, q t J) Jon y in" the pttbllG J oou. J '~que , ( ) ond '0 a 'oq uo,t wa) I eq ui, 0 tu · o,vund to the 'eq uo> .. (Jeeo,;, Additionallill,e. oqun od ~O I c,~, bIG thc info""atiun d/ (5) lcque5 a 0 1 ate ,hI a55G 1 vf tho "'-Ine,', an o. J ; - I ify d <c ;nt~,t of 'hc IGq uo,t, tu .oe , to dolo""ine ~ beH,c, any be Lasw uvun d,e nee. tu 0 a On, m dgondc,"ff<<toJ by the I eq u~' , m de a, 'u all 0. pa. I of tho leqne"cJ, 10 nv,.fy th..d pC". <xelll I and thdt a dGllial ,hunlJ lie IDa '" Iho Pttblic Reeo,J, of tho intv""a'ioll 'Cqn~,'od " . '0 f~ puLlic oo~, d I eque"'hdl ,,",1<1: ' i, ,celi ng. If the lequest In admowledgll1g rccelp I ofy hat in[ow1atioll the lcque5 01 o 1 C5tOl to C au w d 0 t Ofho~ way a~ I <c .'oq~ "I the Cily nood nvllG,,!,On 'u ,. d lei un 110 basi, 'ha' requestol [ails to danfy tIe lequ d leque1:.t fOl idGHtifiabk 1 <:COl s so y D 11" Cil y ,hall nvl on) a . " : oJ . . i',owndop..tnlcnlocolam u,e! thc '''1u,,''' o,e~b,~ C'I d pa,'mon'may dC,;"ndtO ~Ithlll "on wiH,o,,' Ibe ooquilOmerrl C. ~, a;l~bl~ '0 dIG publio fm inll.cJ.alo m'p~~,~ oI-thC-cum,tm" lGeOlJ, i, thccOunlo," lOoOIJ.., d "t In the Glen' a vhutoeop) 0 'II the dov..lmou' ,hall uf dfu":;,,1 P~~~I:;~~~u::,~~u,eo~'d i, dU 81/2" ~y 14" v"f;I~~ ~:I;~~vi" exceed tou (10) lequeste , au 1 n of chalgG. I OWC,VGl, 00) pagc5 lCC plO, ;do tho hIt' ':;' duplicatiun eo," ,hall 1.0 ohd' ged. . . ctl afie! 5. 00 v.m., tile ocq u" I pagcs, thc, app lcar> c (;1:.t [01 public, lecolds 11:.1CvClv h tlJeemrldlequ . d y . D. d d nex' Lu,mo>> a . b 'in m" !-all be dco'mod to ha,e boon reeehe .m' ~ vublio di,clo,",o ,oqll,"1 ,hdY nO' e COn u 5 1 12 RGq est O[ ContlHuattono . u f ,J:\ will bo vw,i<kd '0 Ihe . tion, v ,eeo . d III natu,o. d Fo"ndt A1ry "cod, ul pOI J' I ,.bl ,,,mJ,con'an,, F RooOl , . . d idod dIal any." u 0 . b . . ~ "nal as H" y dlO' dame , vw, . d <c di'<1 eti on uf tho CIl), . e lOquo>lul III Iho >dn" '0 I "Onio m meeha"iodl do,"ee "'ail, d' 'et 'pecifi" d fOlma' Jd on d ~mJll"CI. 0, ulh~ e rx; d' ~ o. in =vthel fOllnd!. If 'he J "l u:; . the I UjU" lod faunal vw,ided ill P""to~.:I~;,~I~i'~I;>od, the Ci'y wal. di,do,e ~~:;o~; e'd~:bIG of pou,idillg the whkh H.e lOcold,.' d I I di,do,ablc I co," d, eXISt, (2) th tl ,d (4) tho Jeqt1c,tu, VdY' if(l)iti5detcltll.we tId I fi atlcquc,5tc,dl:.1(d50na C,al t d (3) t 1C, 01111 I eco, d, iH ti" faunat · Ujue' :e , '" 1.all ue doomod all fco," cquil ed Ly tin, volle ~f R ~,d,. The City', OC;POH'~ tv ~e ':-::~';I,,: ecod, u, (2) in 6 Ill:' C(bUll v t I' b 1ll5pGC 101 0 -'. P, ,," UH" hnal uVUil (1) lequ~, u uo,lol OM' the pho'vouv.e, complck aud H.e C,ly , P u"ted, "PO" Hvtihca'lOil 'v the Icq tol chvu,"' '0 in'voct the ""tl vhotoeup.~~ ~te '~ ,en' aoJ viol-Ilp. In I1c "GIrt a ocquo~ c 'ccOld, wl.iob dIa' d ita 0 or p Yil . I c"OI OHOO , -,-- lequeste "0 a,a. d OffiCe! ,hall Hvlofy '-'e lOqU '11' ailable [vi in,pcclou" d tl P Lllc Recol b 0 1"1 C,COl ds tv 1 DC, d v leCOI"" k u HaLk tv, in'Vee"o".." diP blio Recold, Office., 01 1 equc,5t alc, dva to al t 1C, u '''vood to ( " , ecaLk Le' ~ eCIl d,c "que, , · 'v d to hvl iHto, fuJ e at a da'e a"J tiH,e mutuall y/gl of the ,ecv, d, ma) 1.0 b, uke!1 h.tu i",e; ,ah~, ;:." y appOiHlm",t I.i, vI hel d,,; ,,"cc. h"'pc~ :Iv~, City Clell', Offioe, 01 oth~ CI' y emp vi,~" " Ollln,y gi, ell day, o 1 d 01 0 elatIon 0 1 t (2) hOul appolll 11 w,H. t " .. aI 'y p 1 b r "eJ tu HU mufe d,a., a w u . diP b1io Ruo. d, 0 fficel, to inSpc,ctlCCOlds shal C 11111 d on bc,twGGll thc, leque5tol an tIC, u o tally aglCc, up un 10" othe, w"o mrt Il d aldbl dv the o 0 hall Lc 111a (, a v 1 01 his 01 hel dGblgnceo I b COlllpileJ fal ~11:.p(,dl01l :. Revold:. that laVe C;C;11 . -3- E-5 leque5tol fOl a peliod of no mOle than fOUl teel1 (14) ca!Gndal daY5. In the evwt a lCqU{'5tOl fai15 to contact th, Publ~G ReGOld5 Officel, 01 hi5 01 ho designee, within fOul teen (14) (a!cndell days of being 110tified that the ree01d5 ale available fol i1l5peet~on (1) the lel.old5 shall be letUlned to the originating depaltl11ellt, and (2) the requestol ~illneed to may 5uhmit a new lequc5t fOl the lecolds", and the plocess will begIn anew. II. If, Up01l1ev ~ew, ilis dete1mi11ed that the disd05Ule onile infounatio1l1eque5tcd 5hould be dwied in pall 01 entilely, then jLdtIfieation fOl the deletio11 01 withholding of infolmation 5hall be givw in wliting. . 2.74.050 - Iusp,etion and Copyin~ Ploeedules. A. Each City dGpaltmwt ",hall maintain coopoatG fully al1d plomptly with the Public ReC01d5 Officel to plovide public aGeeS5 to officiallecold5 but 5hall a150 plotGet public leeOld5 flOlH damage 01 dis01ganiz:at~on= and shall not allow excessive int~rfelenGe with other c5sellt~al funGtion5 of the dGpal t111el1t and the City. D. Public lCGOld5 5hall be availah!G fOl in5pection and copying daling rcgula1 office hOu15. C. City facilitie5 shall be made availahle to any pC150n fOl the COpy~11g of applopriatc public reeolds except wIlen and to the eAtent that thi~ woald ul11e,asonably dislupt the opelat~oll~ of the City. D. No fce sllall be chargcd fOl the inspection ofpubl~c lccord5. HOwevel, a cha1ge fOl plOV iding copie5 of public leCOlds and fOl the use by any pelson of City equip111Gllt to copy public lccords shall be c5tablished by the City COunGil resolution. L The Public RCCOld5 Officer may lcquile a dcp05it in all amodnt not to eAeeed ten percent onhe estimated cost of PI 0 v ~ding copil.s Eol a 1 eqt1e5t. If the PuLlic Recold5 Officel makes a lcque5t available on a pal tial 01 installment 'ua5i5, the Officel may chalgG fOl each pal t vftllC leqClI;;"t ,1.. it is {)lOv ~Jl.d. If an ~11"talll11ent of a 1 ,-,l.Vld" leyu,-,,,t ~s not da~111Cd Olll;;v ~'-'w cd, thc City is not obligated to fulfill thc balancc ofthG reque5t. . 2.74.0GO - Recolds Available fol In5pection. A. All public lccold5 orthe City ale avaaable fOlpublic inspection and Gopying u11k55 OtIICl wI5e exel11jJt flom publlc discl05ule as plvv~ded in Cbaptels 42.17 42.5G, 4JAJ and 10.97 RevV, PAMC 2.74.070,01 the U11~ted State,,, 01 \Vashil1gton State, ConstitutiOl15, 01 tile CMe law intelpleting Mid la~s. 2.74.076 40 - Index of Public Records - ~ Findings. A. Index of Public Records - Pilings Findings: 1. Ch 4Z-:-tT 42.56 RCW requires all cities and public agencies to maintain and make available a current index of all public records. 2. RCW 42.17.2GO(4)(a) 42.56.070(4)(a) provides that ifmaintaining such an index would be unduly burdensome, or would interfere with agency operation, a city need not maintain such an index,; but it must issue and publish a formal order specifying the reasons why and the extent to which compliance would be unduly burdensome or interfere with agencv operations. -4- . E-6 . 3. The City of Port Angeles is comprised of seven departments, their divisions and subdivisions, which maintain separate databases and/or record keeping systems-fOr the ~ndcxing of leeold~ and ~ufollnation. 4. Because the City has records that are diverse, complex and stored in multiple locations and in multiple formats and/or databases, it is unduly burdensome, if not physically impossible, to maintain a central index of records. 5. The City of Port Angeles will make available for inspection and/or copying all public records, including any indexes that are maintained by the City's deoartments. divisions and subdivisions. pursuant to the Public Disclosure Act, Ch. 42-:-tT 42.56 RCW and this chapter. B. Orderregarding Public Records Index. Based upon the findings set forth above and pursuant to RCW 42. 17.2GO(4)(a) 42.56.070(4)(a), the City Council orders the following: 1. The City of Port Angeles is not required to maintain a current index of public records due to fili.ding~ o[the City Couneil; the requirement is unduly burdensome and such a list is nearly impossible to create and/or maintain, and 2. Pursuant to Ch. 42-:-tT 42.56 RCW and this chapter, the City of Port Angeles shall make available for public inspection and/or copying all public records and any indexes of public records maintained by the City's deoartments. divisions and subdivisions. to the extent not exempt from inspection and/or copying pursuant to RCW 42,17.J 1 042.56.210 or other applicable law. . 2.74.08-650 - Records Exempt from Public Inspection. A. All public records identified as exempt from public disclosure in Chapters 42-:-tT 42.56, 10.97, 4J.4J RCWor and records protected from public disclosure by the United States or Washington State laws. statutes. regulations. or Constitutions or the case law interpreting said laws are exempt from disclosure under this Chapter. The City need only disclose records to the extent required or permitted by state or federal law and nothing in this Chapter shall be interpreted as requiring the disclosure of any record that is not subject to disclosure by state or federallaffl. Genclally, any lceord, 01 pOltion thGICof, that i~ exempt flom disG105Ule will not be di5do~Gd, and infolnl.ation contained iu the ncoldsmay be lel110vcd to the extel1t neeeS5al y 01 pelluis~~bk by law. 2.74.060 - No Dutv to Create Records. D. The City will not create records or documents in response to a request for public records that do not exist at the time the request is made. 2.74.696 Jf2 - Record Copying Payment. Payment for the cost of reproduction of all public records shall be made at the time the public records are made available to the requestor. . 2.74.100 - raYl1i.ent of Cost ofTlo.useliption ofVelbat~ul V{l~ttCli. Tlali.5elipt fO! COUlt rlOceGding~. A. Whcncv(,l the City i~ lequ~Icd to pI c-pal c a vCILatim \'\>litten tlansCi~pt of any ploc-e,cding onhe City i1l1C-Spou5e, to a ~lit Ofle,viGt'v 01 otllel aGtioll Lied in th" Sltpeliol COult 01 any othel State 01 [Gdt,;lal "vult, thG co~t of pI GPZl1ing the 5ame, shall be, bOlllG by the, palty filing the aGt~on. The, pal ty filing 5lte,h ae,tiou 5hall pay to tlte Cty ClCik the Gstimatcd C05t of -5- E-7 the plepalation onh" tlanselipt eM established by th~ ety CIGlk.), indtlding copying costs, and . thG City Clerk. f.hall thelea[tel mah a Plovision fOl the pI epal atioll ofthe tlanselipt. D. Should thc actual cost illeUlred by the City in plepalation of the tlansGlipt cxcced the amount deposited with the City Ckrk., the pal ty making such dl,po~it ~hall be 1 equil cd to lc,imbulf.e the City [O! such additional amount with~ll ten (10) days of J.lot~LGat~on that such amount is due, 01 pliol to the tilI1e the tlanSGlipt ~~ 1Gquilcd to be filed with thG GOult, whichevel OGeUlS Llf.t. Should the aGtual Gost inGUl1cd by the City b.::, ks~ than the l,~t~mated Gost d~po~~ted, f.uGh Gledit due shall LG lc1mbLllsed by tIle City to th~ palty making the rcquGf.t. C. Rcque~t~ fOl tlanscript~oli of di5pateh tape~ 01 other dGpal tl:udtt lecoldings 110t othel w isc c,xc,mpt ~hall be in w 1 ~ t~llg and dil eetcd to the supel v i501 of the 1 ecol ds J~ v i~ion of the police department. The Stipel v~~Ol 5hall estaLE~ll the estimated cost of pI Gpalatiul1 of the tlall~G1ipt and make prov ision for the plepalatioll ofth.::, tl<'l.1l5Glipt in aCGO!dallce with sub~eGt~ons A and D. 2.74.tte 80- Failure of the City. Failure ofthe City to fully comply with any provision of this chapter shall not result in any liability imposed upon the City other than th05e out1~11ed as provided in Ch. 4Z:-tT 42.56 RCW. Section 2 - Corrections. The City Clerk and the codifiers of this ordinance are authorized to make necessary corrections to this ordinance including, but not limited to, the correction ofthe scrivener's/clerical errors, references, ordinance numbering, section/subsection . numbers and any references thereto. Section 3 - Severability. If any provisions ofthis Ordinance, or its application to any person or circumstances, are held invalid, the remainder of the Ordinance, or application of the provisions of the Ordinance to other persons or circumstances, is not affected. Section 4 - Effective Date. This ordinance, being an exercise of an administrative function, is not subject to referendum. This ordinance shall take effect five days following the date of its publication by summary. PASSED by the City Council of the City of Port Angeles at a regular meeting of said Council held on the day of March, 2009. MAYOR . -6- E-8 . ATTEST: Becky 1. Upton, City Clerk APPROVED AS TO FORM: William E. Bloor, City Attorney PUBLISHED: ,2009 By Summary G:\LegatBackup\ORDINANCES&RESOLUTIONS\ORDINANCES.2008\50 - Inspection o[Public Records.! I0308.wpd February 27, 2009 . . -7- E-9 Exhibit "A" City of Port Angeles, Washington . POLICY REGARDING PUBLIC RECORDS REQUESTS It is the policy of the City of Port Angeles, (the "City") to release records of the City in compliance with the Public Records Act (the "Act"), set forth at Chapter 42.56 RCW, and any other applicable provisions of federal or state law. 1. OVERVIEW OF THE PUBLIC RECORDS ACT A. Purposes of the Policy. The purpose of this policy is to establish procedures to comply with 42.56 RCW, the Public Records Act. Except where these guidelines are mandated by statute, the guidelines in this policy are discretionary and advisory only and shall not impose any affirmative duty on the City. The City reserves the right to apply and interpret this policy as it sees fit, and to revise or change the policy at any time. This policy shall be available at City Hall and posted on the City's Website. B. Location of City Hall. Port Angeles City Hall is located at: 321 East 5th Street Port Angeles, Washington 98362 . All Record Requests shall be inspected at City Hall. City Hall is open 8 a.m. to 5 p.m., Monday through Friday, except legal holidays. II. GUIDELINES A. Definitions. 1. "Act" refers to the Public Records Act, at Chapter 42.56 RCW. 2. "City" refers to the City of Port Angeles. 3. "Electronically redact" means redacting information from electronic records in such a way that the exempt information is permanently removed from the record and cannot be in anyway recovered. 4. "Exempt information" means any information that may be redacted pursuant to the Public Records Act and/or other applicable law. 5. "Metadata" is data about data. It is typically generated by programs that create electronic documents, and is attached as part of that document as hidden text. It includes information describing aspects of actual data items, such as name of the author, formatting, content, editing history, and origins of the document. It can be displayed through tools in the program that created the document. . -1- E - 10 . . . Exhibit "A" 6. "Native Electronic Format" means the electronic format an electronic record originally exists as. For example, a Word document's native formation would have the ".doc" extension. 7. "Policy" refers to this policy for the Public Records Act. 8. "Reasonably locatable" means an electronic record that can be located with typical search features and organizing methods contained in the City's current software. 9. "Records Request" means a request for Public Records made to the City pursuant to the Act. 10. "Requester" means the person or entity that has made a Records Request to the City. B. Public Records Request. 1. Public Records Officer. The City's Public Records Officer for all City departments except police currently is the City Clerk. The Public Records Officer may be contacted in person at City Hall, or via first class mail addressed to the Public Records Officer at City Hall. The Police Department shall designate its own Public Records Officer, who may be contacted in person or via first class mail addressed to the Public Records Officer at the Port Angeles Police Department. The Public Records Officer may designate one or more Assistant Public Records Officer( s). An Assistant Public Records Officer will help the Public Records Officer as requested and shall carry out all ofthe Public Records Officer's duties when the Public Records Officer is not available due to vacation, sick leave or otherwise. The person serving as the Public Records Officer may change from time to time. The name and contact information for the current individual serving as the Public Records Officer shall be posted at the City Hall and on the City's Website. The Public Records Officer is available for assistance and information about the City's records. The Public Records Officer may delegate any of its responsibilities to City staff, but remains ultimately responsible for overseeing compliance with the Act and the Policy. The Public Records Officer shall: a. Be responsible for implementing the City's process regarding disclosure of public records; b. Serve as the principal contact point with any Requester who has made a Records Request to the City, unless the Public Records Officer has delegated these responsibilities for a particular Records Request to an Assistant Public Records Officer; c. Coordinate City staff, and generally ensuring the compliance ofthe staffwith public records disclosure requirements; d. Make the final decision in cooperation with the City Attorney regarding disclosure and application of exemptions. All Records Requests shall be made to the Public Records Officer. All subsequent communications from a Requester should also be directed to the Public Records Officer, unless an Assistant Public Records Officer has been delegated the responsibilities for a particular request. -2- E - 11 Exhibit "A" C. How to Make a Public Records Request. Public records may be inspected or copies of Public Records may be obtained by the public at City Hall upon compliance with the following procedures: To avoid confusion or miscommunication, a request for public records should be made in writing. For the convenience ofthe public, the City shall provide forms for records requests. In the event a request is not made in writing, the Public Records Officer shall confirm in writing to the requestor the details of the request. The purpose of this procedure is to assure that the City accurately and thoroughly responds to the request. A request form is available at City Hall and on the City's website. It may be mailed, or delivered in person to City Hall. The request should include the following information: 1. The date of the request. 2. The name of the requestor. 3. The full address of the requestor. 4. The telephone number of the requestor. 5. A description ofthe requested record adequate to identify it. 6. The title and date of the requested record, ifknown. 7. Whether the requestor intends to inspect the records or to obtain a photocopy of the records. D. Procedure for Responding to Request. All public records of the City are available for disclosure except as otherwise provided by law. All public records are and shall remain the property of the City. Outgoing officials and employees shall deliver such records to their successors. Public records are preserved, stored, transferred, destroyed, and otherwise managed only in accordance with the Public Records Policy, the City's Records Management Policy and applicable state law. Only existing records may be requested. The City is not required to create a record in response to the Records Request. If a request does not identify an existing record, the City shall so inform the Requester. 1. The City shall respond promptly to a Records Request. 2. Each Department of the City shall establish a procedure for "over the counter" records. Such records may be provided immediately in response to a request. 3. For requests for records not within the "over the counter" category, within five business days of receiving a Records Request, the City shall respond by: a. Notifying the Requester that the documents are available; or b. Send an" Acknow ledgement Letter" acknowledging that the City has received the request and providing a reasonable estimate of the time the City will require to respond to the request; or c. Deny the Records Request. In a "Denial Letter," the City should include an exemption log, as described in Section II-F-2, if any responsive exempt records exist. 4. Additional time for the City to respond to a request may be based on the need to: a. Clarify what documents are being sought in the request; b. Locate and assemble the records requested; c. Use the requested record in the City's normal course of business; d. Notify third persons or agencies affected by the request; or e. Determine whether any part of the records requested is exempt and that a denial should be made as to all or part of the request. -3- E - 12 . . . . . . Exhibit "A" 5. Unclear Requests. In acknowledging receipt of a Records Request that is unclear, the City may ask the Requester to clarify what records the Requester is seeking. If the Requester fails to clarify the request, the City may deem the request abandoned and need not respond to it. 6. Large Requests. When a Records Request is for a large volume of records, the City may elect to provide records on an installment basis. In such case, the Public Records Officer should provide a reasonable estimate in the Acknowledgement Letter when the first installment will be available. At the time the first installment is reviewed or copied, the Public Records Officer will estimate when the second installment will be available, and continue on that basis until the entire request has been completed. If a Requester does not contact the Public Records Officer within 15 days to arrange for the review ofthe first installment, the City may deem the request abandoned and stop fulfilling the remainder of the request. 7. Identitv of the Requester. The City may ask a Requester for personal identification when the law makes a record disclosable to a specific person. 8. Requests Made to Persons Other than the Public Records Officer. Any Records Requests received by City staff other than the Public Records Officer shall be immediately transmitted in writing to the Public Records Officer. 9. Requests for Verification of Customer Information. A customer service employee may only verify whether a customer is or has been a customer of the City. Any other request for verification shall be forwarded to the Public Records Officer. The Public Records Officer shall only verify a customer's phone number and address if an authorization allowing the verification is on file. 10. Requests for Electronic Records. Electronic records pose a special challenge for responding to public records requests. Electronic records, like paper records, can be "public records" subject to the Public Records Act. But it is not always feasible to redact exempt information from electronic records when the records are still in their Native Electronic Format. Thus, to protect exempt records, it will sometimes be necessary to either print the record out and redact it by hand, or convert the record into an electronic format that can be electronically redacted. If the Records Request includes requests for electronic records, the Public Records Officer may propose a list of search terms based on the Records Request to the Requester to assist the City in its search of responsive records. a. Non-exempt reasonably locatable electronic records are subject to disclosure. If the requester has requested an electronic record but has not specified any particular format, the City may produce the record in paper format with any necessary redactions. If a requester requests a copy in electronic format, the records shall be copied onto a compact disc or other available medium. If the requester requests to review the record or has requested a copy but lacks the necessary software to review the record in electronic form, the City may make a computer available to allow the requester to review the record electronically. b. Electronic records containing no exempt information. Electronic records that do not contain exempt information (including in any metadata) shall be produced in their Native Electronic Format if requested in that format. c. Electronic records containing exempt information. i. Records. When a record contains exempt information, the exempt information shall be redacted before the record is produced. Redactions may be made by either printing the record and redacting exempt information by hand or converting the record into an electronic format that can be electronically redacted and electronically redacting the exempt -4- E - 13 Exhibit "A" information. Alternatively, ifthe requester wants the record in its native electronic format, then the . City shall treat the request as seeking customized access, to be handled in the manner described in Section iii below. Comment. It is usually not possible to electronically redact information from a record in its native format. Metadata can be particularly difficult to redact. Thus, to ensure all is redacted, it will be necessary to print the record and redact, convert the record into an electronic format that can be electronically redacted and electronically redact the exempt information, or provide for customized access. ii. Databases. If the City can generate a report from the database with the requested non-exempt information through the standard process it uses for creating reports from this database, then the City shall generate a report with the specified information and handle the request as it would any request for an electronic record not containing exempt information. If the request requires additional steps, then the City shall treat the request as seeking customized access, to be handled in the manner described in Section iii below. Comment. When a request is for certain information contained in a database, the City should consider the effort and expense necessary for creating a report with the requested information when responding. If the City regularly generates reports from the database and can generate a report from the database with the requested non-exempt information through the standard process it uses for creating reports from this database, then the City shall generate a report with the specified information. This is true even if the information would not typically be included in a report the City normally generates. If, however, it would take . additional programming or other steps to generate a report, then the City may treat the request as one requiring customized access. The City should get the requester's commitment to pay for this access before it incurs the cost. 111. Customized access. A. Creating a new record. When a requester seeks an electronic record in its native format that contains exempt information, the City shall "redact" the exempt information by creating a new record in the native format without the exempt information, provided that the requester agrees to pay for the costs of this customized access. The City may also choose to create a new record as the most cost-effective way to redact information, provided that the requester consents. Comment. The Public Records Act does not require public agencies to create records in response to a public records request. Creating a new record, however, may be the only way to allow access to an electronic record in its native format when the original record contains exempt information that must be redacted. There are also times when creating a new record may be the most cost-effective way for the City to redact exempt information from an electronic record. For example in a spreadsheet, it will often be easier to create a new spreadsheet without a column that contains exempt information, rather than print and redact the column by hand. Under these circumstances, ifthe requester consents, the City should consider this option without charging the requester. . -5- E - 14 ~I -~ . . . Exhibit "A" B. Computer programming. If the requester seeks information from a database that requires additional programming to generate a report with the requested information, the City may provide this customized access, provided that the City possesses the technological capability to do such programming and provided that the requester agrees to pay for the costs of this customized access. If a requester seeks access to the actual database itself and additional programming is required to allow this access or to insure the requester cannot access exempt information, the City may provide this customized access, provided that the City possesses the technological capability to do such programming and provided that the requester agrees to pay for the costs of this customized access. Under no circumstances shall a requester be given access to a database if it is not possible to protect exempt information. C. Metadata. If a requester seeks metadata from a record that contains exempt information and the City possesses the technological capability, the City may provide a report containing that metadata with all exempt information redacted. iv. Costs. Costs associated with producing public records are specified in Chapter 3.70 of the Port Angeles Municipal Code, as may be amended from time to time. The City may collect a deposit of up to 10% of the projected cost before creating customized access. v. Notice to Third Parties. If a public record contains personal information that identifies an individual or organization, the City may notify that individual or organization by sending the third party a "Notice of Request" letter. The City may send this notice to the individual or organization if releasing the personal information could damage the individual or organization, or government operations, or is not in the best interest of the public. The notice should include: A. B. e. The record being requested; The date the City intends to release the record; and How the individual or organization can prevent release of the record. The City will release the record by the specified date if no one objects or the contacted party does not respond by the specified date. This procedure shall not create any rights to third parties to such notice. vi. Notice to Requester. The City may also send a written notice to the Requester notifying them that: A. The individual or organization whose personal information is contained in the requested public record has been notified; B. The City expects a response from the individual or organization regarding disclosure of their personal information by a specified date; and C. Disclosure may be denied. vii. Notice.of Availability. When the records responsive to the request (or the first installment) are available for inspection, the City shall send the Requester a "Notice of A vailability" letter. If the Requester fails to contact the City within 15 days of the mailing of this letter, the City may treat the request as abandoned. When the City is producing in installments, this letter shall also provide an estimate of when the next installment will be available. -6- E - 15 Exhibit "A" Vlll. Preservation of Records. . A. The City shall comply with state and federal laws affecting the maintenance and preservation of public records, including but not limited to the guidelines promulgated by the Secretary of State Division of Archives and Records Management. B. Nothing in this Policy prevents the City from destroying records in accordance with RCW 40.14. But if a Record Request is made at a time when such record exists but is scheduled for destruction in the near future for any reason, the Public Records Officer shall retain possession of the record, and may not destroy or erase the record until the request is resolved. E. Exemptions. 1. Exemptions. After the City has gathered responsive records, the City shall determine whether an exemption applies to all or part of the record. The City need not make available for inspection and copying Public Records exempt from public inspection and copying under Chapter 42.56 RCW and other records exempt from public inspection and copying under state or federal law, statute, or regulation. 2. Address Verification. If a customer wishes to have the City verify his or her address, the customer shall provide the City a statement in writing authorizing the City to provide that verification. This authorization shall be construed as applicable to all requests for verification, unless the authorization is expressly limited to particular requesters. F. Additional Procedures for Exemptions. 1. When exempt portions of Public Records can be redacted, the remainder thereof shall be open to public inspection and copying. . 2. Exemption Log. If the City determines that all or part of a record is subject to an exemption, the City shall so inform the Requester in writing, including: a. A description of the exemption; b. The type of record being withheld; c. If necessary, a short explanation of why it applies to the record (or part) being withheld; d. The date the record was created; e. The number of pages; and f. The author, or other means of sufficiently identifying particular records without disclosing protected contents. 3. Where the use of any identifying features would reveal protected contents, the City may designate the record with a numbered sequence. 4. Pursuant to the Act, the City reserves the right to seek to enjoin the examination of any specific record, the examination of which the City determines would clearly not be in the public interest and would substantially damage any person or would substantially damage vital governmental functions. G. Inspection of Records. 1. Notice. The Public Records Officer shall notify the Requester when the records will be available (or the first installment if the records are being produced on an installment basis). . -7- E - 16 . . . Exhibit "A" 2. Response by Requester. If the Requester does not review the records at the time scheduled with the Public Records Officer, does not contact the Public Records Officer to arrange for payment, or does not request additional time to review the records within 15 days after the Notice of Availability Letter was sent, the City may consider the Records Request abandoned. 3. Protection of Records. In order that Public Records maintained on the premises of the City may be protected from damage or disorganization as required by the Act, the following procedures and practices are hereby instituted: a. No Public Records shall be removed from City Hall without the Public Records Officer's permission; b. Inspection of any Public Records shall be conducted in the presence of the Public Records Officer or designated staff; c. No public record may be marked, defaced, tom, damaged, destroyed, unreasonably disorganized or removed from its proper location or order by a member ofthe public; d. Public records maintained in a file jacket or binders, or in chronological order, may not be dismantled except for the purpose of copying, and then only by City staff; and e. Public records of the City may be copied only on the copying machines ofthe City unless other arrangements are made by the Public Records Officer. 4. Loss of Right to Inspect. Inspection shall be denied and the records withdrawn by the Public Records Officer if the Requester, when reviewing records, acts in a manner which will damage or substantially disorganize the records or interfere excessively with other essential functions of the City. H. Deposits for Copying Public Records. When determining whether to request a deposit, the City shall consider the cost of making the requested copies and any payment history of the Requester, as well as the administrative burden of seeking a deposit. 1. Index of Public Records. For the reasons stated in Ordinance 3213 and Ordinance _, incorporated herein by reference, the City finds that it would be unduly burdensome and would interfere with City operations to maintain an index of records. The City will make available for public disclosure all indices which may at a future time be developed for City use. J. Closing the File. Once all copies of requested records have been provided to the Requester, or the request has been abandoned, the Public Records Officer shall mail the Requester a "Closing Letter" informing the Requester that the City has fully responded to the Records Request. Upon receipt of the Closing Letter, the Requester should immediately inform the Public Records Officer if the Requester does not think the City has fully complied, or needs additional time to review the records. If the Requester does not respond within ten business days after the Closing Letter was sent, the City may treat the matter as closed. -8- E - 17 I I ! Exhibit "A" Ill. DISCLAIMER This Policy is not intended to expand or restrict the rights of disclosure or privacy as they exist under state and federal law. Nothing in this Policy is intended to impose mandatory duties on the City beyond those imposed by state and federal law. G:\Legal_Backup\ORDINANCES&RESOLUTlONS\ORDINANCES.2008\50 - Exhibit A-Public Records Policy.031109.wpd (311012009) -9- E - 18 f) . . Chapter 42.56 RCW Public records act Chapter Listing . RCW Sections 42.56.001 Finding, purpose. 42.56.010 Definitions. 42.56.020 Short title. 42.56.030 Construction. 42.56.040 Duty to publish procedures. 42.56.050 Invasion of privacy, when. 42.56.060 Disclaimer of public liability. 42.56.070 Documents and indexes to be made public. 42.56.080 Facilities for copying -- Availability of public records. 42.56.090 Times for inspection and copying. 42.56.100 Protection of public records -- Public access. 42.56.110 Destruction of information relating to employee misconduct. 42.56.120 Charges for copying. 42.56.130 Other provisions not superseded. 42.56.140 Public records exemptions accountability committee. 42.56.210 Certain personal and other records exempt. 42.56.230 Personal information. 42.56.240 Investigative, law enforcement, and crime victims. 42.56.250 Employment and licensing. 42.56.260 Real estate appraisals. 42.56.270 Financial, commercial, and proprietary information. 42.56.280 Preliminary drafts, notes, recommendations, intra-agency memorandums. 42.56.290 Agency party to controversy. 42.56.300 Archaeological sites. 42.56.310 Library records. 42.56.320 Educational information. 42.56.330 Public utilities and transportation. 42.56.335 Public utility districts and municipally owned electrical utilities -- Restrictions on access by law enforcement authorities. 42.56.340 Timeshare, condominium, etc. owner lists. 42.56.350 Health professionals. 42.56.360 Health care. 42.56.370 Domestic violence program, rape crisis center clients. 42.56.380 Agriculture and livestock. 42.56.390 Emergency or transitional housing. 42.56.400 Insurance and financial institutions. 42.56.403 Property and casualty insurance statements of actuarial opinion. 42.56.410 Employment security department records, certain purposes. 42.56.420 Security. . . . . . ~llapler "tL..JU l\.~ VV. r UUJlC reCUlUS aCl rat;C J Vi..JL. .. ..ht!g;/,/,aRRs .1eg.M::a. go.Y!RC~!d efault. aSRx:?.ci te;;;,,4 2..5 6.&full:;:;true 3.l1}[2Q_Q2 I...-llcl!Jler 'tL...JU 1~1...- vv : r ULJIIC 1 CCUI U:; dCl r at;C; L Vl ..)'7 42.56.430 Fish and wildlife. 42.56.440 Veterans' discharge papers -- Exceptions. 42.56.450 Check cashers and sellers licensing applications. 42.56.460 Fireworks. 42.56.470 Correctional industries workers. 42.56.480 Inactive programs. 42.56.510 Duty to disclose or withhold information -- Otherwise provided. 42.56.520 Prompt responses required. 42.56.530 Review of agency denial. 42.56.540 Court protection of public records. 42.56.550 Judicial review of agency actions. 42.56.560 Application of RCW 42.56.550. 42.56.570 Explanatory pamphlet. 42.56.580 Public records officers. 42.56.590 Personal information -- Notice of security breaches. 42.56.600 Mediation communications. 42.56.610 Certain information from dairies and feedlots limited -- Rules. . 42.56.900 Purpose -- 2005 c 274 SS 402-429. 42.56.901 Part headings not law -- 2005 c 274. 42.56.902 Effective date -- 2005 c 274. 42.56.903 Effective date -- 2006 c 209. 42.56.904 Intent -- 2007 c 391. Notes: Criminal records privacy: Chapter 10.97 RCW. . 42.56.001 Finding, purpose. The legislature finds that chapter 42.17 RCW contains laws relating to several discrete subjects. Therefore, the purpose of chapter 274, Laws of 2005 is to recodify some of those laws and create a new chapter in the Revised Code of Washington that contains laws pertaining to public records. [2005 c 274 S 1] 42.56.010 Definitions. The definitions in this section apply throughout this chapter unless the context clearly requires otherwise. (1) "Agency" includes all state agencies and all local agencies. "State agency" includes every state office, department, division, bureau, board, commission, or other state agency. "Local agency" includes every county, city, town, municipal corporation, quasi- municipal corporation, or special purpose district, or any office, department, division, bureau, board, commission, or agency thereof, or other local public agency. (2) "Public record" includes any writing containing information relating to the conduct of government or the performance of any . governmental or proprietary function prepared, owned, used, or retained by any state or local agency regardless of physical form or characteristics. For the office of the secretary of the senate and the office of the chief clerk of the house of representatives, public records means legislative records as defined in RCW 40.14.100 and also means the following: All budget and financial records; . ... J1ttg:UaRRs.leg..\y.a.go~I.Rc.:_~l.defau1t.ClsRx?,,<ite;;=42.5,.6&ful1==.tme 3/L'ZL2009 . ~napl\::r "tL.')U J,-~ vv: rUOllC recorus aCl rag\;:; .) VI .JL. personnel leave, travel, and payroll records; records of legislative sessions; reports submitted to the legislature; and any other record designated a public record by any official action of the senate or the house of representatives. (3) "Writing" means handwriting, typewriting, printing, photostating, photographing, and every other means of recording any form . of communication or representation including, but not limited to, letters, words, pictures, sounds, or symbols, or combination thereof, and all papers, maps, magnetic or paper tapes, photographic films and prints, motion picture, film and video recordings, magnetic or punched cards, discs, drums, diskettes, sound recordings, and other documents including existing data compilations from which information may be obtained or translated. [2007 c 197 S 1; 2005 c 274 S 101.] 42.56.020 Short title. This chapter may be known and cited as the public records act. [2005 c 274 S 102.] 42.56.030 Construction. The people of this state do not yield their sovereignty to the agencies that serve them. The people, in delegating authority, do not give their public servants the right to decide what is good for the people to know and what is not good for them to know. The people . insist on remaining informed so that they may maintain control over the instruments that they have created. This chapter shall be liberally construed and its exemptions narrowly construed to promote this public policy and to assure that the public interest will be fully protected. In the event of conflict between the provisions of this chapter and any other act, the provisions of this chapter shall govern. [2007 c 197 S 2; 2005 c 274 S 283; 1992 c 139 S 2. Formerly RCW 42.17.251.] - --- 42.56.040 Duty to publish procedures. (1) Each state agency shall separately state and currently publish in the Washington Administrative Code and each local agency shall prominently display and make available for inspection and copying at the central office of such local agency, for guidance of the public: (a) Descriptions of its central and field organization and the established places at which, the employees from whom, and the methods whereby, the public may obtain information, make submittals or requests, or obtain copies of agency decisions; (b) Statements of the general course and method by which its operations are channeled and determined, including the nature and requirements of all formal and informal procedures available; (c) Rules of procedure; (d) Substantive rules of general applicability adopted as authorized by law, and statements of general policy or interpretations of general applicability formulated and adopted by the agency; and . (e) Each amendment or revision to, or repeal of any of the foregoing. (2) Except to the extent that he has actual and timely notice of the terms thereof, a person may not in any manner be required to resort to, or be adversely affected by, a matter required to be published or displayed and not so published or displayed. ~~~.httR:!!aR.ps.l~g. wa. g9y!RCW!def~lUl t. aspx?ci te:::::4 2,.5 6&full=:.true J/J 1/2.oD9_ . Lnaprer Ll-L,)O KL W: rUOllC recorus act rag\;; '+ VI J-: [1973 c 1 S 25 (Initiative Measure No. 276, approved November 7,1972). Formerly RCW 42.17.250.] . 42.56.050 Invasion of privacy, when. A person's "right to privacy," "right of privacy," "privacy," or "personal privacy," as these terms are used in this chapter, is invaded or violated only if disclosure of information about the person: (1) Would be highly offensive to a reasonable person, and (2) is not of legitimate concern to the public. The provisions of this chapter dealing with the right to privacy in certain public records do not create any right of privacy beyond those rights that are specified in this chapter as express exemptions from the public's right to inspect, examine, or copy public records. [1987 c 403 S 2. Formerly RCW 42.17.255.] Notes: Intent -- 1987 c 403: "The legislature intends to restore the law relating to the release of public records largely to that which existed prior to the Washington Supreme Court decision in "In Re Rosier," 105 Wn.2d 606 (1986). The intent of this legislation is to make clear that: (1) Absent statutory provisions to the contrary, agencies possessing records should in responding to requests for disclosure not make any distinctions in releasing or not releasing records based upon the identity of the person or agency which requested the records, and (2) agencies having public records should rely only upon statutory exemptions or prohibitions for refusal to provide public records. Further, to avoid unnecessary confusion, "privacy" as used in RCW 42.17.255 is intended to have the same meaning as the definition given that word by the Supreme Court in "Hearst v. Hoppe," 90 Wn.2d 123, 135 (1978)."[1987c40391.] Severability -- 1987 c 403: "If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected." [1987 c 403 9 7.] 42.56.060 Disclaimer of public liability. . No public agency, public official, public employee, or custodian shall be liable, nor shall a cause of action exist, for any loss or damage based upon the release of a public record if the public agency, public official, public employee, or custodian acted in good faith in attempting to comply with the provisions of this chapter. [1992 c 139 S 11. Formerly RCW 42.17.258] 42.56.070 Documents and indexes to be made public. (1) Each agency, in accordance with published rules, shall make available for public inspection and copying all public records, unless the record falls within the specific exemptions of 'subsection (6) of this section, this chapter, or other statute which exempts or prohibits disclosure of specific information or records. To the extent required to prevent an unreasonable invasion of personal privacy interests protected by this chapter, an agency shall delete identifying details in a manner consistent with this chapter when it makes available or publishes any public record; however, in each case, the justification for the deletion shall be explained fully in writing. (2) For informational purposes, each agency shall publish and maintain a current list containing every law, other than those listed in this chapter, that the agency believes exempts or prohibits disclosure of specific information or records of the agency. An agency's failure to list an exemption shall not affect the efficacy of any exemption. (3) Each local agency shall maintain and make available for public inspection and copying a current index providing identifying information as to the following records issued, adopted, or promulgated after January 1, 1973: . (a) Final opinions, including concurring and dissenting opinions, as well as orders, made in the adjudication of cases; ~lltl]2J/a!2J2s."l~g,w a. gov/RCW/default. as px? ci te=:=4 2.5 6&fu 11 =true 3/17/2Q09 L-napter 'tL..Jo KL- W: I~UDllC recorus act rage..J VI .JL (b) Those statements of policy and interpretations of policy, statute, and the Constitution which have been adopted by the agency; (c) Administrative staff manuals and instructions to staff that affect a member of the public; . (d) Planning policies and goals, and interim and final planning decisions; (e) Factual staff reports and studies, factual consultant's reports and studies, scientific reports and studies, and any other factual information derived from tests, studies, reports, or surveys, whether conducted by public employees or others; and (f) Correspondence, and materials referred to therein, by and with the agency relating to any regulatory, supervisory, or enforcement responsibilities of the agency, whereby the agency determines, or opines upon, or is asked to determine or opine upon, the rights of the state, the public, a subdivision of state government, or of any private party. (4) A local agency need not maintain such an index, if to do so would be unduly burdensome, but it shall in that event: (a) Issue and publish a formal order specifying the reasons why and the extent to which compliance would unduly burden or interfere with agency operations; and (b) Make available for public inspection and copying all indexes maintained for agency use. (5) Each state agency shall, by rule, establish and implement a system of indexing for the identification and location of the following records: (a) All records issued before July 1, 1990, for which the agency has maintained an index; (b) Final orders entered after June 30, 1990, that are issued in adjudicative proceedings as defined in RCW 34.05.010 and that contain an analysis or decision of substantial importance to the agency in carrying out its duties; (c) Declaratory orders entered after June 30, 1990, that are issued pursuant to RCW 34.05.240 and that contain an analysis or decision of substantial importance to the agency in carrying out its duties; (d) Interpretive statements as defined in RCW 34.05.010 that were entered after June 30,1990; and . (e) Policy statements as defined in RCW 34.05.010 that were entered after June 30,1990. Rules establishing systems of indexing shall include, but not be limited to, requirements for the form and content of the index, its location and availability to the public, and the schedule for revising or updating the index. State agencies that have maintained indexes for records issued before July 1, 1990, shall continue to make such indexes available for public inspection and copying. Information in such indexes may be incorporated into indexes prepared pursuant to this subsection. State agencies may satisfy the requirements of this subsection by making available to the public indexes prepared by other parties but actually used by the agency in its operations. State agencies shall make indexes available for public inspection and copying. State agencies may charge a fee to cover the actual costs of providing individual mailed copies of indexes. (6) A public record may be relied on, used, or cited as precedent by an agency against a party other than an agency and it may be invoked by the agency for any other purpose only if: (a) It has been indexed in an index available to the public; or (b) Parties affected have timely notice (actual or constructive) of the terms thereof. (7) Each agency shall establish, maintain, and make available for public inspection and copying a statement of the actual per page cost or other costs, if any, that it charges for providing photocopies of public records and a statement of the factors and manner used to determine the actual per page cost or other costs, if any. (a) In determining the actual per page cost for providing photocopies of public records, an agency may include all costs directly incident to copying such public records including the actual cost of the paper and the per page cost for use of agency copying equipment. In determining other actual costs for providing photocopies of public records, an agency may include all costs directly incident to shipping such public records, including the cost of postage or delivery charges and the cost of any container or envelope used. (b) In determining the actual per page cost or other costs for providing copies of public records, an agency may not include staff salaries, benefits, or other general administrative or overhead charges, unless those costs are directly related to the actual cost of copying the public records. Staff time to copy and mail the requested public records may be included in an agency's costs. . (8) An agency need not calculate the actual per page cost or other costs it charges for providing photocopies of public records if to do so would be unduly burdensome, but in that event: The agency may not charge in excess of fifteen cents per page for photocopies of public records or for the use of agency equipment to photocopy public records and the actual postage or delivery charge and the cost of any container or envelope used to mail the public records to the requestor. =~~h ttp-:// ap-Rs .leg.wa. go v/RCW/defa lilt. aSQx? cite:=42. 5_6~ full :=true.. .. 3/ 1] /2QQ9 Lnapter 4L.)O KLW: YUOllC recoras act rage 0 or -'~ (9) This chapter shall not be construed as giving authority to any agency, the office of the secretary of the senate, or the office of the chief clerk of the house of representatives to give, sell or provide access to lists of individuals requested for commercial purposes, and agencies, the office of the secretary of the senate, and the office of the chief clerk of the house of representatives shall not do so unless specifically authorized or directed by law: PROVIDED, HOWEVER, That lists of applicants for professional licenses and of professional licensees shall be made available to those professional associations or educational organizations . recognized by their professional licensing or examination board, upon payment of a reasonable charge therefor: PROVIDED FURTHER, That such recognition may be refused only for a good cause pursuant to a hearing under the provisions of chapter 34.05 RCW, the Administrative Procedure Act. [2005 c 274 S 284; 1997 c 409 S 601. Prior: 1995 c 397 S 11; 1995 c 341 S 1; 1992 c 139 S 3; 1989 c 175 S 36; 1987 c 403 S 3; 1975 1st ex.s. C 294 S 14; 1973 C 1 S 26 (Initiative Measure No. 276, approved November 7,1972). Formerly RCW 42.17.260.] Notes: *Reviser's note: Subsection (6) of this section was renumbered as subsection (7) by 1992 c 139 S 3; and subsection (7) 'was subsequently renumbered as subsection (9) by 1995 c 341 S 1. Part headings -- Severability -- 1997 c 409: See notes following RCW 43.22.051. Effective date -- 1989 c 175: See note following RCW 34.05.010. Intent -- Severability -- 1987 c 403: See notes following RCW 42.56.050. Exemption for registered trade names: RCW 19.80.065. 42.56.080 Facilities for copying - Availability of public records. Public records shall be available for inspection and copying, and agencies shall, upon request for identifiable public records, make them promptly available to any person including, if applicable, on a partial or installment basis as records that are part of a larger se. of requested records are assembled or made ready for inspection or disclosure. Agencies shall not deny a request for identifiable public records solely on the basis that the request is overbroad. Agencies shall not distinguish among persons requesting records, and such persons shall not be required to provide information as to the purpose for the request except to establish whether inspection and copying would violate RCW 42.56.070(9) or other statute which exempts or prohibits disclosure of specific information or records to certain persons. Agency facilities shall be made available to any person for the copying of public records except when and to the extent that this would unreasonably disrupt the operations of the agency. Agencies shall honor requests received by mail for identifiable public records unless exempted by provisions of this chapter. . [2005 C 483 S 1; 2005 C 274 S 285; 1987 C 403 S 4; 1975 1st ex.s. C 294 S 15; 1973 C 1 S 27 (Initiative Measure No. 276, approved November 7,1972). Formerly RCW 42.17.270.] Notes: Reviser's note: This section was amended by 2005 c 274 S 285 and by 2005 c 483 S 1, each without reference to the other. Both amendments are incorporated in the publication of this section under RCW 1.12.025(2). For rule of construction, see RCW 1.12.025(1 ). Intent -- Severability -- 1987 c 403: See notes following RCW 42.56.050. 42.56.090 Times for inspection and copying. Public records shall be available for inspection and copying during the customary office hours of the agency, the office of the secretary of the senate, and the office of the chief clerk of the house of representatives: PROVIDED, That if the entity does not have customary office hours of at least thirty hours per week, the public records shall be available from nine o'clock a,m. to noon and from one o'clock p.m. to four o'clock p.m. Monday through Friday, excluding legal holidays, unless the person making the request and the agency, the office of the secretary of the senate, or the office of the chief clerk of the house of representatives or its . representative agree on a different time. [1995 C 397 S 12; 1973 C 1 S 28 (Initiative Measure No. 276, approved November 7,1972). Formerly RCW 42.17.280.] http:// apps.1 ego wa.goY IRCW 1 default.aspx? ci te=;o4 2.56& full=true 3/17/2009 . ~napTer LfL..)O K~ w: rUDllC recoros aCT yage / OT jL . 42.56.100 Protection of public records - Public access. Agencies shall adopt and enforce reasonable rules and regulations, and the office of the secretary of the senate and the office of the chief clerk of the house of representatives shall adopt reasonable procedures allowing for the time, resource, and personnel constraints associated with legislative sessions, consonant with the intent of this chapter to provide full public access to public records, to protect public records from damage or disorganization, and to prevent excessive interference with other essential functions of the agency, the office of the secretary of the senate, or the office of the chief clerk of the house of representatives. Such rules and regulations shall provide for the fullest assistance to inquirers and the most timely possible action on requests for information. Nothing in this section shall relieve agencies, the office of the secretary of the senate, and the office of the chief clerk of the house of representatives from honoring requests received by mail for copies of identifiable public records. If a public record request is made at a time when such record exists but is scheduled for destruction in the near future, the agency, the office of the secretary of the senate, or the office of the chief clerk of the house of representatives shall retain possession of the record, and may not destroy or erase the record until the request is resolved. [1995 c 397 S 13; 1992 c 139 S 4; 1975 1st ex.s. C 294 S 16; 1973 C 1 S 29 (Initiative Measure No. 276, approved November 7,1972). Formerly RCW 42.17.290.] 42.56.110 Destruction of information relating to employee misconduct. Nothing in this chapter prevents an agency from destroying information relating to employee misconduct or alleged misconduct, in accordance with RCW 41.06.450, to the extent necessary to ensure fairness to the employee. . [1982 C 208 S 13. Formerly RCW 42.17.295.] Notes: Severability -- 1982 c 208: See RCW 42.40.900. 42.56.120 Charges for copying. No fee shall be charged for the inspection of public records. No fee shall be charged for locating public documents and making them available for copying. A reasonable charge may be imposed for providing copies of public records and for the use by any person of agency equipment or equipment of the office of the secretary of the senate or the office of the chief clerk of the house of representatives to copy public records, which charges shall not exceed the amount necessary to reimburse the agency, the office of the secretary of the senate, or the office of the chief clerk of the house of representatives for its actual costs directly incident to such copying. Agency charges for photocopies shall be imposed in accordance with the actual per page cost or other costs established and published by the agency. In no event may an agency charge a per page cost greater than the actual per page cost as established and published by the agency. To the extent the agency has not determined the actual per page cost for photocopies of public records, the agency may not charge in excess of fifteen cents per page. An agency may require a deposit in an amount not to exceed ten percent of the estimated cost of providing copies for a request. If an agency makes a request available on a partial or installment basis, the agency may charge for each part of the request as it is provided. If an installment of a records request is not claimed or reviewed, the agency is not obligated to fulfill the balance of the request. [2005 C 483 S 2. Prior: 1995 C 397 S 14; 1995 C 341 S 2; 1973 C 1 S 30 (Initiative Measure No. 276, approved November 7, 1972). Formerly RCW 42.17.300.] . 42.56.130 http:// apps.leg. wa.gOY IRCW 1 defau1t.aspx? ci te=42. 56&full=true 3/17/2009 cnapter L1L)O KCW: I~UDI1C recoras aCT rage 1) or j~ Other provisions not superseded. The provisions of RCW 42.56.070(7) and (8) and 42.56.120 that establish or allow agencies to establish the costs charged for photocopies of public records do not supersede other statutory provisions, other than in this chapter, authorizing or governing fees for copying public records. . [2005 c 274 S 286; 1995 c 341 S 3. Formerly RCW 4217.305.] 42.56.140 Public records exemptions accountability committee. (1 )(a) The public records exemptions accountability committee is created to review exemptions from public disclosure, with thirteen members as provided in this subsection. (i) The governor shall appoint two members, one of whom represents the governor and one of whom represents local government. (ii) The attorney general shall appoint two members, one of whom represents the attorney general and one of whom represents a statewide media association. (iii) The state auditor shall appoint one member. (iv) The president of the senate shall appoint one member from each of the two largest caucuses of the senate. (v) The speaker of the house of representatives shall appoint one member from each of the two largest caucuses of the house of representatives. (vi) The governor shall appoint four members of the public, with consideration given to diversity of viewpoint and geography. (b) The governor shall select the chair of the committee from among its membership. . (c) Terms of the members shall be four years and shall be staggered, beginning August 1,2007. (2) The purpose of the public records exemptions accountability committee is to review public disclosure exemptions and provide recommendations pursuant to subsection (7)( d) of this section. The committee shall develop and publish criteria for review of public exemptions. (3) All meetings of the committee shall be open to the public. (4) The committee must consider input from interested parties. (5) The office of the attorney general and the office of financial management shall provide staff support to the committee. (6) Legislative members of the committee shall be reimbursed for travel expenses in accordance with RCW 44.04.120. Nonlegislative members, except those representing an employer or organization, are entitled to be reimbursed for travel expenses in accordance with RCW 43.03.050 and 43.03.060. (7)(a) Beginning August 1, 2007, the code reviser shall provide the committee by August 1 st of each year with a list of all public disclosure exemptions in the Revised Code of Washington. (b) The committee shall develop a schedule to accomplish a review of each public disclosure exemption. The committee shall publish the schedule and publish any revisions made to the schedule. (c) The chair shall convene an initial meeting of the committee by September 1, 2007. The committee shall meet at least once a quarter and may hold additional meetings at the call of the chair or by a majority vote of the members of the committee. (d) For each public disclosure exemption, the committee shall provide a recommendation as to whether the exemption should be continued without modification, modified, scheduled for sunset review at a future date, or terminated. By November 15th of each year, the committee shall transmit its recommendations to the governor, the attorney general, and the appropriate committees of the house of representatives and the senate. . [2007 c 198 S 2.] http://apps.leg. wa.gov IRCW I defaul t.aspx? ci te=42. 56&fu ll=true 3/1712009 Lnaprer 'fL.::lO KL W: ruollc recoras aCT lJage ';I 01 ')L Notes: Finding -- 2007 c 198: "The legislature recognizes that public disclosure exemptions are enacted to meet objectives that are determined to be in the public interest. Given the changing nature of information technology and management, recordkeeping, and the increasing number of public disclosure exemptions, the legislature finds that periodic reviews of public disclosure exemptions are needed to determine if each exemption serves the public interest." [2007 c 198 S 1.] . 42.56.210 Certain personal and other records exempt. (1) Except for information described in RCW 42.56.230(3)(a) and confidential income data exempted from public inspection pursuant to RCW 84.40.020, the exemptions of this chapter are inapplicable to the extent that information, the disclosure of which would violate personal privacy or vital governmental interests, can be deleted from the specific records sought. No exemption may be construed to permit the nondisclosure of statistical information not descriptive of any readily identifiable person or persons. (2) Inspection or copying of any specific records exempt under the provisions of this chapter may be permitted if the superior court in the county in which the record is maintained finds, after a hearing with notice thereof to every person in interest and the agency, that the exemption of such records is clearly unnecessary to protect any individual's right of privacy or any vital governmental function. (3) Agency responses refusing, in whole or in part, inspection of any public record shall include a statement of the specific exemption authorizing the withholding of the record (or part) and a brief explanation of how the exemption applies to the record withheld. [2005 c 274 S 402. Prior: (2006 c 302 S 11 expired July 1, 2006); (2006 c 75 S 2 expired July 1, 2006); (2006 c 8 S 111 expired July 1, 2006); (2003 151 sp.S. c 26 S 926 expired June 30, 2005); 2003 c 277 S 3; 2003 c 124 S 1; prior: 2002 c 335 S 1; 2002 c 224 S 2; 2002 c 205 S 4; 2002 c 172 S 1; prior: 2001 c 278 S 1; 2001 c 98 S 2; 2001 c 70 S 1; prior: 2000 c 134 S 3; 2000 c 56 S 1; 2000 c 6 S 5; prior: 1999 c 326 S 3; 1999 c 290 S 1; 1999 c 215 S 1; 1998 c 69 S 1; prior: 1997 c 310 S 2; 1997 c 274 S 8; 1997 c 250 S 7; 1997 c 239 S 4; 1997 c 220 S 120 (Referendum Bill No. 48, approved June 17, 1997); 1997 c 58 S 900; prior: 1996 c 305 S 2; 1996 c 253 S 302; 1996 c 191 S 88; 1996 c 80 S 1; 1995 c 267 S 6; prior: 1994 c 233 S 2; 1994 c 182 S 1; prior: 1993 c 360 S 2; 1993 c 320 S 9; 1993 c 280 S 35; prior 1992 c 139 S 5; 1992 c 71 S 12; 1991 c 301 S 13; 1991 c 87 S 13; 1991 c 23 S 10; 1991 c 1 S 1; 1990 2nd ex.s. C 1 S 1103; 1990 C 256 S 1; prior: 1989 1st ex.s. C 9 S 407; 1989 C 352 S 7; 1989 C 279 S 23; 1989 C 238 S 1; 1989 C 205 S 20; 1989 C 189 S 3; 1989 C 11 S 12; prior: 1987 C 411 S 10; 1987 C 404 S 1; 1987 C 370 S 16; 1987 C 337 S 1; 1987 C 107 S 2; prior: 1986 C 299 S 25; 1986 C 276 S 7; 1985 C 414 S 8; 1984 C 143 S 21; 1983 C 133 S 10; 1982 C 64 S 1, 1977 ex.s. C 314 S 13; 1975-'76 2nd ex.S. C 82 S 5; 1975 1st ex.s. C 294 S 17; 1973 C 1 S 31 (Initiative Measure No. .276, approved November 7,1972). Formerly RCW 42.17.310.] Notes: Expiration date -- 2006 c 302 99 9 and 11: See note following RCW 66.28.180. Expiration date -- 2006 c 75 9 2: "Section 2 of this act expires July 1, 2006." [2006 c 75 S 4.] Expiration date -- 2006 c 8 9 111: "Section 111 of this act expires July 1, 2006." [2006 c 8 S 404.J Expiration date -- Severability -- Effective dates -- 2003 1 st sp.s. c 26: See notes following RCW 43.135.045. Working group on veterans' records: "The protection from identity theft for veterans who choose to file their discharge papers with the county auditor is a matter of gravest concern. At the same time, the integrity of the public record of each county is a matter of utmost importance to the economic life of this state and to the right of each citizen to be secure in his or her ownership of real property and other rights and obligations of our citizens that rely upon the public record for their proof. Likewise the integrity of the public record is essential for the establishment of ancestral ties that may be of interest to this and future generations. While the public record as now kept by the county auditors is sufficient by itself for the accomplishment of these and many other public and private purposes, the proposed use of the public record for purposes that in their nature and intent are not public, so as to keep the veterans' discharge papers from disclosure to those of ill intent, causes concern among many segments of the population of this state. In order to voice these concerns effectively and thoroughly, a working group may be convened by the joint committee on veterans' and military affairs to develop a means to preserve the integrity of the public record while protecting those veterans from identity theft." [2002 c 224 S 1.J . . Effective date -- 2002 c 224 9 1: "Section 1 of this act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately [March 28, 2002J." [2002 c 224 S 4.J Findings -- Severability -- Effective dates -- 2002 c 205 99 2, 3, and 4: See notes following RCW 28A.320.125. http:// apps.] ego w a. gOY IR CWI defaul t. aspx? ci te=4 2.5 6&fu 11 =true 3/17/2009 Ll1apter 41.)0 KLW: YUbllc records act yage IV or j~ Finding -- 2001 c 98: "The legislature finds that public health and safety is promoted when the public has knowledge that enables them to make informed choices about their health and safety. Therefore, the legislature declares, as a matter of public policy, that the public has a right to information necessary to protect members of the public from harm caused by alleged hazards or threats to the public. The legislature also recognizes that the public disclosure of those portions of records containing specific and unique vulnerability assessments or specific and unique response plans, either of which is intended to prevent or mitigate criminal terrorist acts as defined in RCW 70.74.285, could have a substantial likelihood of threatening public safety. Therefore, the legislature declares, as a matter of public policy, that such specific and unique information should be protected from unnecessary disclosure." [2001 c 98 S 1.] . Findings -- Conflict with federal requirements -- Severability .- 2000 c 134: See notes following RCW 50.13.060. Effective date -- 1998 c 69: See note following RCW 28B.95.025. Effective date -- 1997 c 274: See note following RCW 41.05.021. Referendum -- Other legislation limited -- Legislators' personal intent not indicated -- Reimbursements for election -- Voters' pamphlet, election requirements -- 1997 c 220: See RCW 36.102.800 through 36.102.803. Part headings not law -- Severability --1997 c 220: See RCW 36.102.900 and 36.102.901. Short title -- Part headings, captions, table of contents not law -- Exemptions and waivers from federal law -- Conflict with federal requirements -- Severability -- 1997 c 58: See RCW 74.08A.900 through 74.0BA.904. Severability -- 1996 c 305: See note following RCW 28B.85.020. Findings -- Purpose -- Severability -- Part headings not law -- 1996 c 253: See notes following RCW 28B.1 09.01 O. Captions not law -- Severability -- Effective dates -- 1995 c 267: See notes following RCW 43.70.052. Effective date -- 1994 c 233: See note following RCW 70.123.075. . Effective date -- 1994 c 182: "This act shall take effect July 1, 1994." [1994 c 182 S 2.] Effective date -- 1993 c 360: See note following RCW 18.130.085. Effective date--Severability -- 1993 c 280: See RCW 43.330.902 and 43.330.903. Finding -- 1991 c 301: See note following RCW 10.99.020. Effective date -- 1991 c 87: See note following RCW 18.64.350. Effective dates --1990 2nd ex.s. c 1: See note following RCW 84.52.010. Severability --1990 2nd ex.s. c 1: See note following RCW 82.14.300. Effective date -- Severability --19891st ex.s. c 9: See RCW 43.70.910 and 43.70.920. Severability -- 1989 c 279: See RCW 43.163.901. Severability -- 1989 c 11: See note following RCW 9A.56.220. Severability -- 1987 c 411: See RCW 69.45.900. Severability -- Effective date --1986 c 299: See RCW 28C.10.900 and 28C.10.902. Severability --1986 c 276: See RCW 53.31.901. . Exemptions from public inspection http://apps.leg. wa.goY IRCWI defaul t.aspx? ci te=42. 56&full =true 3/17/2009 Ll1apter4L)b KLW: JJubllC recordS act IJage I J 01 -,L . accounting records of special inquiry judge: RCW 10.29.090. basic health plan records: RCW 70.47.150. bill drafting service of code reviser's office: RCW 1.08.027, 44.68.060. certificate submitted by individual with physical or mental disability seeking a driver's license: RCW 46.20.041. commercial fertilizers, sales reports: RCW 15.54.362. criminal records: Chapter 10.97 RCW. employer information: RCW 50.13.060. family and children's ombudsman: RCW 43.06A.050. legislative service center, information: RCW 44.68.060. medical quality assurance commission, reports required to be filed with: RCW 18.71.0195. organized crime advisory board files: RCW 10.29.030. investigative information: RCW 43.43.856. public transportation information: RCW 47.04.240. salary and fringe benefit survey information: RCW 41.06.160. 42.56.230 Personal information. The following personal information is exempt from public inspection and copying under this chapter: (1) Personal information in any files maintained for students in public schools, patients or clients of public institutions or public health agencies, or welfare recipients; (2) Personal information in files maintained for employees, appointees, or elected officials of any public agency to the extent that disclosure would violate their right to privacy; (3) Information required of any taxpayer in connection with the assessment or collection of any tax if the disclosure of the information to other persons would (a) be prohibited to such persons by RCW 84.08.210, 82.32.330, 84.40.020, or 84.40.340 or (b) violate the taxpayer's right to privacy or result in unfair competitive disadvantage to the taxpayer; . (4) Credit card numbers, debit card numbers, electronic check numbers, card expiration dates, or bank or other financial account numbers, except when disclosure is expressly required by or governed by other law; and (5) Documents and related materials and scanned images of documents and related materials used to prove identity, age, residential address, social security number, or other personal information required to apply for a driver's license or identicard. [2008 c 200 ~ 5; 2005 c 27 4 ~ 403.] 42.56.240 Investigative, law enforcement, and crime victims. The following investigative, law enforcement, and crime victim information is exempt from public inspection and copying under this chapter: (1) Specific intelligence information and specific investigative records compiled by investigative, law enforcement, and penology agencies, and state agencies vested with the responsibility to discipline members of any profession, the nondisclosure of which is essential to effective law enforcement or for the protection of any person's right to privacy; (2) Information revealing the identity of persons who are witnesses to or victims of crime or who file complaints with investigative, law enforcement, or penology agencies, other than the commission, if disclosure would endanger any person's life, physical safety, or property. If at the time a complaint is filed the complainant, victim, or witness indicates a desire for disclosure or nondisclosure, such desire shall govern. However, all complaints filed with the commission about any elected official or candidate for public office must be made in writing and signed by the complainant under oath; . (3) Any records of investigative reports prepared by any state, county, municipal, or other law enforcement agency pertaining to sex offenses contained in chapter 9A.44 RCW or sexually violent offenses as defined in RCW 71.09.020, which have been transferred to the Washington association of sheriffs and police chiefs for permanent electronic retention and retrieval pursuant to RCW 40.14.070(2)(b); http://apps.leg. wa.goY IRe WI defaul t.aspx? ci te=4 2.5 6&full=true 3/17/2009 cnapter 4L.)O l~CW: YUDIlC recoras act yage J L or j-4 (4) License applications under RCW 9.41.070; copies of license applications or information on the applications may be released to law enforcement or corrections agencies; (5) Information revealing the identity of child victims of sexual assault who are under age eighteen. Identifying information means the child victim's name, address, location, photograph, and in cases in which the child victim is a relative or stepchild of the alleged. perpetrator, identification of the relationship between the child and the alleged perpetrator; and (6) The statewide gang database referenced in RCW 43.43.762. [2008 c 276 S 202; 2005 c 274 S 404.] Notes: Severability -- Part headings, subheadings not law -- 2008 c 276: See notes following RCW 36.28A.200. 42.56.250 Employment and licensing. The following employment and licensing information is exempt from public inspection and copying under this chapter: (1) Test questions, scoring keys, and other examination data used to administer a license, employment. or academic examination; (2) All applications for public employment, including the names of applicants, resumes, and other related materials submitted with respect to an applicant; (3) The residential addresses, residential telephone numbers, personal wireless telephone numbers, personal electronic mail addresses, social security numbers, and emergency contact information of employees or volunteers of a public agency, and the names, dates of birth, residential addresses, residential telephone numbers, personal wireless telephone numbers, personal electronic mail addresses, social security numbers, and emergency contact information of dependents of employees or volunteers of a public agency that are held by any public agency in personnel records, public employment related records, or volunteer rosters, or are included in any mailing list of employees or volunteers of any public agency. For purposes of this subsection, "employees" . includes independent provider home care workers as defined in RCW 74.39A.240; (4) Information that identifies a person who, while an agency employee: (a) Seeks advice, under an informal process established by the employing agency, in order to ascertain his or her rights in connection with a possible unfair practice under chapter 49.60 RCW against the person; and (b) requests his or her identity or any identifying information not be disclosed; (5) Investigative records compiled by an employing agency conducting a current investigation of a possible unfair practice under chapter 49.60 RCW or of a possible violation of other federal, state, or local laws prohibiting discrimination in employment; and (6) Except as provided in RCW 47.64.220, salary and employee benefit information collected under RCW 47.64.220(1) and described in RCW 47.64.220(2). [2006 c 209 S 6; 2005 c 274 S 405.] 42.56.260 Real estate appraisals. Except as provided by chapter 8.26 RCW, the contents of real estate appraisals, made for or by any agency relative to the acquisition or sale of property, until the project or prospective sale is abandoned or until such time as all of the property has been acquired or the property to which the sale appraisal relates is sold, are exempt from disclosure under this chapter. In no event may disclosure be denied for more than three years after the appraisal. [2005 c 274 S 406.] . http://apps.leg.wa.gov/RCW/default.aspx?cite=42. 56&full=true 3/17/2009 Ll1apter 4L.)() KLW: PUblIC records act JJage I j ot jL 42.56.270 Financial, commercial, and proprietary information. The following financial, commercial, and proprietary information is exempt from disclosure under this chapter: . (1) Valuable formulae, designs, drawings, computer source code or object code, and research data obtained by any agency within five years of the request for disclosure when disclosure would produce private gain and public loss; (2) Financial information supplied by or on behalf of a person, firm, or corporation for the purpose of qualifying to submit a bid or proposal for (a) a ferry system construction or repair contract as required by RCW 47.60.680 through 47.60.750 or (b) highway construction or improvement as required by RCW 47.28.070; (3) Financial and commercial information and records supplied by private persons pertaining to export services provided under chapters 43.163 and 53.31 RCW, and by persons pertaining to export projects under RCW 43.23.035; (4) Financial and commercial information and records supplied by businesses or individuals during application for loans or program services provided by chapters 43.325, 43.163, 43.160, 43.330, and 43.168 RCW, or during application for economic development loansor program services provided by any local agency; (5) Financial information, business plans, examination reports, and any information produced or obtained in evaluating or examining a business and industrial development corporation organized or seeking certification under chapter 31.24 RCW; (6) Financial and commercial information supplied to the state investment board by any person when the information relates to the investment of public trust or retirement funds and when disclosure would result in loss to such funds or in private loss to the providers of this information; (7) Financial and valuable trade information under RCW 51.36.120; (8) Financial, commercial, operations, and technical and research information and data submitted to or obtained by the clean Washington center in applications for, or delivery of, program services under chapter 70.95H RCW; (9) Financial and commercial information requested by the public stadium authority from any person or organization that leases or uses the stadium and exhibition center as defined in RCW 36.102.010; . (10)(a) Financial information, including but not limited to account numbers and values, and other identification numbers supplied by or on behalf of a person, firm, corporation, limited liability company, partnership, or other entity related to an application for a horse racing license submitted pursuant to RCW 67.16.260(1 )(b), liquor license, gambling license, or lottery retail license; (b) Internal control documents, independent auditors' reports and financial statements, and supporting documents: (i) Of house- banked social card game licensees required by the gambling commission pursuant to rules adopted under chapter 9.46 RCW; or (ii) submitted by tribes with an approved tribal/state compact for class III gaming; (11) Proprietary data, trade secrets, or other information that relates to: (a) A vendor's unique methods of conducting business; (b) data unique to the product or services of the vendor; or (c) determining prices or rates to be charged for services, submitted by any vendor to the department of social and health services for purposes of the development, acquisition, or implementation of state purchased health care as defined in RCW 41.05.011; (12)(a) When supplied to and in the records of the department of community, trade, and economic development: (i) Financial and proprietary information collected from any person and provided to the department of community, trade, and economic development pursuant to RCW 43.330.050(8); and (ii) Financial or proprietary information collected from any person and provided to the department of community, trade, and economic development or the office of the governor in connection with the siting, recruitment, expansion, retention, or relocation of that person's business and until a siting decision is made, identifying information of any person supplying information under this subsection and the locations being considered for siting, relocation, or expansion of a business; (b) When developed by the department of community, trade, and economic development based on information as described in (a)(i) of this subsection, any work product is not exempt from disclosure; (c) For the purposes of this subsection, "siting decision" means the decision to acquire or not to acquire a site; (d) If there is no written contact for a period of sixty days to the department of community, trade, and economic development from a person connected with siting, recruitment, expansion, retention, or relocation of that person's business, information described . in (a)(ii) of this subsection will be available to the public under this chapter; (13) Financial and proprietary information submitted to or obtained by the department of ecology or the authority created under chapter 70.95N RCW to implement chapter 70.95N RCW; http:// apps.1 ego w a. go viR C Wid efa ul t. as px? ci te=4 2.5 6&full =true 3/J 7/2009 Ll1apter 4L.)b KLW: /JubllC records act IJage /4 01 j~ (14) Financial, commercial, operations, and technical and research information and data submitted to or obtained by the life sciences discovery fund authority in applications for, or delivery of, grants under chapter 43.350 RCW, to the extent that such information, if revealed, would reasonably be expected to result in private loss to the providers of this information; (15) Financial and commercial information provided as evidence to the department of licensing as required by RCW 19.112.110. or 19.112.120, except information disclosed in aggregate form that does not permit the identification of information related to individual fuel licensees; (16) Any production records, mineral assessments, and trade secrets submitted by a permit holder, mine operator, or landowner to the department of natural resources under RCW 78.44.085; (17)(a) Farm plans developed by conservation districts, unless permission to release the farm plan is granted by the landowner or operator who requested the plan, or the farm plan is used for the application or issuance of a permit; (b) Farm plans developed under chapter 90.48 RCW and not under the federal clean water act, 33 U.S.C. Sec. 1251 et seq., are subject to RCW 42.56.610 and 90.64.190; (18) Financial, commercial, operations, and technical and research information and data submitted to or obtained by a health sciences and services authority in applications for, or delivery of, grants under RCW 35.104.010 through 35.104.060, to the extent that such information, if revealed, would reasonably be expected to result in private loss to providers of this information; and (19) Information gathered under chapter 19.85 RCW or RCW 34.05.328 that can be identified to a particular business. [2008 c 306 S 1. Prior: 2007 c 470 S 2; (2007 c 470 S 1 expired June 30, 2008); 2007 c 251 S 13; (2007 c 251 S 12 expired June 30, 2008); 2007 c 197 S 4; (2007 c 197 S 3 expired June 30, 2008); prior: 2006 c 369 S 2; 2006 c 341 S 6; 2006 c 338 S 5; 2006 c 302 S 12; 2006 c 209 S 7; 2006 c 183 S 37; 2006 c 171 S 8; 2005 c 274 S 407.] Notes: Effective date -- 2008 c 306 ~ 1: "Section 1 of this act takes effect June 30, 2008." [2008 c 306 S 2.] Effective date -- 2007 c 470 ~ 2: "Section 2 of this act takes effect June 30, 2008." [2007 c 470 S 4.] Expiration date -- 2007 c 470 ~ 1: "Section 1 of this act expires June 30, 2008." [2007 c 470 S 3.] Effective date -- 2007 c 251 ~ 13: "Section 13 of this act takes effect June 30, 2008." [2007 c 251 S 18.] . Expiration date -- 2007 c 251 ~ 12: "Section 12 of this act expires June 30, 2008." [2007 c 251 S 17.] Captions not law -- Severability -- 2007 c 251: See notes following RCW 35.104.010. Effective date -- 2007 c 197 ~ 4: "Section 4 of this act takes effect June 30, 2008." [2007 c 197 S 11.] Expiration date -- 2007 c 197 ~ 3: "Section 3 of this act expires June 30, 2008." [2007 c 197 SiD.] Effective date -- 2006 c 369 ~ 2: "Section 2 of this act takes effect July 1,2006." [2006 c 369 S 3.] Effective date -- 2006 c 341 ~ 6: "Section 6 of this act takes effect July 1, 2006." [2006 c 341 S 7.] Findings -- Intent -- 2006 c 338: See note following RCW 19.112.110. Effective date -- Severability -- 2006 c 338: See RCW 19.112.903 and 19.112.904. Effective date -- 2006 c 302 ~~ 10 and 12: See note following RCW 66.28.180. Construction -- Severability -- Effective date -- 2006 c 183: See RCW 70.95N.900 through 70.95N.902. Effective date -- 2006 c 171 ~~ 8 and 10: "Sections 8 and 10 of this act take effect July 1, 2006." [2006 c 171 S 13.] Findings -- Severability -- 2006 c 171: See RCW 43.325.001 and 43.325.901. . http:// apps.l ego wa.goY IRCWI clefault.aspx? ci te=4 2. 56&full ""true 3/17/2009 U1apter 4L)b KLW: PUlJIIC records act Yage I) 01 j2 42.56.280 Preliminary drafts, notes, recommendations, intra-agency memorandums. Preliminary drafts, notes, recommendations, and intra-agency memorandums in which opinions are expressed or policies . formulated or recommended are exempt under this chapter, except that a specific record is not exempt when publicly cited by an agency in connection with any agency action. [2005 c 274 S 408.] 42.56.290 Agency party to controversy. Records that are relevant to a controversy to which an agency is a party but which records would not be available to another party under the rules of pretrial discovery for causes pending in the superior courts are exempt from disclosure under this chapter. [2005 c 274 S 409.] 42.56.300 Archaeological sites. (1) Records, maps, or other information identifying the location of archaeological sites in order to avoid the looting or depredation of such sites are exempt from disclosure under this chapter. . (2) Records, maps, and other information, acquired during watershed analysis pursuant to the forests and fish report under RCW 76.09.370, that identify the location of archaeological sites, historic sites, artifacts, or the sites of traditional religious, ceremonial, or social uses and activities of affected Indian tribes, are exempt from disclosure under this chapter in order to prevent the looting or depredation of such sites. [2006 c 86 S 1; 2005 c 274 S 410.] Notes: Effective date -- 2006 c 86: "This act takes effect July 1, 2006." [2006 c 86 S 2.] 42.56.310 Library records. Any library record, the primary purpose of which is to maintain control of library materials, or to gain access to information, that discloses or could be used to disclose the identity of a library user is exempt from disclosure under this chapter. [2005 c 274 S 411.] 42.56.320 Educational information. .The following educational information is exempt from disclosure under this chapter: (1) Financial disclosures filed by private vocational schools under chapters 28B.85 and 28C.1 0 RCW; http:// apps .leg. wa.goY /RCW / c1efau] t.aspx? ci te=42. 56&full=true 3/1 7/2009 Chapter 41..)6 KCW: PublIc recorejs act l'age I () or j1; (2) Financial and commercial information supplied by or on behalf of a person, firm, corporation, or entity under chapter 288.95 RCW relating to the purchase or sale of tuition units and contracts for the purchase of multiple tuition units; (3) Individually identifiable information received by the workforce training and education coordinating board for research or evaluation purposes; and . (4) Except for public records as defined in *RCW 40.14.040, any records or documents obtained by a state college, university, library, or archive through or concerning any gift, grant, conveyance, bequest, or devise, the terms of which restrict or regulate public access to those records or documents. . [2005 c 274 S 412.] Notes: *Reviser's note: A definition of "public records" is found in RCW 40.14.010. 42.56.330 Public utilities and transportation. The following information relating to public utilities and transportation is exempt from disclosure under this chapter: (1) Records filed with the utilities and transportation commission or attorney general under RCW 80.04.095 that a court has determined are confidential under RCW 80.04.095; (2) The residential addresses and residential telephone numbers of the customers of a public utility contained in the records or lists held by the public utility of which they are customers, except that this information may be released to the division of child support or the agency or firm providing child support enforcement for another state under Title IV-D of the federal social security act, for the establishment, enforcement, or modification of a support order; (3) The names, residential addresses, residential telephone numbers, and other individually identifiable records held by an agency in relation to a vanpool, carpool, or other ride-sharing program or service; however, these records may be disclosed to oth. persons who apply for ride-matching services and who need that information in order to identify potential riders or drivers with who to share rides; (4) The personally identifying information of current or former participants or applicants in a paratransit or other transit service operated for the benefit of persons with disabilities or elderly persons; (5) The personally identifying information of persons who acquire and use transit passes and other fare payment media including, but not limited to, stored value smart cards and magnetic strip cards, except that an agency may disclose this information to a person, employer, educational institution, or other entity that is responsible, in whole or in part, for payment of the cost of acquiring or using a transit pass or other fare payment media, or to the news media when reporting on public transportation or public safety. This information may also be disclosed at the agency's discretion to governmental agencies or groups concerned with public transportation or public safety; (6) Any information obtained by governmental agencies that is collected by the use of a motor carrier intelligent transportation system or any comparable information equipment attached to a truck, tractor, or trailer; however, the information may be given to other governmental agencies or the owners of the truck, tractor, or trailer from which the information is obtained. As used in this subsection, "motor carrier" has the same definition as provided in RCW 81.80.010; (7) The personally identifying information of persons who acquire and use transponders or other technology to facilitate payment of tolls. This information may be disclosed in aggregate form as long as the data does not contain any personally identifying information. For these purposes aggregate data may include the census tract of the account holder as long as any individual personally identifying information is not released. Personally identifying information may be released to law enforcement agencies only for toll enforcement purposes. Personally identifying information may be released to law enforcement agencies for other purposes only if the request is accompanied by a court order; and (8) The personally identifying information of persons who acquire and use a driver's license or identicard that includes a radio frequency identification chip or similar technology to facilitate border crossing. This information may be disclosed in aggregate form as long as the data does not contain any personally identifying information. Personally identifying information may be released to law enforcement agencies only for United States customs and border protection enforcement purposes. Personally identifying information may be released to law enforcement agencies for other purposes only if the request is accompanied by a court order. . [2008 c 200 S 6; 2007 c 197 S 5; 2006 c 209 S 8; 2005 c 274 S 413.] http://apps.leg. wa.gov/RCW Idefault.aspx?cite=42 .56&full=true 3/1 7/2009 . Chapter 41.56 KCW: PublIc records act Page 1/ ot J2 . 42.56.335 Public utility districts and municipally owned electrical utilities - Restrictions on access by law enforcement authorities. A law enforcement authority may not request inspection or copying of records of any person who belongs to a public utility district or a municipally owned electrical utility unless the authority provides the public utility district or municipally owned electrical utility with a written statement in which the authority states that it suspects that the particular person to whom the records pertain has committed a crime and the authority has a reasonable belief that the records could determine or help determine whether the suspicion might be true. Information obtained in violation of this section is inadmissible in any criminal proceeding. [2007 c 197 S 6.] 42.56.340 Timeshare, condominium, etc. owner lists. Membership lists or lists of members or owners of interests of units in timeshare projects, subdivisions, camping resorts, condominiums, land developments, or common-interest communities affiliated with such projects, regulated by the department of licensing, in the files or possession of the department are exempt from disclosure under this chapter. [2005 c 274 S 414.] . 42.56.350 Health professionals. (1) The federal Social Security number of individuals governed under chapter 18.130 RCW maintained in the files of the department of health is exempt from disclosure under this chapter. The exemption in this section does not apply to requests made directly to the department from federal, state, and local agencies of government, and national and state licensing, credentialing, investigatory, disciplinary, and examination organizations. (2) The current residential address and current residential telephone number of a health care provider governed under chapter 18.130 RCW maintained in the files of the department are exempt from disclosure under this chapter, if the provider requests that this information be withheld from public inspection and copying, and provides to the department of health an accurate alternate or business address and business telephone number. The current residential address and residential telephone number of a health care provider governed under RCW 18.130.040 maintained in the files of the department of health shall automatically be withheld from public inspection and copying unless the provider specifically requests the information be released, and except as provided for under RCW 42.56.070(9). [2005 c 274 S 415.] 42.56.360 Health care. (Effective until March 5, 2009.) (1) The following health care information is exempt from disclosure under this chapter: . (a) Information obtained by the board of pharmacy as provided in RCW 69.45.090; (b) Information obtained by the board of pharmacy or the department of health and its representatives as provided in RCW 69.41.044, 69.41.280, and 18.64.420; http://apps.l ego wa.goY IRCW I default.aspx? ci te=42 .56&ful1=true -3/1712009 Ulapter 42.)0 KCW: IJubhc records act jJage 1 ~ ot JL; (c) Information and documents created specificallyfor, and collected and maintained by a quality improvement committee under RCW 43.70.510 or 70.41.200, or by a peer review committee under RCW 4.24.250, or by a quality assurance committee pursuant to RCW 74.42.640 or 18.20.390, or by a hospital, as defined in RCW 43.70.056, for reporting of health care-associated infections under RCW 43.70.056, a notification of an incident under RCW 70.56.040(5), and reports regarding adverse events under RCW . 70.56.020(2)(b), regardless of which agency is in possession of the information and documents; (d)(i) Proprietary financial and commercial information that the submitting entity, with review by the department of health, specifically identifies at the time it is submitted and that is provided to or obtained by the department of health in connection with an application for, or the supervision of, an antitrust exemption sought by the submitting entity under RCW 43.72.310; (ii) If a request for such information is received, the submitting entity must be notified of the request. Within ten business days of receipt of the notice, the submitting entity shall provide a written statement of the continuing need for confidentiality, which shall be provided to the requester. Upon receipt of such notice, the department of health shall continue to treat information designated under this subsection (1 )(d) as exempt from disclosure; (iii) If the requester initiates an action to compel disclosure under this chapter, the submitting entity must be joined as a party to demonstrate the continuing need for confidentiality; (e) Records of the entity obtained in an action under RCW 18.71.300 through 18.71.340; (f) Except for published statistical compilations and reports relating to the infant mortality review studies that do not identify individual cases and sources of information, any records or documents obtained, prepared, or maintained by the local health department for the purposes of an infant mortality review conducted by the department of health under RCW 70.05.170; (g) Complaints filed under chapter 18.130 RCW after July 27, 1997, to the extent provided in RCW 18.130.095(1); and (h) Information obtained by the department of health under chapter 70.225 RCW. (2) Chapter 70.02 RCW applies to public inspection and copying of health care information of patients. [2008 c 136 S 4. Prior: 2007 c 261 S 4; 2007 c 259 S 49; prior: 2006 c 209 S 9; 2006 c 8 S 112; 2005 c 274 S 416.] Notes: Expiration date -- 2008 c 13694: "Section 4 of this act expires July 1, 2009." [2008 c 136 S 6.] . Findings -- 2007 c 261: See note following RCW 43.70.056. Severability -- Subheadings not law -- 2007 c 259: See notes following RCW 41.05.033. Effective date -- 2006 c 8 99 112 and 210: "Sections 112 and 210 of this act take effect July 1, 2006." [2006 c 8 S 405.] Findings -- Intent -- Part headings and subheadings not law -- Severability -- 2006 c 8: See notes following RCW 5.64.010. Basic health plan -- Confidentiality: RCW 70.47.150. 42.56.360 Health care. (Effective March 5,2009, until July 1, 2009.) (1) The following health care information is exempt from disclosure under this chapter: (a) Information obtained by the board of pharmacy as provided in RCW 69.45.090; (b) Information obtained by the board of pharmacy or the department of health and its representatives as provided in RCW 69.41.044, 69.41.280, and 18.64.420; (c) Information and documents created specifically for, and collected and maintained by a quality improvement committee under RCW 43.70.510 or 70.41.200, or by a peer review committee under RCW 4.24.250, or by a quality assurance committee pursuant to RCW 74.42.640 or 18.20.390, or by a hospital, as defined in RCW 43.70.056, for reporting of health care-associated infections under RCW 43.70.056, a notification of an incident under RCW 70.56.040(5), and reports regarding adverse events under RCW . 70.56.020(2)(b), regardless of which agency is in possession of the information and documents; (d)(i) Proprietary financial and commercial information that the submitting entity, with review by the department of health, specifically identifies at the time it is submitted and that is provided to or obtained by the department of health in connection with an http://apps.l ego wa.goY IRe WI c1efa ul t.aspx? ci te=4 2. 56&full=true 3/17/2009 \""napIer LfL.JO l~\"" w: ruollc recoros aCI rage 1':J U1 .)L. application for, or the supervision of, an antitrust exemption sought by the submitting entity under RCW 43.72.310; (ii) If a request for such information is received, the submitting entity must be notified of the request. Within ten business days of receipt of the notice, the submitting entity shall provide a written statement of the continuing need for confidentiality, which shall be . provided to the requester. Upon receipt of such notice, the department of health shall continue to treat information designated under this subsection (1 )(d) as exempt from disclosure; . (iii) If the requester initiates an action to compel disclosure under this chapter, the submitting entity must be joined as a party to demonstrate the continuing need for confidentiality; (e) Records of the entity obtained in an action under RCW 18.71.300 through 18.71.340; (f) Except for published statistical compilations and reports relating to the infant mortality review studies that do not identify individual cases and sources of information, any records or documents obtained, prepared, or maintained by the local health department for the purposes of an infant mortality review conducted by the department of health under RCW 70.05.170; (g) Complaints filed under chapter 18.130 RCW after July 27, 1997, to the extent provided in RCW 18.130.095(1); (h) Information obtained by the department of health under chapter 70.225 RCW; and (i) Information collected by the department of health under chapter 70.245 RCW except as provided in RCW 70.245.150. (2) Chapter 70.02 RCW applies to public inspection and copying of health care information of patients. [2009 c 1 s 23 (Initiative Measure No.1 000, approved November 4, 2008); 2008 c 136 S 4. Prior: 2007 c 261 S 4; 2007 c 259 S 49; prior: 2006 c 209 S 9; 2006 c 8 S 112; 2005 c 274 S 416.] Notes: Reviser's note: This section was amended by 2009 c 1 S 23 without cognizance of its amendment by 2008 c 136 S 4. All amendments are incorporated in the publication of this section pursuant to RCW 1.12.025(2). For rule of construction, see RCW 1.12.025(1). . Expiration date -- 2009 c 1 (Initiative Measure No.1 000): "Section 23 of this act expires July 1, 2009." [2009 c 1 S 31 (Initiative Measure No. 1000, approved November 4,2008).] Short title -- Severability -- Effective dates -- Captions, part headings, and subpart headings not law -- 2009 c 1 (Initiative Measure No. 1000): See RCW 70.245.901 through 70.245.904. Expiration date -- 2008 c 136 ~ 4: "Section 4 of this act expires July 1, 2009." [2008 c 136 S 6.] Findings -- 2007 c 261: See note following RCW 43.70.056. Severability -- Subheadings not law -- 2007 c 259: See notes following RCW 41.05.033. Effective date -- 2006 c 8 ~~ 112 and 210: "Sections 112 and 210 of this act take effect July 1, 2006." [2006 c 8 S 405.] Findings -- Intent -- Part headings and subheadings not law -- Severability -- 2006 c 8: See notes following RCW 5.64.010. Basic health plan -- Confidentiality: RCW 70.47.150. 42.56.360 Health care. (Effective July 1,2009.) (1) The following health care information is exempt from disclosure under this chapter: (a) Information obtained by the board of pharmacy as provided in RCW 69.45.090; (b) Information obtained by the board of pharmacy or the department of health and its representatives as provided in RCW . 69.41.044, 69.41.280, and 18.64.420; (c) Information and documents created specifically for, and collected and maintained by a quality improvement committee under RCW 43.70.510, 70.230.080, or 70.41.200, or by a peer review committee under RCW 4.24.250, or by a quality assurance committee pursuant to RCW 74.42.640 or 18.20.390, or by a hospital, as defined in RCW 43.70.056, for reporting of health care- http://apps.leg. wa.goY IRCW I det~lUl t.aspx ?ci te=4 2. 56&full =true 3/1 7/2009 Cl1apter 4L)b KC W: YUl)IIC recorc1s act Yage LU or j~ associated infections under RCW 43.70.056, a notification of an incident under RCW 70.56.040(5), and reports regarding adverse events under RCW 70.56.020(2)(b), regardless of which agency is in possession of the information and documents; (d) (i) Proprietary financial and commercial information that the submitting entity, with review by the department of health, specifically identifies at the time it is submitted and that is provided to or obtained by the department of health in connection with an. application for, or the supervision of, an antitrust exemption sought by the submitting entity under RCW 43.72.310; (ii) If a request for such information is received, the submitting entity must be notified of the request. Within ten business days of receipt of the notice, the submitting entity shall provide a written statement of the continuing need for confidentiality, which shall be provided to the requester. Upon receipt of such notice, the department of health shall continue to treat information designated under this subsection (1 )(d) as exempt from disclosure; (iii) If the requester initiates an action to compel disclosure under this chapter, the submitting entity must be joined as a party to demonstrate the continuing need for confidentiality; (e) Records of the entity obtained in an action under RCW 18.71.300 through 18.71.340; (f) Except for published statistical compilations and reports relating to the infant mortality review studies that do not identify individual cases and sources of information, any records or documents obtained, prepared, or maintained by the local health department for the purposes of an infant mortality review conducted by the department of health under RCW 70.05.170; (g) Complaints filed under chapter 18.130 RCW after July 27, 1997, to the extent provided in RCW 18.130.095(1); (h) Information obtained by the department of health under chapter 70.225 RCW; and (i) Information collected by the department of health under chapter 70.245 RCW except as provided in RCW 70.245.150. (2) Chapter 70.02 RCW applies to public inspection and copying of health care information of patients. [2009 c 1 S 24 (Initiative Measure No. 1000, approved November 4,2008); 2008 c 136 S 5. Prior: 2007 c 273 S 25; 2007 c 261 S 4; 2007 c 259 S 49; prior: 2006 c 209 S 9; 2006 c 8 S 112; 2005 c 274 S 416.] Notes: Reviser's note: This section was amended by 2009 cis 24 without cognizance of its amendment by 2008 c 136 S 5. All amendments are incorporated in the publication of this section pursuant to RCW 1.12.025(2). For rule of construction, see RCW. 1.12.025(1 ). Short title -- Severability -- Effective dates -- Captions, part headings, and subpart headings not law -- 2009 c 1 (Initiative Measure No.1 000): See RCW 70.245.901 through 70.245.904. Effective date -- 2008 c 136 ~ 5: "Section 5 of this act takes effect July 1, 2009." [2008 c 136 S 7.] Effective date -- Implementation -- 2007 c 273: See RCW 70.230.900 and 70.230.901. Findings -- 2007 c 261: See note following RCW 43.70.056. Severability -- Subheadings not law -- 2007 c 259: See notes following RCW 41.05.033. Effective date -- 2006 c 8 ~~ 112 and 210: "Sections 112 and 210 of this act take effect July 1, 2006." [2006 c 8 S 405.] Findings -- Intent -- Part headings and subheadings not law -- Severability -- 2006 c 8: See notes following RCW 5.64.010. Basic health plan -- Confidentiality: RCW 70.47.150. 42.56.370 Domestic violence program, rape crisis center clients. Client records maintained by an agency that is a domestic violence program as defined in RCW 70.123.020 or 70.123.075 or a rap. crisis center as defined in RCW 70.125.030 are exempt from disclosure under this chapter. http://apps.leg. wa. gOY IRCW I defau 1 t.aspx? ci te=42. 56& full=true 3/1 7/2009 . Lnapter Ll-L.)O KLW: YUOIlC recoras act yage LIar ')L [2005 c 274 S 417.] . 42.56.380 Agriculture and livestock. The following information relating to agriculture and livestock is exempt from disclosure under this chapter: (1) Business-related information under RCW 15.86.110; (2) Information provided under RCW 15.54.362; (3) Production or sales records required to determine assessment levels and actual assessment payments to commodity boards and commissions formed under chapters 15.24,15.26,15.28,15.44,15.65,15.66,15.74, 15.88, 15.100, 15.89, and 16.67 RCW or required by the department of agriculture to administer these chapters or the department's programs; (4) Consignment information contained on phytosanitary certificates issued by the department of agriculture under chapters 15.13, 15.49, and 15.17 RCW or federal phytosanitary certificates issued under 7 C.F.R. 353 through cooperative agreements with the animal and plant health inspection service, United States department of agriculture, or on applications for phytosanitary certification required by the department of agriculture; (5) Financial and commercial information and records supplied by persons (a) to the department of agriculture for the purpose of conducting a referendum for the potential establishment of a commodity board or commission; or (b) to the department of agriculture or commodity boards or commissions formed under chapter 15.24, 15.28, 15.44, 15.65, 15.66, 15.74, 15.88, 15.100, 15.89, or 16.67 RCW with respect to domestic or export marketing activities or individual producer's production information; (6) Except under RCW 15.19.080, information obtained regarding the purchases, sales, or production of an individual American ginseng grower or dealer; (7) Information that can be identified to a particular business and that is collected under RCW 15.17.140(2) and15.17.143 for . certificates of compliance; (8) Financial statements provided under RCW 16.65.030(1 )(d); (9) Information submitted by an individual or business for the purpose of participating in a state or national animal identification system. Disclosure to local, state, and federal officials is not public disclosure. This exemption does not affect the disclosure of information used in reportable animal health investigations under chapter 16.36 RCW once they are complete; and (10) Results of testing for animal diseases not required to be reported under chapter 16.36 RCW that is done at the request of the animal owner or his or her designee that can be identified to a particular business or individual. [2007 c 177 S 1. Prior: 2006 c 330 S 26; 2006 c 75 S 3; 2005 c 274 S 418.] Notes: Effective date -- 2006 c 330 9 26: "Section 26 of this act takes effect July 1, 2006." [2006 c 330 S 32.] Construction -- Severability -- 2006 c 330: See RCW 15.89.900 and 15.89.901. Effective date -- 2006 c 75 9 3: "Section 3 of this act takes effect July 1, 2006." [2006 c 75 S 5.] Findings -- 2006 c 75: "The legislature finds that livestock identification numbers, premise information, and animal movement data are proprietary information that all have a role in defining a livestock producer's position within the marketplace, including his or her competitive advantage over other producers. The legislature therefore finds that exempting certain voluntary livestock identification, premise, and movement information from state public disclosure requirements will foster an environment that is more conducive to voluntary participation, and lead to a more effective livestock identification system." [2006 c 75 S 1.] .42.56.390 Emergency or transitional housing. http:// apps.l ego wa.goY IRCW 1 default.aspx? ci te=42. 5 6&full=true 3/] 7/2009 Cllapter 42.)6 KCW: j-'ublIc records act Page n ot 34 Names of individuals residing in emergency or transitional housing that are furnished to the department of revenue or a county assessor in order to substantiate a claim for property tax exemption under RCW 84.36.043 are exempt from disclosure under this chapter. [2005 c 274 S 419.] . 42~56.400 Insurance and financial institutions. (Effective until July 1, 2009.) The following information relating to insurance and financial institutions is exempt from disclosure under this chapter: (1) Records maintained by the board of industrial insurance appeals that are related to appeals of crime victims' compensation claims filed with the board under RCW 7.68.110; (2) Information obtained and exempted or withheld from public inspection by the health care authority under RCW 41.05.026, whether retained by the authority, transferred to another state purchased health care program by the authority, or transferred by the authority to a technical review committee created to facilitate the development, acquisition, or implementation of state purchased health care under chapter 41.05 RCW; (3) The names and individual identification data of all viators regulated by the insurance commissioner under chapter 48.102 RCW; (4) Information provided under RCW 48.30A.045 through 48.30A.060; (5) Information provided under RCW 48.05.510 through 48.05.535,48.43.200 through 48.43.225, 48.44.530 through48.44.555 , and 48.46.600 through 48.46.625; (6) Examination reports and information obtained by the department of financial institutions from banks under RCW 30.04.075, from savings banks under RCW 32.04.220, from savings and loan associations under RCW 33.04.110, from credit unions under RCW 31.12.565, from check cashers and sellers under RCW 31.45.030(3), and from securities brokers and investment advisers under RCW 21.20.100, all of which is confidential and privileged information; . (7) Information provided to the insurance commissioner under RCW 48.11 0.040(3); (8) Documents, materials, or information obtained by the insurance commissioner under RCW 48.02.065, all of which are confidential and privileged; (9) Confidential proprietary and trade secret information provided to the commissioner under RCW 48.31C.020 through 48.31C.050 and 48.31C.070; (10) Data filed under RCW 48.140020,48.140.030,48.140.050, and 7.70.140 that, alone or in combination with any other data, may reveal the identity of a claimant, health care provider, health care facility, insuring entity, or self-insurer involved in a particular claim or a collection of claims. For the purposes of this subsection: (a) "Claimant" has the same meaning as in RCW 48.140.010(2). (b) "Health care facility" has the same meaning as in RCW 48.140.01 0(6). (c) "Health care provider" has the same meaning as in RCW 48.140.01 0(7). (d) "Insuring entity" has the same meaning as in RCW 48.140.010(8). (e) "Self-insurer" has the same meaning as in RCW 48.140.010(11); and (11) Documents, materials, or information obtained by the insurance commissioner under RCW 48.135.060; (12) Documents, materials, or information obtained by the insurance commissioner under RCW 48.37.060; (13) Confidential and privileged documents obtained or produced by the insurance commissioner and identified in RCW 48.37.080; and (14) Documents, materials, or information obtained by the insurance commissioner under RCW 48.37.140. . [2007 c 197 S 7; 2007 c 82 S 17. Prior: 2006 c 284 S 17; 2006 c 8 S 210; 2005 c 274 S 420.] http://apps.leg. wa.gov/RCW Idefault.aspx?cite=42.56&full=true 3/17/2009 Chapter 42.56 RCW: Public records act Page n ot :)2 Notes: Reviser's note: This section was amended by 2007 c 82 S 17 and by 2007 c 197 S 7, each without reference to the other. Both amendments are incorporated in the publication of this section under RCW 1.12.025(2). For rule of construction, see RCW 1.12.025(1 ). . Severability -- Effective date -- 2006 c 284: See RCW 48.135.900 and 48.135.901. Effective date -- 2006 c 8 99112 and 210: See note following RCW 42.56.360. Findings -- Intent -- Part headings and subheadings not law -- Severability -- 2006 c 8: See notes following RCW 5.64.010. 42.56.400 Insurance and financial institutions. (Effective July 1,2009.) The following information relating to insurance and financial institutions is exempt from disclosure under this chapter: (1) Records maintained by the board of industrial insurance appeals that are related to appeals of crime victims' compensation claims filed with the board under RCW 7.68.110; (2) Information obtained and exempted or withheld from public inspection by the health care authority under RCW 41.05.026, whether retained by the authority, transferred to another state purchased health care program by the authority, or transferred by the authority to a technical review committee created to facilitate the development, acquisition, or implementation of state purchased health care under chapter 41.05 RCW; (3) The names and individual identification data of all viators regulated by the insurance commissioner under chapter 48.102 RCW; (4) Information provided under RCW 48.30A.045 through 48.30A.060; (5) Information provided under RCW 48.05.510 through 48.05.535, 48.43.200 through 48.43.225, 48.44.530 through48.44.555 , . and 48.46.600 through 48.46.625; (6) Examination reports and information obtained by the department of financial institutions from banks under RCW 30.04.075, from savings banks under RCW 32.04.220, from savings and loan associations under RCW 33.04.110, from credit unions under RCW 31.12.565, from check cashers and sellers under RCW 31.45.030(3), and from securities brokers and investment advisers under RCW 21.20.100, all of which is confidential and privileged information; (7) Information provided to the insurance commissioner under RCW 48.110.040(3); (8) Documents, materials, or information obtained by the insurance commissioner under RCW 48.02.065, all of which are confidential and privileged; (9) Confidential proprietary and trade secret information provided to the commissioner under RCW 48.31 C.020 through 48.31 C.050 and 48.31 C.070; (10) Data filed under RCW 48.140.020,48.140.030,48.140.050, and 7.70.140 that, alone or in combination with any other data, may reveal the identity of a claimant, health care provider, health care facility, insuring entity, or self-insurer involved in a particular claim or a collection of claims. For the purposes of this subsection: (a) "Claimant" has the same meaning as in RCW 48.140.010(2). (b) "Health care facility" has the same meaning as in RCW 48.140.010(6). (c) "Health care provider" has the same meaning as in RCW 48.140.01 0(7). (d) "Insuring entity" has the same meaning as in RCW 48.140.010(8). (e) "Self-insurer" has the same meaning as in RCW 48.140.010(11); (11) Documents, materials, or information obtained by the insurance commissioner under RCW 48.135.060; . (12) Documents, materials, or information obtained by the insurance commissioner under RCW 48.37.060; (13) Confidential and privileged documents obtained or produced by the insurance commissioner and identified in RCW 48.37.080; http:// apps.leg. wa.gov/RCW 1 c\efau]t.aspx? ci te=42. 5 6& ful1=true 3/] 7/2009 Cl1apter 42.)6 KCW: PublIc records act Page 24 of 32 (14) Documents, materials, or information obtained by the insurance commissioner under RCW 48.37.140; and (15) Documents, materials, or information obtained by the insurance commissioner under RCW 48.17.595. [2007 c 197 S 7; 2007 c 117 S 36; 2007 c 82 S 17. Prior: 2006 c 284 S 17; 2006 c 8 S 210; 2005 c 274 S 420.] . Notes: Reviser's note: This section was amended by 2007 c 82 ~ 17,2007 c 117 ~ 36, and by 2007 c 197 ~ 7, each without reference to the other. All amendments are incorporated in the publication of this section under RCW 1.12.025(2). For rule of construction, see RCW 1.12.025(1). Severability -- Effective date -- 2007 c 117: See RCW 48.17.900 and 48.17.901. Severability -- Effective date -- 2006 c 284: See RCW 48.135.900 and 48.135.901. Effective date -- 2006 c 8 ~~ 112 and 210: See note following RCW 42.56.360. Findings -- Intent -- Part headings and subheadings not law -- Severability -- 2006 c 8: See notes following RCW 5.64.010. 42.56.403 Property and casualty insurance statements of actuarial opinion. Documents, materials, and information obtained by the insurance commissioner under RCW 48.05.385(2) are confidential and privileged and not subject to public disclosure under this chapter. [2006 c 25 S 3.] Notes: Short title -- 2006 c 25 ~~ 1-3: See note following RCW 48.05.383. . Effective date -- 2006 c 25 ~~ 1-4: See note following RCW 48.05.383. 42.56.410 Employment security department records, certain purposes. Records maintained by the employment security department and subject to chapter 50.13 RCW if provided to another individual or organization for operational, research, or evaluation purposes are exempt from disclosure under this chapter. [2005 c 274 S 421.] 42.56.420 Security. The following information relating to security is exempt from disclosure under this chapter: (1) Those portions of records assembled, prepared, or maintained to prevent, mitigate, or respond to criminal terrorist acts, which are acts that significantly disrupt the conduct of government or of the general civilian population of the state or the United . States and that manifest an extreme indifference to human life, the public disclosure of which would have a substantial likelihood of threatening public safety, consisting of: (a) Specific and unique vulnerability assessments or specific and unique response or deployment plans, including compiled http://apps.1 ego wa.goY IRCW 1 default. aspx? ci te=4 2.56& full=true 3/17/2009 L,napter LfL.JO KL, W: yuonc recoros act yage LJ or jL underlying data collected in preparation of or essential to the assessments, or to the response or deployment plans; and (b) Records not subject to public disclosure under federal law that are shared by federal or international agencies, and information prepared from national security briefings provided to state or local government officials related to domestic . preparedness for acts of terrorism; (2) Those portions of records containing specific and unique vulnerability assessments or specific and unique emergency and escape response plans at a city, county, or state adult or juvenile correctional facility, the public disclosure of which would have a substantial likelihood of threatening the security of a city, county, or state adult or juvenile correctional facility or any individual's safety; (3) Information compiled by school districts or schools in the development of their comprehensive safe school plans under RCW 28A.320.125, to the extent that they identify specific vulnerabilities of school districts and each individual school; (4) Information regarding the infrastructure and security of computer and telecommunications networks, consisting of security passwords, security access codes and programs, access codes for secure software applications, security and service recovery plans, security risk assessments, and security test results to the extent that they identify specific system vulnerabilities; and (5) The *security section of transportation system safety and security program plans required under RCW 35.21.228, 35A.21.300, 36.01.210, 36.57.120, 36.57A.170, and 81.112.180. [2005 c 274 S 422.] Notes: *Reviser's note: "Security section of transportation system safety and security program plans" was changed to "system security and emergency preparedness plan" by chapter 422, Laws of 2007. 42.56.430 Fish and wildlife. . The following information relating to fish and wildlife is exempt from disclosure under this chapter: (1) Commercial fishing catch data from logbooks required to be provided to the department of fish and wildlife under RCW 77.12.047, when the data identifies specific catch location, timing, or methodology and the release of which would result in unfair competitive disadvantage to the commercial fisher providing the catch data, however, this information may be released to government agencies concerned with the management of fish and wildlife resources; (2) Sensitive fish and wildlife data. Sensitive fish and wildlife data may be released to the following entities and their agents for fish, wildlife, land management purposes, or scientific research needs: Government agencies, public utilities, and accredited colleges and universities. Sensitive fish and wildlife data may be released to tribal governments. Sensitive fish and wildlife data may also be released to the owner, lessee, or right-of-way or easement holder of the private land to which the data pertains. The release of sensitive fish and wildlife data may be subject to a confidentiality agreement, except upon release of sensitive fish and wildlife data to the owner, lessee, or right-of-way or easement holder of private land who initially provided the data. Sensitive fish and wildlife data does not include data related to reports of predatory wildlife as specified in RCW 77 .12 .885. Sensitive fish and wildlife data must meet at least one of the following criteria of this subsection as applied by the department of fish and wildlife: (a) The nesting sites or specific locations of endangered species designated under RCW 77.12.020, or threatened or sensitive species classified by rule of the department of fish and wildlife; (b) Radio frequencies used in, or locational data generated by, telemetry studies; or (c) Other location data that could compromise the viability of a specific fish or wildlife population, and where at least one of the following criteria are met: (i) The species has a known commercial or black market value; (ii) There is a history of malicious take of that species and the species behavior or ecology renders it especially vulnerable; (iii) There is a known demand to visit, take, or disturb the species; or . (iv) The species has an extremely limited distribution and concentration; (3) The personally identifying information of persons who acquire recreational licenses under RCW 77.32.010 or commercial licenses under chapter 77.65 or 77.70 RCW, except name, address of contact used by the department, and type of license, endorsement, or tag; however, the department of fish and wildlife may disclose personally identifying information to: http:// apps.l ego wa.goY IR CW 1 clefaul t.aspx? cite=4 2. 56&fu ll=true 3/17/2009 Chapter 42.56 H.CW: J)ublic records act Page 26 of 32 (a) Government agencies concerned with the management of fish and wildlife resources; (b) The department of social and health services, child support division, and to the department of licensing in order to implement RCW 77.32.014 and 46.20.291; and . (c) Law enforcement agencies for the purpose of firearm possession enforcement under RCW 9.41.040; and (4) Information that the department of fish and wildlife has received or accessed but may not disclose due to confidentiality requirements in the Magnuson-Stevens fishery conservation and management reauthorization act of 2006 (16 U.S.C. Sec. 1861 (h) (3) and (i), and Sec. 1881a(b)). [2008 c 252 S 1; 2007 c 293 S 1; 2005 c 274 S 423.] 42.56.440 Veterans' discharge papers - Exceptions. (1) Discharge papers of a veteran of the armed forces of the United States filed at the office of the county auditor before July 1, 2002, that have not been commingled with other recorded documents are exempt from disclosure under this chapter. These records will be available only to the veteran, the veteran's next of kin, a deceased veteran's properly appointed personal representative or executor, a person holding that veteran's general power of attorney, or to anyone else designated in writing by that veteran to receive the records. (2) Discharge papers of a veteran of the armed forces of the United States filed at the office of the county auditor before July 1, 2002, that have been commingled with other records are exempt from disclosure under this chapter, if the veteran has recorded a. "request for exemption from public disclosure of discharge papers" with the county auditor. If such a request has been recorded, these records may be released only to the veteran filing the papers, the veteran's next of kin, a deceased veteran's properly appointed personal representative or executor, a person holding the veteran's general power of attorney, or anyone else designated in writing by the veteran to receive the records. (3) Discharge papers of a veteran filed at the office of the county auditor after June 30, 2002, are not public records, but will be available only to the veteran, the veteran's next of kin, a deceased veteran's properly appointed personal representative or executor, a person holding the veteran's general power of attorney, or anyone else designated in writing by the veteran to receive the records. . (4) For the purposes of this section, next of kin of deceased veterans have the same rights to full access to the record. Next of kin are the veteran's widow or widower who has not remarried, son, daughter, father, mother, brother, and sister. [2005 c 274 S 424.] 42.56.450 Check cashers and sellers licensing applications. Information in an application for licensing or a small loan endorsement under chapter 31.45 RCW regarding the personal residential address, telephone number of the applicant, or financial statement is exempt from disclosure under this chapter. [2005 c 274 S 425.] 42.56.460 Fireworks. . All records obtained and all reports produced as required by state fireworks law, chapter 70.77 RCW, are exempt from disclosure under this chapter. http:// apps.l ego wa.goY IRCW 1 default. aspx? cite=42. 56&full =true 3/17/2009 ~Jlapler 'tL..Jo K~ vv: rUOllC recurus aCl nlge L / U1 .JL [2005 c 274 S 426.] . 42.56.470 Correctional industries workers. All records, documents, data, and other materials obtained under the requirements of RCW 72.09.115 from an existing correctional industries class I work program participant or an applicant for a proposed new or expanded class I correctional industries work program are exempt from public disclosure under this chapter. [2005 c 274 S 427.] 42.56.480 Inactive programs. Information relating to the following programs and reports, which have no ongoing activity, is exempt from disclosure under this chapter: (1) Railroad company contracts filed prior to July 28, 1991, with the utilities and transportation commission under *RCW 81.34.070, except that the summaries of the contracts are open to public inspection and copying as otherwise provided by this chapter; (2) Personal information in files maintained in a database created under **RCW 43.07.360; and (3) Data collected by the department of social and health services for the reports required by section 8, chapter 231, Laws of .2003, except as compiled in the aggregate and reported to the senate and house of representatives. [2005 c 274 S 428.] Notes: Reviser's note: *(1) RCW 81.34.070 was repealed by 1991 c 49 S 1. **(2) RCW 43.07.360 expired December 31,2000, pursuant to 1996 c 253 S 502. 42.56.510 Duty to disclose or withhold information - Otherwise provided. Nothing in RCW 42.56.250 and 42.56.330 shall affect a positive duty of an agency to disclose or a positive duty to withhold information which duty to disclose or withhold is contained in any other law. [2005 c 274 S 287; 1991 c 23 S 11; 1990 c 256 S 2; 1987 c 404 S 3. Formerly RCW 42.17.311.J 42.56.520 Prompt responses required. . Responses to requests for public records shall be made promptly by agencies, the office of the secretary of the senate, and the office of the chief clerk of the house of representatives. Within five business days of receiving a public record request, an agency, the office of the secretary of the senate, or the office of the chief clerk of the house of representatives must respond by either (1) providing the record; (2) acknowledging that the agency, the office of the secretary of the senate, or the office of the chief clerk of http://apps.leg. wa.gov/RCW Idefault.aspx ?ci te=42.56&full=true 3/17/2009 Chapter 4L.)b KCW: YubllC recordS act Yage DS or jL. the house of representatives has received the request and providing a reasonable estimate of the time the agency, the office of the secretary of the senate, or the office of the chief clerk of the house of representatives will require to respond to the request; or (3) denying the public record request. Additional time required to respond to a request may be based upon the need to clarify the intent of the request, to locate and assemble the information requested, to notify third persons or agencies affected by the request, or to determine whether any of the information requested is exempt and that a denial should be made as to all or part of the request. In . acknowledging receipt of a public record request that is unclear, an agency, the office of the secretary of the senate, or the office 0 the chief clerk of the house of representatives may ask the requestor to clarify what information the requestor is seeking. If the requestor fails to clarify the request, the agency, the office of the secretary of the senate, or the office of the chief clerk of the house of representatives need not respond to it. Denials of requests must be accompanied by a written statement of the specific reasons therefor. Agencies, the office of the secretary of the senate, and the office of the chief clerk of the house of representatives shall establish mechanisms for the most prompt possible review of decisions denying inspection, and such review shall be deemed completed at the end of the second business day following the denial of inspection and shall constitute final agency action or final action by the office of the secretary of the senate or the office of the chief clerk of the house of representatives for the purposes of judicial review. [1995 c 397 S 15; 1992 c 139 S 6; 1975 1st ex.s. C 294 S 18; 1973 C 1 S 32 (Initiative Measure No. 276, approved November 7, 1972). Formerly RCW 42.17.320.] 42.56.530 Review of agency denial. . Whenever a state agency concludes that a public record is exempt from disclosure and denies a person opportunity to inspect or copy a public record for that reason, the person may request the attorney general to review the matter. The attorney general shall provide the person with his or her written opinion on whether the record is exempt. Nothing in this section shall be deemed to establish an attorney-client relationship between the attorney general and a person making a request under this section. [1992 C 139 S 10. FormerlyRCW 42.17.325.] . 42.56.540 Court protection of public records. The examination of any specific public record may be enjoined if, upon motion and affidavit by an agency or its representative or a person who is named in the record or to whom the record specifically pertains, the superior court for the county in which the movant resides or in which the record is maintained, finds that such examination would clearly not be in the public interest and would substantially and irreparably damage any person, or would substantially and irreparably damage vital governmental functions. An agency has the option of notifying persons named in the record or to whom a record specifically pertains, that release of a record has been requested. However, this option does not exist where the agency is required by law to provide such notice. [1992 C 139 S 7; 1975 1st ex.s. C 294 S 19; 1973 C 1 S 33 (Initiative Measure No. 276, approved November 7,1972). Formerly RCW 42.17.330.] 42.56.550 Judicial review of agency actions. (1) Upon the motion of any person having been denied an opportunity to inspect or copy a public record by an agency, the superior court in the county in which a record is maintained may require the responsible agency to show cause why it has refused to allow inspection or copying of a specific public record or class of records. The burden of proof shall be on the agency to establish that refusal to permit public inspection and copying is in accordance with a statute that exempts or prohibits disclosure in whole or in part of specific information or records. . (2) Upon the motion of any person who believes that an agency has not made a reasonable estimate of the time that the agency requires to respond to a public record request, the superior court in the county in which a record is maintained may require the http:// apps.l ego wa. gOY IRCW 1 defa 111 t.aspx? cite=4 2. 56&fllll =trlle 3/17/2009 L11apter 4L)b KCW: l.lubllC records act yage L'::J or jL responsible agency to show that the estimate it provided is reasonable. The burden of proof shall be on the agency to show that the estimate it provided is reasonable. (3) Judicial review of all agency actions taken or challenged under RCW 42.56.030 through 42.56.520 shall be de novo. Courts . shall take into account the policy of this chapter that free and open examination of public records is in the public interest, even though such examination may cause inconvenience or embarrassment to public officials or others. Courts may examine any record in camera in any proceeding brought under this section. The court may conduct a hearing based solely on affidavits. (4) Any person who prevails against an agency in any action in the courts seeking the right to inspect or copy any public record or the right to receive a response to a public record request within a reasonable amount of time shall be awarded all costs, including reasonable attorney fees, incurred in connection with such legal action. In addition, it shall be within the discretion of the court to award such person an amount not less than five dollars and not to exceed one hundred dollars for each day that he or she was denied the right to inspect or copy said public record. (5) For actions under this section against counties, the venue provisions of RCW 36.01.050 apply. (6) Actions under this section must be filed within one year of the agency's claim of exemption or the last production of a record on a partial or installment basis. [2005 c 483 S 5; 2005 c 274 S 288; 1992 c 139 S 8; 1987 c 403 S 5; 1975 1 sl ex.S. C 294 S 20; 1973 cis 34 (Initiative Measure No. 276, approved November 7,1972). Formerly RCW 42.17.340.] Notes: Reviser's note: This section was amended by 2005 c 274 S 288 and by 2005 c 483 S 5, each without reference to the other. Both amendments are incorporated in the publication of this section under RCW 1.12.025(2). For rule of construction, see RCW 1.12.025(1). Intent -- Severability -- 1987 c 403: See notes following RCW 42.56.050. 42.56.560 .APPlication of RCW 42.56.550. The procedures in RCW 42.56.550 govern denials of an opportunity to inspect or copy a public record by the office of the secretary of the senate or the office of the chief clerk of the house of representatives. [2005 c 274 S 289; 1995 c 397 s 16. Formerly RCW 42.17.341.] 42.56.570 Explanatory pamphlet. (1) The attorney general's office shall publish, and update when appropriate, a pamphlet, written in plain language, explaining this chapter. (2) The attorney general, by February 1, 2006, shall adopt by rule an advisory model rule for state and local agencies, as defined in RCW 42.56.010, addressing the following subjects: (a) Providing fullest assistance to requestors; (b) Fulfilling large requests in the most efficient manner; (c) Fulfilling requests for electronic records; and (d) Any other issues pertaining to public disclosure as determined by the attorney general. . (3) The attorney general, in his or her discretion, may from time to time revise the model rule. [2007 c 197 S 8. Prior: 2005 c 483 S 4; 2005 c 274 S 290; 1992 c 139 S 9. Formerly RCW 42.17.348.] http://apps.J ego wa.goY IRCW 1 defaul t.aspx? ci te=42. 56&fu I I=true 3/17/2009 LHapter LfL.)O KLW: YUDIlC recoras act Yage jU OT j4 42.56.580 Public records officers. . (1) Each state and local agency shall appoint and publicly identify a public records officer whose responsibility is to serve as a point of contact for members of the public in requesting disclosure of public records and to oversee the agency's compliance with the public records disclosure requirements of this chapter. A state or local agency's public records officer may appoint an employee or official of another agency as its public records officer. (2) For state agencies, the name and contact information of the agency's public records officer to whom members of the public may direct requests for disclosure of public records and who will oversee the agency's compliance with the public records disclosure requirements of this chapter shall be published in the state register at the time of designation and maintained thereafter on the code reviser web site for the duration of the designation. (3) For local agencies, the name and contact information of the agency's public records officer to whom members of the public may direct requests for disclosure of public records and who will oversee the agency's compliance within the public records disclosure requirements of this chapter shall be made in a way reasonably calculated to provide notice to the public, including posting at the local agency's place of business, posting on its internet site, or including in its publications. [2007 c 456 S 6; 2005 c 483 S 3. Formerly RCW 42.17.253.] 42.56.590 Personal information - Notice of security breaches. (1 )(a) Any agency that owns or licenses computerized data that includes personal information shall disclose any breach of the security of the system following discovery or notification of the breach in the security of the data to any resident of this state whose. un encrypted personal information was, or is reasonably believed to have been, acquired by an unauthorized person. The disclosur shall be made in the most expedient time possible and without unreasonable delay, consistent with the legitimate needs of law enforcement, as provided in subsection (3) of this section, or any measures necessary to determine the scope of the breach and restore the reasonable integrity of the data system. (b) For purposes of this section, "agency" means the same as in RCW 42.56.010. (2) Any agency that maintains computerized data that includes personal information that the agency does not own shall notify the owner or licensee of the information of any breach of the security of the data immediately following discovery, if the personal information was, or is reasonably believed to have been, acquired by an unauthorized person. (3) The notification required by this section may be delayed if a law enforcement agency determines that the notification will impede a criminal investigation. The notification required by this section shall be made after the law enforcement agency determines that it will not compromise the investigation. (4) For purposes of this section, "breach of the security of the system" means unauthorized acquisition of computerized data that compromises the security, confidentiality, or integrity of personal information maintained by the agency. Good faith acquisition of personal information by an employee or agent of the agency for the purposes of the agency is not a breach of the security of the system when the personal information is not used or subject to further unauthorized disclosure. (5) For purposes of this section, "personal information" means an individual's first name or first initial and last name in combination with anyone or more of the following data elements, when either the name or the data elements are not encrypted: (a) Social security number; (b) Driver's license number or Washington identification card number; or (c) Account number or credit or debit card number, in combination with any required security code, access code, or password that would permit access to an individual's financial account. (6) For purposes of this section, "personal information" does not include publicly available information that is lawfully made available to the general public from federal, state, or local government records. . (7) For purposes of this section and except under subsection (8) of this section, notice may be provided by one of the following http:// apps.l ego wa.goY /RCW / defaul t.aspx? ci te=42. 56&full=true 3/17/2009 J Lnapler "ILJO l~LW: l~UDlle reeoras ael rage -' 1 or -',L methods: (a) Written notice; . (b) Electronic notice, if the notice provided is consistent with the provisions regarding electronic records and signatures set forth in 15 U.S.C. Sec. 7001; or (c) Substitute notice, if the agency demonstrates that the cost of providing notice would exceed two hundred fifty thousand dollars, or that the affected class of subject persons to be notified exceeds five hundred thousand, or the agency does not have sufficient contact information. Substitute notice shall consist of all of the following: (i) E-mail notice when the agency has an e-mail address for the subject persons; (ii) Conspicuous posting of the notice on the agency's web site page, if the agency maintains one; and (iii) Notification to major statewide media. (8) An agency that maintains its own notification procedures as part of an information security policy for the treatment of personal , information and is otherwise consistent with the timing requirements of this section is in compliance with the notification . requirements of this section if it notifies subject persons in accordance with its policies in the event of a breach of security of the system. (9) Any waiver of the provisions of this section is contrary to public policy, and is void and unenforceable. (1 O)(a) Any customer injured by a violation of this section may institute a civil action to recover damages. (b) Any business that violates, proposes to violate, or has violated this section may be enjoined. (c) The rights and remedies available under this section are cumulative to each other and to any other rights and remedies available under law. (d) An agency shall not be required to disclose a technical breach of the security system that does not seem reasonably likely to subject customers to a risk of criminal activity. . [2007 C 197 S 9; 2005 C 368 S 1. Formerly RCW 42.17.31922.] Notes: Similar provision: RCW 19.255.010. 42.56.600 Mediation communications. Records of mediation communications that are privileged under chapter 7.07 RCW are exempt from disclosure under this chapter. [2006 C 209 S 15.] 42.56.610 Certain information from dairies and feedlots limited - Rules. The following information in plans, records, and reports obtained by state and local agencies from dairies, animal feeding operations, and concentrated animal feeding operations, not required to apply for a national pollutant discharge elimination system permit is disclosable only in ranges that provide meaningful information to the public while ensuring confidentiality of business information regarding: (1) Number of animals; (2) volume of livestock nutrients generated; (3) number of acres covered by the plan or used for land application of livestock nutrients; (4) livestock nutrients transferred to other persons; and (5) crop yields. The . department of agriculture shall adopt rules to implement this section in consultation with affected state and local agencies. [2005 c 510 S 5. Formerly RCW 42.17.31923.J http://apps.leg. wa.gov/RCW Idefault.aspx?eite=42.56&ful1=true 3/17/2009 \..-napler 'tL..JO K\..- VV: rUDllC recurus aCl rug\;; :JL- UJ :JL-, 42.56.900 Purpose - 2005 c 274 ~~ 402-429. . The purpose of sections 402 through 429 of this act is to reorganize the public inspection and copying exemptions in RCW 42.17.310 through 42.17.31921 by creating smaller, discrete code sections organized by subject matter. The legislature does not intend that this act effectuate any substantive change to any public inspection and copying exemption in the Revised Code of Washington. [2005 c 274 S 401.] 42.56.901 Part headings not law - 2005 c 274. Part headings used in this act are not any part of the law. [2005 c 274 S 501.] 42.56.902 Effective date - 2005 c 274. This act takes effect July 1, 2006. . [2005 c 274 S 502.] 42.56.903 Effective date - 2006 c 209. This act takes effect July 1, 2006. [2006 c 209 S 17.] 42.56.904 Intent - 2007 c 391. It is the intent of the legislature to clarify that no reasonable construction of chapter 42.56 RCW has ever allowed attorney invoices to be withheld in their entirety by any public entity in a request for documents under that chapter. It is further the intent of the legislature that specific descriptions of work performed be redacted only if they would reveal an attorney's mental impressions, actual legal advice, theories, or opinions, or are otherwise exempt under chapter 391, Laws of 2007 or other laws, with the burden upon the public entity to justify each redaction and narrowly construe any exception to full disclosure. The legislature intends to . clarify that the public's interest in open, accountable government includes an accounting of any expenditure of public resources, including through liability insurance, upon private legal counselor private consultants. [2007 c 391 S 1.] http:// apps.leg. wa.goY IRCW 1 defaul t.aspx? ci te=4 2. 56&full =true 3/17/2009 . . . FORr,ANGEtES WAS H [ N G TON, U. S. A. CITY COUNCIL MEMO DATE: March 17,2009 To: CITY COUNCIL FROM: KENT MYERS, CITY MANAGER SUBJECT: RESOLUTION OF INTENT-WILLIAM SHORE MEMORIAL POOL Summarv: The attached non-binding resolution of intent states the Council's position on how the pool operation and ownership will be handled by the Pool District if the election passes in May. Recommendation: It is recommended that the attached resolution regarding the future operation of the pool be approved. Backeround / Analvsis: During the past several months there have been a number of discussions about the future ownership and operation of the William Shore Memorial Pool. With the election scheduled in May, it is important that the City Council and County Commissioners state their position on how you would like to see the funding, ownership and operation of the pool to occur if voters approve the establishment of a Metropolitan Pool District. Over the past several weeks a draft resolution has been circulated to City and County officials, as well as members of the Save the Pool Committee. Earlier this week City and County officials met with members of the Committee to review and revise the draft. The previous draft was revised based upon comments made at this meeting. A similar resolution is scheduled to be considered by the County next week. The attached resolution is an effort to state your intent only and is not intended to bind the City to any future action. However, it will be helpful in conveying to the voters your position on several critical issues involving the future operation of the pool. This includes a maximum recommended tax rate and transfer of pool ownership. It also includes your position on how the pool operating schedule and future rates. Finally, it includes your position with regard to closing the pool if the election fails. It is important that the resolution, with any amendments made at the meeting, be adopted at this Council Meeting because the election ballots will be printed the following week. Infonnation in this resolution will also be included in a pool fact sheet that the city will complete by the end of March. F - 1 RESOLUTION NO. A RESOLUTION of the City Council of Port Angeles stating its intent for operation of the William Shore Memorial Pool District (WSMPD). WHEREAS, the City currently operates and maintains the William Shore Memorial Pool; and WHEREAS, due to lack of funds available for the purpose, the City cannot continue to operate and maintain the William Shore Memorial Pool; and WHEREAS, the City of Port Angeles and Clallam County have placed a proposition before the voters for the creation of the WSMPD within the boundaries of the Port Angeles School District No. 121 ; and WHEREAS, the WSMPD, if created, will operate and maintain the William Shore Memorial Pool; and WHEREAS, the WSMPD will levy a property tax to secure funds for the operation and maintenance of the pool; the exact amount of the tax levy necessary for the operation and maintenance of the pool cannot be known at this date, but the current calculations indicate the tax levy will not exceed $0.20 per $1000 of assessed valuation; and WHEREAS, the Commissioners of the WSMPD will be comprised of Port Angeles City Council members and Clallam County Commissioners, and as such they will guide and direct the actions and operation of the WSMPD; and -1- F-2 . . WHEREAS, the City has collaborated with the County in establishing guidelines for the operation of the WSMPD; and WHEREAS, the City Council wants to inform the voters of its intentions for guiding and directing the actions and operation ofthe WSMPD; NOW, THEREFORE, BE IT RESOLVED by the City OfPOli Angeles, that: 1. It is the intention of the City Council to insure a smooth transition of the pool facility and pool operations to the WSMPD. 2. It is the intention of the City Council to transfer to the WSMPD, with a reversion clause, the pool property, all associated pool equipment, and the pool parking area. The reversion clause will cause all the propeliy to revert to the City if the WSMPD ever ceases to operate on the property a swimming pool open to the public. It is the intention of the City Council that the WSMPD will set an initial tax rate not 3. to exceed $0.20 per $1000 of assessed valuation and to collect only the amount necessary for the operation and maintenance of the swimming pool. 4. It is the intention of the City Council that a Pool Advisory Board be established to give advice on the operation of the WSMPD. 5. It is the intention of the City Council that the WSMPD should operate the pool on a schedule similar to the CUlTent schedule and that the fees paid by all users of the pool should be uniform, without regard to residence. . -2- F-3 6. It is the intention of the City Council that, if the formation of the WSMPD is not approved, the pool will be closed no later than June 15,2009. PASSED by the City Council of the City of Port Angeles at a regular meeting of the Council held on the 17th day of March, 2009. Gary Braun, Mayor ATTEST: APPROVED AS TO FORM: Becky J. Upton, City Clerk William E. Bloor, City Attorney G:\Legal_ Backup\ORDINANCES&.RESOLlfT10NSIRESOLUTIONS.2009\7 - Pool Intentions.Dran.03!! 09 .wpd -3- F-4 . . . ~ORr.ANGELES . ..: .,--, WAS H I N G TON, U. S. A. CITY COUNCIL MEMO DATE: March 17, 2009 To: CITY COUNCIL FROM: Glenn A. Cutler, Director of Public Works & Utilities SUBJECT: Interagency Agreement For Performance-Based Contracting Amendment Summary: The proposed amendment to the Interagency Agreement would authorize staff to negotiate a proposal for the Conservation Voltage Reduction and City Hall Complex Energy Conservation projects with a perfonnance contractor. Another amendment to the Interagency Agreement would be sought later to authorize the projects to be implemented. Recommendation: Authorize the Public Works and Utilities Director to negotiate and sign two amendments to the Interagency Agreement for Performance Based Contracting; one for the Conservation Voltage Reduction project, and one for the City Hall Complex Energy Conservation project. Background/Analysis: On February 17,2009, City Council authorized the Public Works and Utilities Director to sign the Interagency Agreement for Performance Based Contracting with the State of Washington. This approach can be used to implement needed improvements to City facilities without capital outlay where the utility cost savings, BonneVIlle Power Administration conservation program incentives, and the conservation fund are used to pay all project costs. During the week of March 2,2009, staff interviewed several Washington State qualified performance contractors. The proposed amendments to the Interagency Agreement would authorize staff to negotiate proposals for the Conservation Voltage Reduction and City Hall Complex Energy Conservation projects with a performance contractor. As part of each project proposal, the performance contractor is required to guarantee the maximum cost and minimum utility cost savings. In the event the City does not proceed with the proposal, a tennination fee could apply. On March 10, 2009, the Utility Advisory Committee forwarded a favorable recommendation to City Council to authorize the Public Works and Utilities Director to negotiate and sign two amendments to the Interagency Agreement for Performance Based Contracting for proposals for the Conservation Voltage Reduction and City Hall Complex Energy Conservation projects. Staff will return to the Utility Advisory Committee and City Council after each proposal is received to consider two additional amendments to the interagency agreement that would authorize each project to be implemented. N:\CCOUNCILlFINALllnteragcncy Agreement for Perfonnance Based Contracting Amendment.doc G-1 . . . ~ORT.ANGELES WAS H I N G TON, U. S. A. CITY COUNCIL MEMO DATE: March 17, 2009 To: CITY COUNCIL FROM: Glenn A. Cutler, Director of Public Works & Utilities SUBJECT: Network Needs Assessment and Public Safety Considerations Consultant Agreement Summary: The City advertised, received, and evaluated proposals for consulting services in support of the Network Needs Assessment and Public Safety Considerations projects. Columbia Telecommunications Corporation was ranked as providing the best overall qualifications, and their proposal was within the price range anticipated for the scope of work. Recommendation: Authorize the Mayor to sign a non-disclosure agreement and a consulting contract with Columbia Telecommunications Corporation in an amount not to exceed $52,000, and authorize the City Manager to make minor modifications to the agreement, if necessary. Background/Analysis: The City's 7-year Institutional Network (I-Net) Services Agreement with Capacity Provisioning, Inc. (CPI), will expire on September 6,2009. The I-Net is a fiber optic telecommunications network that is capable of carrying data, voice, and video applications. The 1- Net currently provides 100 megabit (MB) virtual local area network (VLAN) service to 35 City sites and a combination ofVLAN and Internet access services to over 200 businesses. The City uses the I-Net for its Sungard enterprise system, Internet access, file transfer, supervisory control and data acquisition (SCADA) systems for utilities, calendar, and electronic mail systems. This project includes a network and security needs assessment that will be considered during the renewal of the next I-Net Services Agreement with CPI. As part of the security needs assessment the consultant will be required to sign a non-disclosure agreement. A portion of the Data/V oice Equipment Replacement Project is proceeding, however, the remainder will be confirmed or altered after the combined project is completed. With the expiration of the agreement approaching, it is time to assess the City's current and future needs. The project will be completed in combination with the Public Safety Wireless Technology Plan, including an assessment of Police and Fire Department current and future wireless mobile data needs, and a realistic plan will be prepared for a future roadmap. Grant funding opportunities will also be identified. Both the Fire and Police Department anticipate an increasing reliance on technology in order to safely and effectively carry out their missions. N:ICCOUNClLIFINALlNetwork Needs Assessment and Public Safety Considerations.doc J - 1 Network Needs Assessment and Public Safety Considerations Consultant Agreement March 17,2009 Page 2 The City advertised a Request For Proposal (RFP) for consulting services on December 14,2008. A total of eight consulting proposals were received on February 13,2009 and were evaluated on February 17,2008. A technical committee comprised of representatives from each City department evaluated proposals and participated in interviews. The City's department directors reviewed and approved the technical committee's evaluation and recommendations. The evaluation focused on qualifications and prior performance, project understanding, resumes, availability, project management expertise, references, and work samples. The table below summarizes the initial RFP evaluation results, which are presented in alphabetical order by consultant name. An overall numeric score was calculated, which is provided in the last column of the table. The consultants receiving the three highest overall scores were selected for interviews. Network Security Public Safety Home Office Overall Score Consultant Consultant Consultant (Citv/State) (0 Low- 5 Hi~h) COMgroup Same Same Kirkland, W A 2.40 Columbia Tele- communications Corporation Same Same Kensington, MD 3.80 GVNW Public Safety Consulting ITBalance Systems Tualatin, OR 1.90 ID Consulting Solutions Same Same Boise, ID 1.60 Moss Northwest Moss Adams Adams Information Services Seattle, W A 3.90 RCC San Bernardino, Consultants Same Same CA 2.60 Sparling Same Same Seattle, W A 4.30 Stoops Consulting Same Coalfire Systems Marvsville, W A 2.00 The table below summarizes the RFP interview results. The last column of the table below contains the overall score given by the technical committee for the consultants that were interviewed on Februa 20,2009, which are in descendin rank order. Consultant Columbia Telecommunications Co oration S arlin Moss Adams Overall Score o Low- 5 Hi h 4.20 3.80 3.65 Columbia Telecommunications Corporation (CTC) and staff negotiated a $52,000 proposal, which is within the range anticipated for this project. The electric utility budget includes $30,000 for the Network Needs Assessment. The $22,000 expense for the Public Safety Consideration will be covered from available 2008 governmental capital improvement program funds. On March 10, 2009, the Utility Advisory Committee forwarded a favorable recommendation to City Council to proceed with the Network Needs Assessment and Public Safety Considerations project. J-2 . . . DATE: To: FROM: SUBJECT: ~ORT ANGELES ~~. ~o WAS H I N G TON, U. S. A. CITY COUNCIL MEMO March 17, 2009 CITY COUNCIL Glenn A. Cutler, Director of Public Works & Utilities Network Needs Assessment and Public Safety Considerations Consultant Agreement Summary: The City advertised, received, and evaluated proposals for consulting services in support ofthe Network Needs Assessment and Public Safety Considerations projects. Columbia Telecommunications Corporation was ranked as providing the best overall qualifications, and their proposal was within the price range anticipated for the scope of work. Recommendation: Authorize the Mayor to sign a non-disclosure agreement and a consulting contract with Columbia Telecommunications Corporation in an amount not to exceed $52,000, and authorize the City Manager to make minor modifications to the agreement, if necessary . Background/Analysis: The City's 7-year Institutional Network (I-Net) Services Agreement with Capacity Provisioning, Inc. (CPI), will expire on September 6,2009. The I-Net is a fiber optic telecommunications network that is capable of carrying data, voice, and video applications. The 1- Net currently provides 100 megabit (MB) virtual local area network (VLAN) service to 35 City sites and a combination of VLAN and Internet access services to over 200 businesses. The City uses the I-Net for its Sungard enterprise system, Internet access, file transfer, supervisory control and data acquisition (SCADA) systems for utilities, calendar, and electronic mail systems. This project includes a network and security needs assessment that will be considered during the renewal of the next I-Net Services Agreement with CPI. As part of the security needs assessment the consultant will be required to sign a non-disclosure agreement. A portion of the Data/Voice Equipment Replacement Project is proceeding, however, the remainder will be confirmed or altered after the combined project is completed. With the expiration ofthe agreement approaching, it is time to assess the City's current and futUre needs. The project will be completed in combination with the Public Safety Wireless Technology Plan, including an assessment of Police and Fire Department current and future wireless mobile data needs, and a realistic plan will be prepared for a future roadmap. Grant funding opportunities will also be identified. Both the Fire and Police Department anticipate an increasing reliance on technology in order to safely and effectively carry out their missions. N:\CCOUNCIL\DEPDIR\Network Needs Assessment and Public Safety Considemtions 2.doc 'Network Needs Assessment and Public Safety Considerations Consultant Agreement Man;:h p~ 2009 . Page 2 ' , The City advertised a Request For Proposal (RFP) for consulting services on December 14,2008. A total of eight consulting proposals were received on February 13,2009 and were evaluated on February 17,2008. A technical committee comprised of representatives from each City department evaluated proposals and participated in interviews. The City's department directors reviewed and approved the technical committee's evaluation and recommendations. The evaluation focused on qualifications and prior performance, project understanding, resumes, availability, project management expertise, references, and work samples. The table below summarizes the initial RFP evaluation results, which are presented in alphabetical order by consultant name. An overall numeric score was calculated, which is provided in the last column of the table. The consultants receiving the three highest overall scores were selected for interviews. Network Security Public Safety Home Office Overall Score Consultant Consultant Consultant (City/State) (0 Low- 5 High) COMgroup Same Same Kirkland, W A 2.40 Columbia Tele- communications Corporation Same Same Kensington, MD 3.80 GVNW Public Safety Consulting ITBalance Systems Tualatin, OR 1.90 ID Consulting Solutions Same Same Boise, ID 1.60 Moss Northwest Moss Adams Adams Information Services Seattle, W A 3.90 RCC San Bernardino, Consultants Same Same CA 2.60 Sparling Same Same Seattle, W A 4.30 Stoops Consulting Same Coalfire Systems Marysville, W A 2.00 The table below summarizes the RFP interview results. The last column of the table below contains the overall score given by the technical committee for the consultants that were interviewed on February 20,2009, which are in descending rank order. Overall Score Consultant (0 Low- 5 High) Columbia Telecommunications Corporation 4.20 Sparling 3.80 Moss Adams 3.65 Columbia Telecommunications Corporation (CTC) and staff negotiated a $52,000 proposal, which is within the range anticipated for this project. The electric utility budget includes $30,000 for the Network Needs Assessment. The $22,000 expense {.or the Publie Safety Consideration will be eovered from available 2008 governmental eapital improvement program funds. The Public Safety Consideration was a hi2h priority on the 2008-2014 Capital Facilities Plan list ($30.000) and staff requests to dedicate $22.000 from 2008 funds toward this project. On March 10,2009, the Utility Advisory Committee forwarded a favorable recommendation to City Council to proceed with the Network Needs Assessment and Public Safety Considerations project. . . . FORTANGELES WAS H [ N G TON, U. S. A. CITY COUNCIL MEMO DATE: March 17, 2009 To: CITY COUNCIL FROM: Glenn A. Cutler, Director of Public Works & Utilities SUBJECT: Amendment No.4 to Consultant Agreement for Phase 1 CSO Projects Summary: The detailed design of the Phase 1 Combined Sewer Overflow Projects began in April 2007. Now that access to the Rayonier site has been granted, the remaining design and permitting work can be resumed. Several unanticipated elements of work critical to the design effort have been identified, and an amendment to the Consultant Agreement is proposed. Recommendation: Authorize the Mayor to sign Amendment No.4 to the Consultant Agreement with Brown and Caldwell for Phase 1 CSO Projects in an amount not to exceed $1,150,000, which increases the maximum compensation under the agreement from $1,847,700 to $2,997,700. Background/Analysis: In April of2007, the scope of the detailed design effort for the Phase 1 Combined Sewer Overflow (CSO) Projects was solidified in Amendment No.2 to Consultant Agreement 06-01 with Brown and Caldwell. In February of2008, changes to the scope of the design were made that increased the Consultant Agreement by $102,000, as detailed in Amendment No.3. The City is under a Washington State Department of Ecology (DOE) Agreed Order to reduce CSO events. The Agreed Order stipulates that the work will be accomplished as detailed in the approved 2006 CSO Reduction Facilities Plan/General Sewer Plan (Plan), subsequently amended and approved in 2007. The schedule in the amended Plan requires the City to obtain ownership of the 5 million gallon (MG) Rayonier storage tank by December 31,2007, and complete construction of the Phase 1 CSO Project by January 31, 2011. The purchase of the storage tank, progress of the design, and pennitting of pipelines between the City's wastewater treatment plant (WWTP), the storage tank, and the two existing wastewater outfalls located on the site, have all been delayed. These delays will likely cause the City to be unable to meet the current construction deadline of January 31, 2011. The Agreed Order allows the City to request an extension to the schedule, which the City is in the process of doing as part of ongoing discussions with DOE. The current schedule is to restart the design on April 1 , 2009 and complete the design by September of201O in order to meet funding submittal deadlines for State Revolving Fund loans administered by DOE. J-3 Amendment No.4 to Consultant Agreement for Phase I CSO Projects March 17,2009 Page 2 Since March of2008, and as a result of the 60% design review and further site investigations related to pipeline routing on both City and Rayonier property, the alignment of the force mains across the Rayonier property has been changed. The advantages of the new alignment include avoidance of wetlands that are regulated by the Corps of Engineers, eliminating reconstruction of Alder and Ennis Streets, eliminating a sewer trestle across Ennis Creek, and minimizing excavation on the Rayonier site by laying the pipes on the surface encased in earthen berms that can be blended into the landscape. The pipes would be carried over Ennis Creek by a bridge located near the old railroad crossing, rather than by a pipe trestle further upstream. The Olympic Discovery Trail would be routed over the new bridge. A description of the proposed design work included in Amendment 4 is provided below. The cost of the proposed additional design work included in Amendment 4 is identified in Table 1. . Task 11 - Complete remaining CSO Phase 1 project design. Subtasks are further described in Table 1. . Task 12 - Septage receiving station. Design work to be authorized after the City acquires control of the Rayonier property. · Task 13 - Headworks screens. Existing screens scheduled to be replaced in 2010, and the design needs to be integrated with the new diversion structure at the WWTP headworks. . Task 14 - CSO flow monitoring, to prove NPDES Permit compliance after the project is built. The City's current flow monitoring system failed last October, when the vendor declared bankruptcy. The City is taking interim measures to meet permit requirements. A pennanent system connected to the SCADA system would be integrated with the WWTP control system, improve reliability, and be operated by existing staff. . Task 15 - WWTP monitoring, to support the 2013 NPDES Pelmit renewal application that must address the changes in plant operation that are part of the CSO project. Includes sampling modifications, data review and analysis. Table 1- Summar of Additional Desi n Work Task 11 - Com lete remainin CSO Phase 1 ro' ect desi n A. Finish design of pipes, vaults, WWTP improvements, and outfall connection. Also complete all pennits for the project. B. Bridge design C. Building design D. Funding assistance E. Outfall survey and sediment sampling for both outfalls, as required by DNR lease and NPDES ermit. Proposed Bud et $598,000 $250,000 $10,000 $32,000 Task 11 Subtotal $80,000 $970,000 $60,000 $25,000 $73,000 $22,000 $180,000 $1,150,000 Task 12 - Septage receiving station Task 13 - Headworks screens Task 14 - CSO flow monitoring Task 15 - WWTP monitorin Tasks 12-15 Subtotal Total, Tasks 11-15 J-4 . . . . . . Amendment No.4 to Consultant Agreement for Phase I CSO Projects March I 7, 2009 Page 3 Funds for most of the Task 11 design work are covered by the combination of four low interest loans secured from the Public Works Trust Fund, with a local match from the Wastewater Utility CSO reserves. It is requested that the City Council authorize the Mayor to sign Amendment No.4 to the Consultant Agreement with Brown and Caldwell for Phase 1 CSO Projects in an amount not to exceed $1,150,000, which increases the maximum compensation under the agreement from $1,847,700 to $2,997,700. A summary of the Phase 1 CSO Projects consulting tasks, approved budget, billings to date, and percent completion including Amendments 1-3 and proposed Amendment 4 are presented in Table 2. 2 fC h 4 Table -Summary 0 onsultin2: Tasks and Bud2ets t rou2h Amendment No. Approved Billings to Percent Consulting Tasks Bud2et Date ComDlete 1. Project Management $115,000 $139,817 122% 2. Survey and Base Mapping $110,600 $70,452 64% 3. Cultural Resources Consultation $23,000 $15,115 66% 4. Geotechnical Engineering $145,000 $62,629 43% 5. Permitting and Environmental $144,200 $94,440 65% 6. Design and Contract Documents $1,136,400 $877,709 77% 7. Bidding Assistance $35,300 $24,942 71% 8. Additional Alternatives $21,100 $22,564 107% 9. Plant Flow Management $109,100 $104,414 96% 10. Additional Cultural & Geotechnical $8,000 $143 2% Subtotals $1,847,700 $1,412,225 76% Remainder of approved design budget $435,475 Amendment 4 Proposed Tasks Proposed Funding Source Budget 11. Complete remaining CSO Phase 1 $970,000 PWTP loans & CSO reserves Projects design (98%); Wastewater Utility Operations Fund (2%) 12. Septage Receiving Station $60,000 Wastewater Utility Capital Proiect 13. Headworks Screen $25.000 Wastewater Utility Capital Proiect 14. CSO Flow Monitoring $73.000 PWTF loans & CSO reserves 15. WWTP Monitoring $22.000 2009 Wastewater Utility Operations Fund Amendment 4 Subtotal $1,150,000 Total Contract Amount $2,997,700 That portIOn of Task lIE that relates to the existing outfall will be paid from Wastewater Utility Operations budget for 2009 and 2010. J-5 J-6 . .. . . . DATE: To: FROM: SUBJECT: ELES WASHINGTON u. S . A CITY COUNCIL MEMO March 17,2009 CITY COUNCIL Glenn A. Cutler, Director of Public Works and Utilities Amendment No.6 to the 8th Street Bridge Replacements Construction Management Agreement, Project 02-15 Summary: The current not-to-exceed fee for the construction management support agreement with Exeltech is $2,012,410.00 (10% of construction cost). A number of unanticipated design, inspection, and project documentation requirements on the project require additional funding. Recommendation: Approve and authorize the Mayor to sign Amendment No.6 to the 8th Street Bridge Replacements Construction Management Agreement with Exeltech, Project 02-15. in the not-to-exceed amount of $148,400.00. Background/Analysis: Council approved the 8th Street Bridge Replacements construction management support in the amount of$2,012,410.00 (10% of the project's construction cost) on June 3, 2008 as part of Amendment No.5 to a consultant agreement with Exeltech, Inc. This is within the normal range of costs for construction management and special costs on projects of this size/complexity. Exeltech, Inc., is managing two large projects (Bridge Replacements and Gateway) out of the same local office. The savings from this joint effort have resulted in a reduction in overhead costs for both projects. Since the award of the contract, there have been a number of unanticipated design, inspection, and project documentation requirements on the project that require additional funding in the amount of $148,400. The additional funding is required due to the following: 1. 2. 3. 4. 5. 6. . Support documentation for the unforeseen hazardous material (petroleum contaminated soil) found on the site. The continued monitoring of the Stonn Water Pollution Prevention Plan (SWPPP), due to the new Stormwater NPDES requirements. Design, inspection, and documentation of the Tumwater Pier 1 modified footing, due to the unsuitable soil. Design, inspection, and documentation of re-routing the 8" water line on the west end of Tumwater. Design, inspection, and documentation of the SR 117 Drainage Revision. Due to weather delays, and several other events and unforeseen conditions, the length of this project will be approximately 2 Y2 months longer than was budgeted for. This caused the materials testing and project management to be done over a longer period of time, which directly impacts the budget for both. N:\CCOUNCIL\FINAL\Amendment No.6 to the Exeltech 8th Street Bridge Agreement.doc J-7 March 3, 2009 City Council Re: Amendment No.6 to Exeltech Agreement for 8th St Bridge Replacements Page 2 7. During the design phase, various design methods incorporate safety factors to account for uncertainties and random deviations in material strength, fabrication, construction, . durability, and loadings. Bridge Load Ratings are required by the Federal Highways Administration (FHWA) for all new bridges when they become part of the Washington State inventory of bridges. This load rating is used to detennine the usable live load capacity of a bridge. FUNDING ITEMS ESTIMATED COST Original Contract Amended Additional New Total Base CM $1,892,410.00 $1,892,410.00 $1,892,410.00 Directed Services $50,000.00 $50,000.00 $50,000.00 Hazardous Material $5,000.00 $5,000.00 SWPPP $33,000.00 $14,000.00 $47,000.00 Unsuitable Soil (Design & Inspection) ~ Tumwater Pier 1 $15,000.00 $3,000.00 $18,000.00 8" Waterline Reroute Design & Inspection $15,000.00 $3,000.00 $18,000.00 SR 117 Drainage Revisions $2,000.00 $8,000.00 $10,000.00 Additional Material Testing $54,000.00 $54,000.00 Additional 2 1/2 months project management $54,000.00 $54,000.00 Bridge Rating $12,400.00 $12,400.00 Totals $1,942,410.00 $2,012,410.00 $148,400.00 $2,160,810.00 Additional Requested Amount $148,400.00 . Exeltech, Inc., has been responsive and performed exceptionally in all phases of the project. City staff is confident in Exeltech's ability to continue to manage the project through successful completion. It is recommended that Council approve and authorize the Mayor to sign Amendment No.6 to the 8th Street Bridge Replacements Construction Management Agreement with Exeltech, Inc., Project 02-15, in the not-to-exceed amount of$148,400. This amount has already been budgeted within the contingency amount of $730,000 previously allocated to this project. . J-8 . . . CALL TO ORDER - REGULAR MEETING: ROLL CALL: PLEDGE OF ALLEGIANCE: PUBLIC CEREMONIES! PRESENT A TIONS: Martin Luther King, Jr., Essay Contest Recognitions Retirement Proclamation for Claudia Stromski PUBLIC COMMENT: CITY COUNCIL MEETING Port Angeles, Washington March 3, 2009 Mayor Braun called the regular meeting of the Port Angeles City Council to order at 6:00 p.m. Members Present: Mayor Braun, Deputy Mayor Wharton, and Councilmembers Di Guilio, Kidd, Perry, Rogers, and Williams. Members Absent: None. Staff Present: Manager Myers, Attorney Bloor, Clerk Upton, G..Cutler, T. Gallagher, D. McKeen, N. West, Y. Ziomkowski, T. Pierce, R. Bonine, S. Sperr, G. Roggenbuck, K. Miller, D. Morse, T. McCabe, H. Freilich, C. Stromski, M. Puntenney, C. Kochanek, C. Delikat, and S. Roberds. Public Present: M. Fritschler, N. Fritschler, T. Fritschler, S. Fritschler, O. Campbell, P. Gagnon, J. Michalczik, D. Schanfald, P. Lamoureux, E. Petersen, C. Berg, and S. Zenovic. All others present in the audience failed to sign the roster. The Pledge of Allegiance to the Flag was led by Councilmember Kidd. 1. Martin Luther King, Jr., Essay Contest Recognitions: Mayor Braun was joined by Port Angeles School District Superintendent Gary Cohn and Contest Coordinator Sandy Biasell in presenting certificates to the student winners of the School District's Martin Luther King, Jr., Essay Contest, as follows: Ellie Getchell, Emily Dodson, Jodi Cowin, Hannah Sanford, Ben Clark, Anton Kathol, Jaycee Caswell, Sofia Halverson, Michael Roggenbuck, Silas Isenberger, Raine Westfall, Lauren Rankin, Kelly MacIntosh-Ryan, Joshua Cook, Madeleine Fritschler, Della Rygaard, Mason Hargraves, Mitchel Spencer, Shianna Dankert, Erica Chapman, Robert Stephens, Jack Doryland, Devin Wyant, and Anna Tyndall. 2. Retirement Proclamation for Claudia Stromski: Mayor Braun read and presented a proclamation to Claudia Stromski, who is retiring as the Solid Waste Collection Supervisor after 21 years of service to the City. Public Works & Utilities Director Cutler presented Claudia with a plaque in honor of her service to the City. Darlene Schanfald, P. O. Box 2664, Sequim, representing the Olympic Environmental Council, referenced the License Agreement with Rayonier for the CSO tank, the amount of$l 00,000 having been spent on legal fees on the site, the amount of money to be spent in the future, and her opinion that the project won't meet Best Available Science. She felt the project would be a waste offunding, stafftime, and citizens' money to think about the acquisition, which will continue to put hazardous materials in the Sound. Ms. Schanfald expressed the hope that the Council wouldn't sign the contract with Rayonier. Councilmember Williams indicated there had been a software problem with the previous K - 1 - 1 CITY COUNCIL MEETING March 3, 2009 PUBLIC COMMENT: (Cont'd) PUBLIC CEREMONIES! PRESENTATIONS: (Cont'd) Clallam Business Incubator PUBLIC HEARINGS - QU ASI-JUDICIAL: Reserve at Valley Creek Ordinance No. 3359 document, something that has since been corrected. . Paul Lamoureux, 602 Whidby, recalled his previous suggestion regarding Rayonier, in that citizens can't afford it. He referenced an e-mail he sent to the Council stating that several agencies should be part of the Rayonier situation, and he questioned why the other agencies aren't involved in the Harbor-Works Development Authority. Regarding the Lodging Tax allocation, Mr. Lamoureux reiterated a previous suggestion to increase the tax by $2.00 and apply it to the Chamber and the Air Service. Dan Burdick, 915 E. loth Street, felt the City and Rayonier want to pursue the fastest and cheapest method for sewer, and as a citizen, he asked the City to invest in the best of treatment systems. He sought the involvement of DOE, appropriate agencies, and citizens. Marilyn Harbaugh, 312 W. 5th Street, expressed concern with having a tank to store sewer overflow, as it appeared there would have to be another choice made on the overflow. She expressed hope that a better solution would be offered. 4. Clallam Business Incubator: Jim Haguewood, Clallam Business Incubator Executive Director, complimented past leaders who were party to forming the Incubator, and he discussed entrepreneurship and localization during the current economy. He used PowerPoint slides to discuss how the Incubator relates to others in the State, which has a total of 53 incubators, 56% of which were sponsored by a local public entity. The Clallam Business Incubator has attracted over $2 million in public investment, $300,000 in foundation awards, and $60,000 in State incubator grants. Mr. Haguewood delineated proven strategies, indicating the CBI is becoming the home for entrepreneurs to network and receive the resources they need. He discussed long term goals wherein $1 of public incubator operating funds generate approximately $30 in local tax revenue upon graduation. An estimated 84% of incubator graduates stay in their communities, and 87% are still in business after five years. . Mr. Haguewood shared a list of Board members, explaining the composition and responding to a question in that the City Council does not have a representative on the Board. He discussed the Best Practice Start-Up Life Cycle, and stages of pre-launch through Year 5, indicating the program is currently in the Awareness Phase of Years 2 & 3. He reviewed key performance indicators, which are presented in a quarterly activity report to the City Council. Mr. Haguewood summarized the Entrepreneur Challenge, emphasizing the fact that Port Angeles is an area of emerging entrepreneurship, and the community must "grow its own." He reviewed in-depth the vetting process for potential clients, noting the goal is 51 firms, which equates to an 81 % occupancy. The CBI should graduate 3 per year with one failure per year. Discussion followed, and Mr. Haguewood responded to questions posed by the Council. He was thanked for the thorough presentation. 1. Reserve at Valley Creek: Community & Economic Development Director West summarized the preliminary approval of The Reserve at Valley Creek, the three phases, and the proposed approval of Phase I, wherein all conditions have been satisfied. Staff conducted an on-site inspection, and it meets all City standards. Attorney Bloor reminded the Council this is a quasi- judicial hearing, and any changes in status should be declared. Councilmembers Rogers and Williams indicated their status was unchanged, and Deputy Mayor Wharton indicated she is still aresident in the vicinity. Discussion followed, and a question was raised as to the time line on the remaining phases of the development. Steve Zenovic, 301 E. 6th Street, Project Engineer, indicated the developer has five years for completion. It is anticipated that Phase II will be completed next year, and the final K-2 . - 2 . . . PUBLIC HEARINGS - QU ASI-JUDICIAL: (Cont'd) Reserve at Valley Creek Ordinance No. 3359 (Cont'd) PUBLIC CEREMONIES/ PRESENT A nONS: Port Angeles Harbor- Works Development Authority LATE ITEMS TO BE PLACED ON THIS OR FUTURE AGENDAS: Break CITY COUNCIL MEETING March 3, 2009 phase will follow in 20 II. Staffresponded to questions posed by the Council regarding fire sprinkler requirements noted on the mylar so they are known to be a requirement of the subdivision, split rail fencing that must be maintained, the requirement that the developer remit funds toward traffic mitigation, and street improvements. Mayor Braun continued the public hearing at 7:33 p.m. There being no public testimony, the Mayor closed the public hearing at 7:33 p.m. and read the Ordinance by title, entitled ORDINANCE NO. 3359 AN ORDINANCE of the City of Port Angeles, Washington, approving Phase I of the Planned Residential Development known as The Reserve at Valley Creek PRD. Deputy Mayor Wharton moved to adopt the Ordinance as read by title. The motion was seconded by Councilmember Kidd and carried unanimously. 3. Port Angeles Harbor-Works Development Authority: Orville Campbell, President ofthe Port Angeles Harbor-Works Development Authority, presented a status report on the Authority's activities, indicating there are 19 applicants for the Executive Director position. A search firm has been engaged to seek more applicants, and the Board will meet on March 16th to short list the applicants. It is anticipated that a selection will be made by the end of the month. The Board is seeking to retain legal counsel to assist in establishing a successful working relationship with the Lower Elwha Tribe, and to assist in the process for a Purchase and Sale Agreement and negotiations with Rayonier on due diligence. A selection should be made by March 16th. Mr. Campbell indicated that, over the past couple of months, the Board has formulated a 2009 Work Plan, which will be finalized and presented to the City and Port in the near future. A subcommittee was authorized to meet with City and Port staff to assure the PDA is meeting the requirements for both entities. The Authority has taken steps to acquire a storefront office at 1115 E. Front Street within the next 10 days. It is expected that the Authority will enter into discussions with Rayonier towards the end of the month on the due diligence phase. The process of applying for grants is also part of the work plan for due diligence, a process that will likely last 12 months or longer. The Authority is working on a site development plan for the economic component, which is the least specific of end uses for the Rayonier site and will be necessary to define and refine the economic portion for incorporation into the cleanup plan. Mr. Campbell noted the Authority is developing a budget to support the work plan. Discussion followed regarding the executive director search, the interviewing body for the position, and whether there is City and Port representation in the interview process. Manager Myers indicated the Board has been working very hard, and he complimented the members on their efforts. He reported that staff met with the Board members in an effort to improve communications; similar meetings will be ongoing. He noted the support provided by Human Resources Manager Coons in the executive director search. There were no late items added to the agenda. Mayor Braun recessed the meeting for a break at 7:49 p.m. The meeting reconvened at 8:01 p.m. K-3 - 3 CITY COUNCIL MEETING March 3, 2009 PUBLIC HEARINGS - OTHER: Upper Golf Course Road Sanitary Sewer Connection Ordinance No. 3360 WORK SESSION: ORDINANCES NOT REQUIRING PUBLIC HEARINGS: Fund Closure Ordinance Ordinance No. 3361 1. Upper Golf Course Road Sanitary Sewer Connection: . Director Cutler advised the Council this would be the second reading of the Ordinance. Based on questions raised at the last meeting, he indicated a presentation would be made to clarify the proposed change to the connection fee. City Engineer Sperr used PowerPoint slides to summarize the two Ordinances passed in 1999 to recover the costs of the UUD, one of which was a one-time assessment on properties within the UUD boundary where it was assumed there would be a build out with one unit. Because of a rezone, the parcels became developable to more units. The second Ordinance was intended to recover other costs under an assumption related to 52 parcels south of the UUD. A charge of $7,101.36 was established and also applied to four parcels in the ULID that were assumed to have less development. Because there has been an expansion in the service area for connection to the sewer and the amount of potential connections, the charge of $1,964.20 is recommended for approval. Discussion followed, with Engineer Sperr and Attorney Bloor responding to questions. Attorney Bloor provided an in-depth explanation of the differences between the UUD Ordinance and the Ordinance establishing the sewer connection charge. Lengthy discussion followed. Mayor Braun continued the public hearing at 8:24 p.m. Marilyn Harbaugh, 312 W. 15th Street, addressed the stormwater problem, and the fact there will be more people connecting to the sewer. She felt it would make sense to continue with the previous assessment in the interest of generating more revenue that could be applied to storm water because of the increased density. Paul Lamoureux, 602 Whidby, spoke in support of the change ifit would ultimately result in the City recovering its original investment because of the increased density. There being no further testimony, Mayor Braun closed the public hearing at 8:30 p.m. Mayor Braun conducted a second reading of the Ordinance by title, entitled . ORDINANCE NO. 3360 AN ORDINANCE of the City of Port Angeles, Washington, revising Chapter 13. n of the Port Angeles Municipal Code relating to Upper Golf Course Road Sanitary Sewer Connection Charges. Councilmember Rogers moved to adopt the Ordinance as read by title. Councilmember Perry seconded the motion, and following further discussion, a vote was taken on the motion, which carried unanimously. None. 1. Fund Closure Ordinance: Finance Director Ziomkowski presented for the second reading the Fund Closure Ordinance that would formally close several City funds that are no longer being used. Mayor Braun conducted the second reading of the Ordinance by title, entitled ORDINANCE NO. 3361 AN ORDINANCE of the City Council of the City of Port Angeles, Washington, to close certain funds that are no longer used, and repealing Ordinance Nos. 256, 512, 534, 539, 802, 808, 852, 964, Sections 1 and 2 of 1116, 1120, 1157, 1158, 1203, 1551, 1626, Sections 5 and 6 of 1961,2060, 20n, 2075,2094,2203,2227,2252,2421, Sections 1 and 2 of2460, 2610, 2614,2890,2859,2060,964,1626,2874, and Sections 13 and 14 of2890, and amending Section 3 of Ordinance No. 2288. . K-4 - 4 . . . Fund Closure Ordinance Ordinance No. 3361 (Cont'd) RESOLUTIONS: OTHER CONSIDERA TIONS: License Agreement with Rayonier for CSO Tank Park Sponsorship Policy FINANCE: Consultant Selection for Street Overlay (Economic) Stimulus Package, Project 08-03 Lodging Tax Allocation CITY COUNCIL MEETING March 3, 2009 Councilmember Perry moved to adopt the Ordinance as read by title. The motion was seconded by Deputy Mayor Wharton and carried unanimously. None. 1. License Agreement with Rayonier for CSO Tank: Attorney Bloor provided follow-up to a number of questions that were raised at the last Council meeting on the proposed License Agreement with Rayonier for the CSO tank. He indicated that staff went back to Rayonier to make suggested changes in response to those questions, so a new draft of the License Agreement has been produced. One additional change related to formatting was incorporated this evening. Attorney Bloor pointed out that a number of the comments made were related to the tank, and he emphasized that this agreement does not secure the tank for the City. The agreement's only purpose is to allow the City onto the Rayonier property to complete engineering, design, and investigation to determine whether it wants the tank for the CSO project. Discussion ensued, and individual Councilmembers provided input in that this is a license agreement, not a purchase and sale agreement. It was pointed out that time is of the essence in view of the deadline placed on the City by the Department of Ecology, various alternatives have been researched, and the City is subject to a substantial daily fine if the deadline is not met. Also of note was the agreement language whereby nothing in the agreement is intended to transfer the Licensor's liability to the Licensee or to diminish the Licensor's liability. Councilmember Rogers moved to approve and authorize the Mayor to sign a License Agreement with Rayonier Properties, LLC. Councilmember Williams seconded the motion, which carried unanimously. 2. Park Sponsorship Policy: Director Cutler indicated the policy needed additional work, so it was pulled from the agenda. 1. Consultant Selection for Street Overlay (Economic) Stimulus Package, Project 08-03: Director Cutler presented information relative to the need for $12 million in street work. An allocation of approximately $310,000 from the stimulus funds is expected through Surface Transportation funding within the County, and the City identified two projects: Peabody, from 5th to 8th, and 5th Street, between Liberty and Ennis. Engineering firms have been interviewed for engineering services of the street overlay projects, as the projects must be "shovel ready" by June 1 st. It is recommended that staff be authorized to enter into an agreement with Exeltech of Olympia, W A. Discussion followed, and Director Cutler responded to questions raised, indicating that others may be unable to have contracts executed in a timely fashion, which may result in a reallocation of funds. Some may also opt out; because they may be unable to meet time frames or regulations. Councilmember Di Guillo moved to authorize the City Manager to sign an agreement with Exeltech Consulting for professional services in an amount not to exceed $25,000. The motion was seconded by Councilmember Kidd and carried unanimously. 2. Lodging Tax Allocation: Director West informed the Council that, at a meeting held on February 25,2009, the Lodging Tax Advisory Committee provided a favorable recommendation regarding the allocation of additional 2009 lodging tax funds for retention of air service to Port Angeles. In December, 2008, Kenmore Air approached several agencies indicating a need for additional funding in order to continue providing service to Port Angeles. K-5 - 5 CITY COUNCIL MEETING March 3, 2009 Lodging Tax Allocation (Cont'd) CONSENT AGENDA: CITY COUNCIL COMMITTEE REPORTS: INFORMATION: Kenmore has been a proven contributor to tourism in the area. Councilmember Rogers, Chair of the Lodging Tax Advisory Committee, provided further information on the discussion held at the committee meeting, indicating it is important to note there may be an approach to develop a marketing plan on the importance of the use of the airport and the ability to maintain passenger service. A further consideration is the need to have the airport remain open for continued FAA funding for airport infrastructure. Councilmember Rogers indicated all community stakeholders are stepping up to the plate in this regard. Discussion followed on the issue of lodging tax funding, as well as the importance of continued airport services. It was pointed out that Kenmore Air will be marketing Port Angeles, and that multiple committees are currently working on the coordination of overall transportation. . Following discussion, Councilmember Rogers moved to concur with the Lodging Tax Advisory Committee recommendation amending the allocation of lodging tax funds for the 2009 Budget and authorize staff to define a funding plan and proceed with a contract, subject to the approval of the City Council. Councilmember Williams seconded the motion, and following further discussion, a vote was taken on the motion, which carried unanimously. Following brief discussion related to the Expenditure Approval List, Councilmember Perry moved to accept the Consent Agenda, to include: I.) City Council Special Meeting Minutes of February 10,2009; City Council Meeting Minutes of February 17, 2009; 2.) Expenditure Approval List from 2/7/09 to 2/20/09 for $622,383.61; and 3.) Humane Society 2009 Agreement. Deputy Mayor Wharton seconded the motion, which carried 6 - 0, with Mayor Braun abstaining from the vote on the February 10,2009, City Council minutes due to his absence from the meeting. Councilmember Perry referenced an article concerning prisoners working at humane societies. Police Chief Gallagher responded that the Sheriff's Department provides prisoner services to the local Humane Society for maintenance work. . Manager Myers directed attention to the Information Agenda, stating the Police Department Annual Report has been placed on the website. A special election for the proposed Metropolitan Park District has been scheduled, and the City is preparing a fact sheet to answer common questions related to the Park District. It is expected that a resolution of intent for the election and a recommended tax rate will be submitted at the next Council meeting. The Save the Pool Committee has generated additional funding for Pool operations. A meeting was held on the matter of the Lincoln Park trees, something that continues to be of concern from the standpoint of future operations of the airport. Manager Myers indicated the Port is completing a GIS survey to identify the nature of the problem. The issue will likely come to the Council for consideration in May. Manager Myers congratulated Director Cutler on his recent appointment to the Board of the Washington Chapter of the American Public Works Association. Manager Myers will be meeting this week with the Acting Manager ofthe City ofSequim in the interest of furthering future partnerships. Deputy Mayor Wharton referenced the Chamber of Commerce meeting where a presentation was made regarding the State Wellness Program. Councilmember Rogers shared information related to the A WC Wellness Program in which the City has participated for many years. Manager Myers indicated he would ask Human Resources Manager Coons to prepare a report in that regard. . Mayor Braun announced the City had over 1,000 visitors over the President's Day K-6 - 6 . . . INFORMATION: (Cont'd) EXECUTIVE SESSION: ADJOURNMENT: CITY COUNCIL MEETING March 3, 2009 weekend for a basketball tournament. He congratulated the Recreation Department for its success. None. The meeting was adjourned at 9:27 p.m. . Gary Braun, Mayor - 7 Becky J. Upton, City Clerk K-7 Date: 3/11/2009 City of Port Angeles City Council Expenditure Report From: 2/21/2009 To: 3/6/2009 . Vendor Description Account Number Invoice Amount PORT ANGELES PLAT PORT ANGELES PLAT 001-0000-213.10-90 16.31 CLALLAM CNTY TREASURER CVCA TO CLALLAM CO TREAS 001-0000-229.40-00 359.37 CVCA TO CLALLAM CO TREAS 001-0000-229.40-00 322.93 Charles Gagnon SALES TAX REFUND 001-0000-237.30-00 16.80 Just Dolls of Washington VBCC DEPOSIT REFUND JUST 001-0000-239.10-00 50.00 Life Line Sreening VBCC DEPOSIT REFUND LIFE 001-0000-239.10-00 150.00 Susan Parr Travel VBCC DEPOSIT REFUND SUSAN 001-0000-239.10-00 150.00 SMITH PUBLISHERS LLC, M LEE WA EMPL SUBSCRIPTION 001-0000-237.00-00 -24.95 WASHINGTON STATE TREASURER JAN BUILDING SURCHARGES 001-0000- 229.10-00 99.00 FEB BUILDING SURCHARGE 001-0000-229.10-00 103.50 DIST CT REV TO ST TREA 001-0000-229.30-00 17,180.26 DIST CT REV TO ST TREASUR 001-0000-229.30-00 16,543.84 Division Total: $34,967.06 Department Total: $34,967.06 ADVANCED TRAVEL AWC Mtg-Kidd 001-1160-511.43-10 194.35 Legislative Mayor & Council Division Total: $194.35 Legislative Department Total: $194.35 AT&T BUSINESS SERVICE 2-13 ale 017 213-4468 001 001-1210-513.42-10 1.68 MAYFLOWER TRANSIT, LLC City Mgr Moving Expenses 001-1210-513.49-90 12,426.59 . QWEST 2-14 ale 3604570831558B 001-1210-513.42-10 1.13 2-14 ale 3604576684085B 001-1210-513.42-10 6.97 2-14 ale 3604571535571B 001-1210-513.42-10 2.68 2-14 ale 3604570411199B 001-1210-513.42-10 62.73 2-14 ale 3604570968343B 001-1210-513.42-10 2.27 2-23 ale 206T302306084B 001-1210-513.42-10 20.30 VERIZON WIRELESS 1-25 ale 671402094-00001 001-1210-513.42-10 110.15 REV #6531 & MOVE TO 001-1210-513.42-10 -110.15 MV VERIZON TO 001-1210-513.42-10 110.15 1-25 ale 671402094-00001 001-1210-513.42-10 60.25 City Manager Department City Manager Office Division Total: $12,694.75 FIRST FEDERAL SAVINGS & LOAN Employee Service Awards 001-1211-513.31-01 700.00 SWAIN'S GENERAL STORE INC Employee Service Awards 001-1211-513.31-01 2,050.00 Employee Service Awards 001-1211-513.31-01 -2,050.00 Employee Service Awards 001-1211-513.31-01 2,050.00 City Manager Department Customer Commitment Division Total: $2,750.00 AT&T BUSINESS SERVICE 2-13 ale 017 213-4468 001 001-1220-516.42-10 0.34 OLYMPIC STATIONERS INC PENS,HILlGHT,ROLODEX 001-1220-516.31-01 49.84 QWEST 2-14 ale 3604570831558B 001-1220-516.42-10 0.23 2-14 ale 3604576684085B 001-1220-516.42-10 1.39 2-14 ale 3604571535571 B 001-1220-516.42-10 0.54 2-14 ale 3604570411199B 001-1220-516.42-10 12.55 . 2-14 ale 3604570968343B 001-1220-516.42-10 0.45 K-8 Page 1 Date: 3/11/2009 City of Port Angeles City Council Expenditure Report . From: 2/21/2009 To: 3/6/2009 Vendor Description Account Number Invoice Amount QWEST 2-23 ale 206T302306084B 001-1220-516.42-10 4.06 SMITH PUBLISHERS LLC, M LEE WA EMPl SUBSCRIPTION 001-1220-516.49-01 321.95 VERIZON WIRELESS 1-25 ale 671402094-00001 001-1220-516.42-10 193.42 City Manager Department Human Resources Division Total: $584.77 AT&T BUSINESS SERVICE 2-13 ale 017 213-4468 001 001-1230-514.42-10 0.17 ARCHIVE IMAGING SERVICES MICROFilM IMAGING 001-1230-514.41-50 481.48 OSOS REMAINING GRANT FUNDS 001-1230-514.41-50 3,540.04 QWEST 2-14 ale 3604570831558B 001-1230-514.42-10 0.11 2-14 ale 3604576684085B 001-1230-514.42-10 0.70 2-14 ale 3604571535571 B 001-1230-514.42-10 0.27 2-14 ale 3604570411199B 001-1230-514.42-10 6.27 2-14 ale 3604570968343B 001-1230-514.42-10 0.23 2-23 ale 206T302306084B 001-1230-514.42-10 2.03 City Manager Department City Clerk Division Total: $4,031.30 City Manager Department Department Total: $20,060.82 Dr. B. H. IWoodson REFUND ON PUB REC REQ 001-2001-341.69-00 2.00 Finance Department Finance Revenues Division Total: $2.00 ADVANCED TRAVEL PSFOA Class-RH/lK/KH/BH 001-2010-514.43-10 10.80 AT&T BUSINESS SERVICE 2-13 ale 017 213-4468 001 001-2010-514.42-10 1.18 . OLYMPIC STATIONERS INC BINDING COVERS & PENS 001-2010-514.31-01 22.29 QWEST 2-14 ale 3604570831558B 001-2010-514.42-10 0.79 2-14 ale 3604576684085B 001-2010-514.42-10 4.88 2-14 ale 3604571535571B 001-2010-514.42-10 1.88 2-14 ale 3604570411199B 001-2010-514.42-10 43.91 2-14 ale 3604570968343B 001-2010-514.42-10 1.59 2-23 ale 206T302306084B 001-2010-514.42-10 14.21 Finance Department Finance Administration Division Total: $101.53 ADVANCED TRAVEL PSFOA Class-RH/lK/KH/BH 001-2023-514.43-10 10.80 AT&T BUSINESS SERVICE 2-13 ale 017 213-4468 001 001-2023-514.42-10 1.51 GOVT FINANCE OFFCRS ASN 2009 8DGT AWRD 001-2023-514.41-50 525.00 HEWLETT-PACKARD COMPANY COMPUTERS,DP & WORD PROC. 001-2023-514.31-60 646.06 OLYMPIC STATIONERS INC CLEAR 81NDING COVERS 001-2023-514.31-01 58.88 QWEST 2-14 ale 36045708315588 001-2023-514.42-10 1.02 2-14 ale 36045766840858 001-2023-514.42-10 6.27 2-14 ale 36045715355718 001-2023-514.42-10 2.41 2-14 ale 36045704111998 001-2023-514.42-10 56.45 2-14 ale 36045709683438 001-2023-514.42-10 2.04 2-23 ale 206T3023060848 001-2023-514.42-10 18.27 Finance Department Accounting Division Total: $1,328.71 ACCURINT PERSON SEARCHES 001-2025-514.41-50 30.00 . ADVANCED TRAVEL PSFOA Class-RH/lK/KH/BH 001-2025-514.43-10 21.60 APEX CREDIT BUREAU CREDIT REPORT OLYMPIC COM 001-2025-514.41-50 27.10 K-9 Page 2 Date: 3/11/2009 City of Port Angeles City Council Expenditure Report From: 2/21/2009 To: 3/6/2009 . Vendor Description Account Number Invoice Amount AT&T BUSINESS SERVICE 2-13 ale 017213-4468001 001-2025-514.42-10 2.19 CED/CONSOLlDATED ELEC DIST INC SVC TRK TOOLS 001-2025-514.31-80 108.40 DATABARINCORPORATED CYCLES 1-5 2/5/09 001-2025-514.41-50 1,959.45 CYCLES 6-10 2/12/09 001-2025-514.41-50 1,901.73 CYCLES 11-15 2/19/09 001-2025-514.41-50 1,866.68 EQUIFAX CREDIT REPORTS 001-2025-514.41-50 63.97 GREAT AMERICA LEASING CORP FEB COPIER LEASE 001-2025-514.45-31 125.92 PORT ANGELES CHAMBER OF COMM 09 MKTG & MEDIA CAMPAIGN 001-2025-514.41-50 -14.00 PORT ANGELES CITY TREASURER Refreshments-Owen 001-2025-514.31-01 5.48 QWEST 2-14 ale 3604570831558B 001-2025-514.42-10 1.47 2-14 ale 3604576684085B 001-2025-514.42-10 9.05 2-14 ale 3604571535571 B 001-2025-514.42-10 3.49 2-14 ale 3604570411199B 001-2025-514.42-10 81.54 2-14 ale 3604570968343B 001-2025-514.42-10 2.95 2-23 ale 206T302306084B 001-2025-514.42-10 26.39 SWAIN'S GENERAL STORE INC REIMB BOOT ALLOWANCE 001-2025-514.31-11 129.97 REIMB BOOT ALLOWANCE 001-2025-514.31-11 -129.97 REIMB BOOT ALLOWANCE 001-2025-514.31-11 129.97 VERIZON WIRELESS 2-13 ale 271272753-00001 001-2025-514.42-10 70.40 . Finance Department Customer Service Division Total: $6,423.78 GREAT AMERICA LEASING CORP FEB COLOR COPIER LEASE 001-2080-514.45-31 268.55 FEB FAXICOPIER LEASE 001-2080-514.45-31 143.72 FEB LEASE MACH. 1/MAIL RM 001-2080-514.45-31 638.27 FEB LEASE MACH 2/COPY RM 001-2080-514.45-31 607.63 MORNINGSIDE FEB COPY RM SERVES 001-2080-514.41-50 855.00 OLYMPIC STATIONERS lNC COLOR COPY PAPER 001-2080-514.31-01 239.99 PORT ANGELES CITY TREASURER Postage-Cutler 001-2080-514.42-10 2.25 Finance Department Reprographics Division Total: $2,755.41 Finance Department Department Total: $10,611.43 AT&T BUSINESS SERVICE 2-13 ale 017 213-4468 001 001-3010-515.42-10 1.01 PORT ANGELES CITY TREASURER Dept Award-Greenwood 001-3010-515.49-90 50.00 QWEST 2-14 ale 3604570831558B 001-3010-515.42-10 0.68 2-14 ale 36045766840858 001-3010-515.42-10 4.18 2-14 ale 3604571535571 B 001-3010-515.42-10 1.61 2-14 ale 3604570411199B 001-3010-515.42-10 37.64 2-14 ale 3604570968343B 001-3010-515.42-10 1.36 2-23 ale 206T302306084B 001-3010-515.42-10 12.18 VERIZON WIRELESS 1-25 ale 671402094-00001 001-3010-515.42-10 98.10 REV #6531 & MOVE TO 001-3010-515.42-10 -98.10 MV VERIZON TO 001-3010-515.42-10 98.10 1-25 ale 671402094-00001 001-3010-515.42-10 119.72 . 1-25 ale 671402094-00001 001-3010-515.42-10 56.77 K -10 Page 3 Date: 3/11/2009 City of Port Angeles City Council Expenditure Report . From: 2/21/2009 To: 3/6/2009 Vendor Description Account Number Invoice Amount Attorney Attorney Office Division Total: $383.25 AT&T BUSINESS SERVICE 2-13 ale 017 213-4468 001 001-3021-515.42-10 0.67 CLALLAM JEFFERSON PUBLIC DFNDR Public Defender Fees 001-3021-515.41-50 2,750.00 QWEST 2-14 ale 36045708315588 001-3021-515.42-10 0.45 2-14 ale 36045766840858 001-3021-515.42-10 2.79 2-14 ale 36045715355718 001-3021-515.42-10 1.07 2-14 ale 36045704111998 001-3021-515.42-10 25.09 2-14 ale 36045709683438 001-3021-515.42-10 0.91 2-23 ale 206T3023060848 001-3021-515.42-10 8.12 Attorney Prosecution Division Total: $2,789.10 Attorney . Department Total: $3,172.35 AT&T BUSINESS SERVICE 2-13 ale 017 213-4468 001 001-4010-558.42-10 1.26 PENINSULA AWARDS & TROPHIES COMMISSIONER NAMEPLATE 001-4010-558.31-01 10.30 QWEST 2-14 ale 36045708315588 001-4010-558.42-10 0.85 2-14 ale 36045766840858 001-4010-558.42-10 5.22 2-14 ale 36045715355718 001-4010-558.42-10 2.01 2-14 ale 36045704111998 001-4010-558.42-10 47.04 2-14 ale 36045709683438 001-4010-558.42-10 1.70 . 2-23 ale 206T3023060848 001-4010-558.42-10 15.22 VERIZON WIRELESS 1-25 ale 671402094-00001 001-4010-558.42-10 88.29 Community Development Planning Division Total: $171.89 AT&T BUSINESS SERVICE 2-13 ale 017 213-4468 001 001-4020-524.42-10 0.44 GREAT AMERICA LEASING CORP FEB COPIER LEASE 001-4020-524.45-31 125.92 QWEST 2-14 ale 36045708315588 001-4020-524.42-10 0.29 2-14 ale 36045766840858 001-4020-524.42-10 1.81 2-14 ale 36045715355718 001-4020-524.42-10 0.70 2-14 ale 36045704111998 001-4020-524.42-10 16.31 2-14 ale 36045709683438 001-4020-524.42-10 0.59 2-23 ale 206T3023060848 001-4020-524.42-10 5.28 VERIZON WIRELESS 2-15 ale 264230412-00003 001-4020-524.42-10 41.33 2-15 ale 264230412-00003 001-4020-524.42-10 24.79 Community Development Building Division Total: $217.46 AT&T BUSINESS SERVICE 2-13 ale 017 213-4468 001 001-4030-559.42-10 0.07 QWEST 2-14 ale 36045708315588 001-4030-559.42-10 0.05 2-14 ale 36045766840858 001-4030-559.42-10 0.28 2-14 ale 36045715355718 001-4030-559.42-10 0.11 2-14 ale 36045704111998 001-4030-559.42-10 2.51 2-14 ale 36045709683438 001-4030-559.42-10 0.09 2-23 ale 206T3023060848 001-4030-559.42-10 0.81 VERIZON WIRELESS 2-15 ale 264230412-00003 001-4030-559.42-10 16.52 . Community Development Code Compliance Division Total: $20.44 Community Development Department Total: $409.79 K - 11 Page 4 Date: 3/11/2009 City of Port Angeles City Council Expenditure Report From: 2/21/2009 To: 3/6/2009 . Vendor Description Account Number Invoice Amount ADVANCED TRAVEL Recruiting-Smith 001-5010-521.43-10 36.50 AT&T BUSINESS SERVICE 2-13 ale 017 213-4468 001 001-5010-521.42-10 2.69 PORT ANGELES POLICE DEPARTMENT Petty Cash Overage 001-5010-369.81-00 -21.69 8atteries 001-5010-521.31-01 17.50 Postage 001-5010-521.42-10 5.94 QWEST 2-14 ale 36045708315588 001-5010-521.42-10 1.81 2-14 ale 36045766840858 001-5010-521.42-10 11.14 2-14 ale 3604571535571B 001-5010-521.42-10 4.29 2-14 ale 36045704111998 001-5010-521.42-10 100.36 2-14 ale 36045709683438 001-5010-521.42-10 3.63 2-23 ale 206T3023060848 001-5010-521.42-10 32.48 VERIZON WIRELESS 1-25 ale 671402094-00001 001-5010-521.42-10 320.82 REV #6531 & MOVE TO 001-5010-521.42-10 -320.82 MV VERIZON TO 001-5010-521.42-10 320.82 1-25 ale 671402094-00001 001-5010-521.42-10 183.24 Police Department Police Administration Division Total: $698.71 ADVANCED TRAVEL Investigation-Kueh 001-5021-521.43-10 0.60 Evidence Transport-KS 001-5021-521.43-10 52.00 Supervision Trng-Winfield 001-5021-521.43-10 320.00 . AT&T BUSINESS SERVICE 2-13 ale 017 213-4468 001 001-5021-521.42-10 1.68 PORT ANGELES POLICE DEPARTMENT 8ox/Materials 001-5021-521.31-01 10.84 Postage 001-5021-521.42-10 17.15 Postage 001-5021-521.42-10 13.20 QWEST 2-14 ale 36045708315588 001-5021-521.42-10 1.13 2-14 ale 36045766840858 001-5021-521.42-10 6.97 2-14 ale 36045715355718 001-5021-521.42-10 2.68 2-14 ale 36045704111998 001-5021-521.42-10 62.73 2-14 ale 36045709683438 001-5021-521.42-10 2.27 2-23 ale 206T3023060848 001-5021-521.42-10 20.30 VERIZON WIRELESS 1-25 ale 671402094-00001 001-5021-521.42-10 751.19 REV #6531 & MOVE TO 001-5021-521.42-10 -751.19 MV VERIZON TO 001-5021-521.42-10 751.19 1-25 ale 671402094-00001 001-5021-521.42-10 431.81 Police Department Investigation Division Total: $1,694.55 ADVANCED TRAVEL WSCJTC Trng-Dropp 001-5022-521.43-10 1,011.50 Int'! Conf-MeFall 001-5022-521.43-10 725.39 AT&T BUSINESS SERVICE 2-13 ale 017213-4468001 001-5022-521.42-10 4.71 Tri-Cities Crime Stoppers CRIME STOPPERS MTG. 001-5022-521.43-10 25.00 PORT ANGELES POLICE DEPARTMENT Tubo Flare repair 001-5022-521.20-80 11.50 Jiffy Cleaners 001-5022-521.20-80 26.02 Key 001-5022-521.31-01 20.05 . Postage 001-5022-521.42-10 31.56 K -12 Page 5 Date: 3/11/2009 City of Port Angeles City Council Expenditure Report . From: 2/21/2009 To: 3/6/2009 Vendor Description Account Number Invoice Amount PORT ANGELES POLICE DEPARTMENT Postage 001-5022-521.42-10 14.56 Postage 001-5022-521.42-10 13.37 Postage 001-5022-521.42-10 27.76 Postage 001-5022-521.42-10 14.56 QWEST 2-14 ale 3604570831558B 001-5022-521.42-10 3.17 2-14 ale 3604576684085B 001-5022-521.42-10 19.50 2-14 ale 3604571535571B 001-5022-521.42-10 7.51 2-14 ale 3604570411199B 001-5022-521.42-10 175.63 2-14 ale 3604570968343B 001-5022-521.42-10 6.34 2-23 ale 206T302306084B 001-5022-521.42-10 56.83 VERIZON WIRELESS 1-25 ale 671402094-00001 001-5022-521.42-10 2,206.59 REV #6531 & MOVE TO 001-5022-521.42-10 -2,206.59 MV VERIZON TO 001-5022-521.42-10 2,206.59 1-25 ale 671402094-00001 001-5022-521.42-10 1,235.92 Police Department Patrol Division Total: $5,637.47 PORT ANGELES POLICE DEPARTMENT Duplicate Key 001-5026-521.31-80 9.76 Police Department Reserves & Volunteers Division Total: $9.76 AT&T BUSINESS SERVICE 2-13 ale 017 213-4468 001 001-5029-521.42-10 1.68 QWEST 2-14 ale 3604570831558B 001-5029-521.42-10 1.13 . 2-14 ale 3604576684085B 001-5029-521.42-10 6.97 2-14 ale 3604571535571B 001-5029-521.42-10 2.68 2-14 ale 3604570411199B 001-5029-521.42-10 62.73 2-14 ale 3604570968343B 001-5029-521.42-10 2.27 2-23 ale 206T302306084B 001-5029-521.42-10 20.30 Police Department Records Division Total: $97.76 Police Department Department Total: $8,138.25 ADVANCED TRAVEL Workshop-Wheeler 001-6010-522.43-10 125.00 AT&T BUSINESS SERVICE 2-13 ale 017 213-4468 001 001-6010-522.42-10 2.36 2-13 ale 017 213-4468001 001-6010-522.42-11 0.67 GREAT AMERICA LEASING CORP FEB COPIER LEASE 001-601 0-522.45-31 213.03 OLYMPIC STATIONERS INC SUPPLIES 001-6010-522.31-01 35.12 PACIFIC OFFICE EQUIPMENT INC PRINTING EQUIP & SUPPLIES 001-6010-522.31-01 21.68 QWEST 2-14 ale 3604570831558B 001-6010-522.42-10 1.59 2-14 ale 3604576684085B 001-6010-522.42-10 9.75 2-14 ale 3604571535571 B 001-6010-522.42-10 3.75 2-14 ale 3604570411199B 001-6010-522.42-10 87.82 2-14 ale 3604570968343B 001-6010-522.42-10 3.17 2-23 ale 206T302306084B 001-6010-522.42-10 28.42 2-14 ale 3604570831558B 001-6010-522.42-11 0.45 2-14 ale 3604576684085B 001-6010-522.42-11 2.79 . 2-14 ale 3604571535571 B 001-6010-522.42-11 1.07 2-14 ale 3604570411199B 001-6010-522.42-11 25.09 K - 13 Page 6 Date: 3/11/2009 City of Port Angeles City Council Expenditure Report From: 2/21/2009 To: 3/6/2009 . Vendor Description Account Number Invoice Amount QWEST 2-14 ale 36045709683438 001-6010-522.42-11 0.91 2-23 ale 206T3023060848 001-6010-522.42-11 8.12 VERIZON WIRELESS 1-25 ale 671402094-00001 001-6010-522.42-10 105.57 REV #6531 & MOVE TO 001-6010-522.42-10 -105.57 MV VERIZON TO 001-6010-522.42-10 105.57 1-25 ale 671402094-00001 001-6010-522.42-10 56.77 Fire Department Fire Administration Division Total: $733.13 ADVANCED TRAVEL Training-Denton 001-6020-522.43-10 64.00 ANGELES MILLWORK & LUMBER CO Return 001-6020-522.31-01 -1.39 CRI881NG FOR LADDER 001-6020-522.31-01 62.40 AT&T BUSINESS SERVICE 2-13 ale 017 213-4468 001 001-6020-522.42-10 2.19 PACIFIC OFFICE EQUIPMENT INC ELECTRONIC COMPONENTS 001-6020-522.31-01 264.10 QWEST 2-14 ale 36045708315588 001-6020-522.42-10 1.47 2-14 ale 36045766840858 001-6020-522.42-10 9.05 2-14 ale 36045715355718 001-6020-522.42-10 3.49 2-14 ale 36045704111998 001-6020-522.42-1 0 81.54 2-14 ale 36045709683438 001-6020-522.42-10 2.95 2-23 ale 206T3023060848 001-6020-522.42-10 26.39 SEAWESTERN INC FOAM 001-6020-522.31-01 573.33 CLOTHING & APPAREL 001-6020-522.31-11 21.54 . SUNSET DO-IT BEST HARDWARE AUTO & TRUCK MAINT. ITEMS 001-6020-522.31-01 15.99 SWAIN'S GENERAL STORE INC AUTO & TRUCK MAINT.ITEMS 001-6020-522.31-11 11.30 AUTO & TRUCK MAl NT. ITEMS 001-6020-522.31-11 -11.30 AUTO & TRUCK MAl NT. ITEMS 001-6020-522.31-11 11.30 Fire Department Fire Supression Division Total: $1,138.35 AT&T BUSINESS SERVICE 2-13 ale 017 213-4468 001 001-6021-522.42-10 0.17 KARON'S FRAME CENTER SHADOW 80XES 001-6021-522.31-01 164.03 QWEST 2-14 ale 36045708315588 001-6021-522.42-10 0.11 2-14 ale 36045766840858 001-6021-522.42-10 0.70 2-14 ale 36045715355718 001-6021-522.42-10 0.27 2-14 ale 36045704111998 001-6021-522.42-10 6.27 2-14 ale 36045709683438 001-6021-522.42-10 0.23 2-23 ale 206T3023060848 001-6021-522.42-10 2.03 SEAWESTERN INC AUTO & TRUCK MAl NT. ITEMS 001-6021-522.31-11 893.40 Fire Department Fire Volunteers Division Total: $1,067.21 AT&T BUSINESS SERVICE 2-13 ale 017 213-4468 001 001-6030-522.42-10 0.34 QWEST 2-14 ale 36045708315588 001-6030-522.42-1 0 0.23 2-14 ale 36045766840858 001-6030-522.42-10 1.39 2-14 ale 36045715355718 001-6030-522.42-10 0.54 2-14 ale 36045704111998 001-6030-522.42-10 12.55 2-14 ale 36045709683438 001-6030-522.42-10 0.45 . 2-23 ale 206T3023060848 001-6030-522.42-10 4.06 K - 14 Page 7 Date: 3/11/2009 City of Port Angeles City Council Expenditure Report . From: 2/21/2009 To: 3/6/2009 Vendor Description Account Number Invoice Amount Fire Department Fire Prevention Division Total: $19.56 ADVANCED TRAVEL ITAC Clinic-Sanders 001-6040-522.43-10 411.90 AT&T BUSINESS SERVICE 2-13 ale 017 213-4468 001 001-6040-522.42-10 0.34 QUILL CORPORATION PAPER (OFFICE,PRINT SHOP) 001-6040-522.31-01 87.32 QWEST 2-14 ale 3604570831558B 001-6040-522.42-10 0.23 2-14 ale 3604576684085B 001-6040-522.42-10 1.39 2-14 ale 3604571535571B 001-6040-522.42-10 0.54 2-14 ale 3604570411199B 001-6040-522.42-10 12.55 2-14 ale 3604570968343B 001-6040-522.42-10 0.45 2-23 ale 206T302306084B 001-6040-522.42-10 4.06 SWAIN'S GENERAL STORE INC POLICE EQUIPMENT & SUPPLY 001-6040-522.31-01 18.95 POLICE EQUIPMENT & SUPPLY 001-6040-522.31-01 -18.95 POLICE EQUIPMENT & SUPPLY 001-6040-522.31-01 18.95 WA STATE PATROL FIRE OFFICER I 001-6040-522.43-10 450.00 WHEELER, CORAL ACLS CLASS 2/19/09 001-6040-522.43-10 85.24 ACLS CLASS LUNCH 2/19/09 001-6040-522.43-10 66.21 Fire Department Fire Training Division Total: $1,139.18 M & P GARAGE DOORS REPAIR 001-6050-522.48-10 395.06 . Mike Sanders REIMBURSE FOR SUPPLIES 001-6050-522.31-20 32.50 MRS CLEAN BUILDING MAINT&REPAIR SER 001-6050-522.41-50 395.00 BUILDING MAINT&REPAIR SER 001-6050-522.41-50 395.00 WHEELER, CORAL MISC SUPPLIES 001-6050-522.31-01 83.67 Fire Department Facilities Maintenance Division Total: $1,301.23 AT&T BUSINESS SERVICE 2-13 ale 017 213-4468 001 001-6060-525.42-10 1.51 QWEST 2-14 ale 3604570831558B 001-6060-525.42-10 1.02 2-14 ale 3604576684085B 001-6060-525.42-10 6.27 2-14 ale 3604571535571B 001-6060-525.42-10 2.41 2-14 ale 3604570411199B 001-6060-525.42-10 56.45 2-14 ale 36045709683436 001-6060-525.42-10 2.04 2-23 ale 20613023060846 001-6060-525.42-10 18.27 Fire Department Emergency Management Division Total: $87.97 Fire Department Department Total: $5,486.63 ADVANCED TRAVEL Bridge Inv Coding-Mahlum 001-7010-532.43-10 450.81 APWA Mtg-Puntenney 001-7010-532.43-10 200.55 Climate Chg Conf-Sperr 001-7010-532.43-10 398.45 AT&T BUSINESS SERVICE 2-13 ale 017 213-4468 001 001-7010-532.42-10 5.21 COMPLETE LINE, THE OFFICE SUPPLIES 001-7010-532.31-01 136.84 FAMILY SHOE STORE REDWING SAFETY BOOTS 001-7010-532.31-01 1,132.24 GREAT AMERICA LEASING CORP FEB COPIER LEASE/ENG. 001-7010-532.45-31 760.16 FEB COPIER LEASE 001-7010-532.45-31 65.02 . AASHTO BOOK/MANUAL 001-7010-532.31-01 204.75 APWA 2009 Spring Conference APWA SPRING CONF -K. NEAL 001-7010-532.43-10 400.00 K - 15 Page 8 Date: 3/11/2009 City of Port Angeles City Council Expenditure Report From: 2/21/2009 To: 3/6/2009 . Vendor Description Account Number Invoice Amount PORT ANGELES CITY TREASURER CEDC Mtg-Cutler 001-7010-532.31-01 8.50 QWEST 2-14 ale 36045708315588 001-7010-532.42-10 3.51 2-14 ale 36045766840858 001-7010-532.42-10 21.59 2-14 ale 36045715355718 001-7010-532.42-10 8.31 2-14 ale 36045704111998 001-7010-532.42-10 194.45 2-14 ale 36045709683438 001-7010-532.42-10 7.02 2-23 ale 206T3023060848 001-7010-532.42-10 62.92 RICK'S PLACE NETWORK NEEDS WORKING LUN 001-7010-532.31-01 49.80 UNITED RENTALS NORTHWEST INC VESTISAFETY HELMET 001-7010-532.35-01 123.50 UTILITIES UNDERGROUND LOC CTR JANUARY LOCATES 001-7010-532.41-50 37.20 WENGLER SURVEYING & MAPPING SUPPLIES 001-7010-532.48-02 1,200.00 Public Works-Gen Fnd Pub Wks Administration Division Total: $5,470.83 Public Works-Gen Fnd Department Total: $5,470.83 ASM SIGNS MISCELLANEOUS SERVICES 001-8010-574.41-50 569.10 AT&T BUSINESS SERVICE 2-13 ale 017213-4468001 001-8010-574.42-10 0.50 GREAT AMERICA LEASING CORP OFFICE MACHINES & ACCESS 001-8010-574.45-31 36.58 OLYMPIC STATIONERS INC PAPER (OFFICE, PRINT SHOP) 001-8010-574.31-01 10.84 QWEST 2-14 ale 36045708315588 001-8010-574.42-10 0.34 2-14 ale 36045766840858 001-8010-574.42-10 2.09 . 2-14 ale 36045715355718 001-8010-574.42-10 0.80 2-14 ale 36045704111998 001-8010-574.42-10 18.82 2-14 ale 36045709683438 001-8010-574.42-10 0.68 2-23 ale 206T3023060848 001-8010-574.42-10 6.09 VERIZON WIRELESS 2-22 ale 571136182-00005 001-8010-574.42-10 25.98 Parks & Recreation Parks Administration Division Total: $671.82 AT&T BUSINESS SERVICE 2-13 ale 017 213-4468 001 001-8012-555.42-10 0.50 GREAT AMERICA LEASING CORP OFFICE MACHINES & ACCESS 001-8012-555.45-31 33.77 FE8 COPIER LEASE 001-8012-555.45-31 171 .55 PORT ANGELES SENIOR GAMES Reimbursement-Sm Games 001-8012-369.90-00 2,586.61 PORT ANGELES SENIOR CENTER ADVERTISING 001-8012-555.44-10 330.83 QWEST 2-14 ale 36045770049478 001-8012-555.42-10 40.46 2-14 ale 36045708315588 001-8012-555.42-10 0.34 2-14 ale 36045766840858 001-8012-555.42-10 2.09 2-14 ale 36045715355718 001-8012-555.42-10 0.80 2-14 ale 36045704111998 001-8012-555.42-10 18.82 2-14 ale 36045709683438 001-8012-555.42-10 0.68 2-20 ale 206T2172274658 001-8012-555.42-10 57.46 2-23 ale 206T3023060848 001-8012-555.42-10 6.09 Parks & Recreation Senior Center Division Total: $3,250.00 AT&T BUSINESS SERVICE 2-13 ale 017 213-4468 001 001-8020-576.42-10 0.67 QWEST 2-14 ale 36045708315588 001-8020-576.42-10 0.45 . 2-14 ale 36045766840858 001-8020-576.42-10 2.79 K -16 Page 9 Date: 3/11/2009 City of Port Angeles City Council Expenditure Report . From: 2/21/2009 To: 3/6/2009 Vendor Description Account Number Invoice Amount QWEST 2-14 ale 36045715355718 001-8020-576.42-10 1.07 2-14 ale 36045704111998 001-8020-576.42-10 25.09 2-14 ale 36045709683438 001-8020-576.42-10 0.91 2-23 ale 206T3023060848 001-8020-576.42-10 8.12 Parks & Recreation William Shore Pool Division Total: $39.10 ANGELES MILLWORK & LUMBER CO ROAD/HWY MAT NONASPHAL TIC 001-8050-536.31-20 5.31 AT&T BUSINESS SERVICE 2-13 ale 017 213-4468 001 001-8050-536.42-10 0.34 Charles Gagnon MARKER SETTING FEE REFUND 001-8050-343.60-15 200.00 QUIRING MONUMENTS INC CEMETERY MARKERS 001-8050-536.34-01 30.00 QWEST 2-14 ale 36045708315588 001-8050-536.42-10 0.23 2-14 ale 36045766840858 001-8050-536.42-10 1.39 2-14 ale 3604571535571B 001-8050-536.42-10 0.54 2-14 ale 36045704111998 001-8050-536.42-10 12.55 2-14 ale 36045709683438 001-8050-536.42-10 0.45 2-23 ale 206T3023060848 001-8050-536.42-10 4.06 Parks & Recreation Ocean View Cemetery Division Total: $254.87 ADVANCED TRAVEL Reeert Trng-Breitbaeh 001-8080-576.43-10 180.30 Reeert Trng-Keohokalole 001-8080-576.43-10 180.30 ANGELES MILLWORK & LUMBER CO ROAD/HWY MAT NONASPHAL TIC 001-8080-576.31-20 10.62 . PAINTS,COA TINGS,WALLPAPER 001-8080-576.31-20 8.27 LUMBER& RELATED PRODUCTS 001-8080-576.31-20 14.21 LUMBER& RELATED PRODUCTS 001-8080-576.31-40 37.56 AT&T BUSINESS SERVICE 2-13 ale 017 213-4468 001 001-8080-576.42-10 1.68 CLOUD 9 SPORTS HAND TOOLS ,POW&NON POWER001-8080-576.35-01 447. 1 0 FAMILY SHOE STORE SHOES AND BOOTS 001-8080-576.31-01 1,363.53 PACIFIC OFFICE EQUIPMENT INC COMPUTER ACCESSORIES&SUPF001-8080-576.31-01 27.58 PARKER PAINT MFG CO INC PAINTS,COA TINGS,WALLPAPER 001-8080-576.31-20 40.98 PAINTS,COA TINGS,WALLPAPER 001-8080-576.31-20 207.14 PORT ANGELES CITY TREASURER Ribbon-Breitbach 001-8080-576.31-01 24.97 QWEST 2-14 ale 3604570831558B 001-8080-576.42-10 1.13 2-14 ale 3604576684085B 001-8080-576.42-10 6.97 2-14 ale 3604571535571B 001-8080-576.42-10 2.68 2-14 ale 3604570411199B 001-8080-576.42 -1 0 62.73 2-14 ale 3604570968343B 001-8080-576.42-10 2.27 2-23 ale 206T3023060848 001-8080-576.42-10 20.30 SANDERSON SAFETY SUPPLY CO CLOTHING & APPAREL 001-8080-576.31-01 22.76 SHIPPING AND HANDLING 001-8080-576.31-01 11.30 FIRST AID & SAFETY EQUIP. 001-8080-576.31-01 141.33 SUNSET DO-IT BEST HARDWARE BARRELS, DRUMS, KEGS, CTN 001-8080-576.31-20 233.98 HAND TOOLS ,POW&NON POWER001-8080-576.35-01 145.67 . SWAIN'S GENERAL STORE INC SPORTING & ATHLETIC EQUIP 001-8080-576.31-20 2,541.98 SUPPLIES 001-8080-576.31-20 7.96 K - 17 Page 10 Date: 3/11/2009 City of Port Angeles City Council Expenditure Report From: 2/21/2009 To: 3/6/2009 . Vendor Description Account Number Invoice Amount SWAIN'S GENERAL STORE INC HAND TOOLS ,POW&NON POWER001-8080-576.31-20 57.29 LAWN MAINTENANCE EQUIP 001-8080-576.31-20 48.35 SUPPLIES 001-8080-576.31-20 15.26 BRUSHES (NOT CLASSIFIED) 001-8080-576.31-20 17.80 LAWN MAINTENANCE EQUIP 001-8080-576.31-20 -48.35 LAWN MAINTENANCE EQUIP 001-8080-576.31-20 48.35 HAND TOOLS ,POW&NON POWER001-8080-576.31-20 -57.29 HAND TOOLS ,POW&NON POWER001-8080-576.31-20 57.29 SUPPLIES 001-8080-576.31-20 -15.26 SUPPLIES 001-8080-576.31-20 15.26 BRUSHES (NOT CLASSIFIED) 001-8080-576.31-20 -17.80 BRUSHES (NOT CLASSIFIED) 001-8080-576.31-20 17.80 SUPPLIES 001-8080-576.31-20 -7.96 HAND TOOLS ,POW&NON POWER001-8080-576.35-01 35.10 HAND TOOLS ,POW&NON POWER001-8080-576.35-01 -35.10 HAND TOOLS ,POW&NON POWER001-8080-576.35-01 35.10 THURMAN SUPPLY PIPE FITTINGS 001-8080-576.31-20 30.54 ELECTRICAL EQUIP & SUPPLY 001-8080-576.31-20 4.64 Parks & Recreation Park Facilities Division Total: $5,946.32 . Parks & Recreation Department Total: $10,162.11 AIR CONTROL INC SUPPLIES 001-8120-576.31-20 718.04 SHIPPING AND HANDLING 001-8120-576.31-20 57.50 PART WORKS INC, THE EQUIP MAINT & REPAIR SERV 001-8120-576.31-20 41 .45 SHIPPING AND HANDLING 001-8120-576.31-20 8.13 EQUIP MAINT & REPAIR SERV 001-8120-576.31-20 89.35 SUNSET DO-IT BEST HARDWARE TAPE(NOT DP,SOUND,VIDEO) 001-8120-576.31-20 12.36 Facilities Maintanance Pool Facilities Division Total: $926.83 AT&T BUSINESS SERVICE 2-13 ale 017 213-4468 001 001-8130-518.42-10 0.17 CAPTAIN T'S CLOTHING & APPAREL 001-8130-518.31-01 112.13 QWEST 2-14 ale 36045708315588 001-8130-518.42-10 0.11 2-14 ale 36045766840858 001-8130-518.42-10 0.70 2-14 ale 36045715355718 001-8130-518.42-10 0.27 2-14 ale 3604570411199B 001-8130-518.42-10 6.27 2-14 ale 3604570968343B 001-8130-518.42-10 0.23 2-23 ale 206T3023060848 001-8130-518.42-10 2.03 VERIZON WIRELESS 2-22 ale 571136182-00005 001-8130-518.42-10 12.99 Facilities Maintanance Custodial/Janitorial Svcs Division Total: $134.90 AT&T BUSINESS SERVICE 2-13 ale 017 213-4468 001 001-8131-518.42-10 0.17 COSCO/FEDERAL FIRESAFETY INC EQUIPMENT MAINTENANCE,REC 001-8131-518.48-10 417.35 HARTNAGEL BUILDING SUPPLY INC FASTENERS, FASTENING DEVS 001-8131-518.31-20 12.95 QWEST 2-14 ale 36045708315588 001-8131-518.42-10 0.11 . 2-14 ale 3604576684085B 001-8131-518.42-10 0.70 K -18 Page 11 . City of Port Angeles City Council Expenditure Report From: 2/21/2009 To: 3/6/2009 Date: 3/11/2009 Vendor QWEST SHAW ELEVATOR COMPANY THURMAN SUPPLY Facilities Maintanance PORT ANGELES CHAMBER OF COMM Lodging Excise Tax LAB SAFETY SUPPLY INC STEUBER DISTRIBUTING INC . ADVANCED TRAVEL ANGELES CONCRETE PRODUCTS ANGELES MILLWORK & LUMBER CO AT&T BUSINESS SERVICE BLAKE SAND & GRAVEL INC HARTNAGEL BUILDING SUPPLY INC . LAB SAFETY SUPPLY INC PACIFIC OFFICE EQUIPMENT INC PARKER PAINT MFG CO INC Description 2-14 ale 3604571535571B 2-14 ale 3604570411199B 2-14 ale 3604570968343B 2-16 ale 206T355724768B 2-23 ale 206T302306084B ELEVATORS BLOG TYPE ELEVATORS BLDG TYPE SUPPLIES Central Svcs Facilities Facilities Maintanance General Fund 09 MKTG & MEDIA CAMPAIGN Lodging Excise Tax Lodging Excise Tax Lodging Excise Tax Fund FIRST AID & SAFETY EQUIP. CLEANING COMPOSITION/SOLV Account Number 001-8131-518.42-10 001-8131-518.42-10 001-8131-518.42-10 001-8131-518.42-10 001-8131-518.42-10 001-8131-518.48-10 001-8131-518.48-10 001-8131-518.31-20 Division Total: Department Total: Fund Total: 101-1430-557.50-83 Division Total: Department Total: Fund Total: 102-0000-237.00-00 102-0000-237.00-00 Division Total: Department Total: Reeert Trng-Kaufmann 102-7230-542.43-10 Reeert Trng-MeCaleb 102-7230-542.43-10 SEED,SOD,SOIL&INOCULANT 102-7230-542.31-01 ROAD/HWY MAT NONASPHALTIC 102-7230-542.31-20 ROAD/HWY MAT NONASPHALTIC 102-7230-542.31-20 ROAD/HWY MAT NONASPHALTIC 102-7230-542.31-20 LUMBER& RELATED PRODUCTS 102-7230-542.31-20 LUMBER& RELATED PRODUCTS 102-7230-542.31-20 FASTENERS, FASTENING DEVS 102-7230-542.31-20 ROAD/HWY MAT NONASPHAL TIC 102-7230-542.31-25 MATERIAL HNDLlNG&STOR EQP 102-7230-542.31-25 TAPE(NOT DP,SOUND,VIDEO) 102-7230-542.31-25 HAND TOOLS ,POW&NON POWER 102-7230-542.31-25 2-13 ale 017 213-4468 001 102-7230-542.42-10 ROAD/HWY MAT NONASPHAL TIC 102-7230-542.31-20 SEED,SOD,SOIL&INOCULANT 102-7230-542.31-25 FASTENERS, FASTENING DEVS 102-7230-542.31-20 LUMBER& RELATED PRODUCTS 102-7230-542.31-20 LUMBER& RELATED PRODUCTS 102-7230-542.31-20 FIRST AID & SAFETY EQUIP. 102-7230-542.31-01 COMPUTER ACCESSORIES&SUPF 1 02-7230-542.31-01 PAINTS,COA TINGS,WALLPAPER 102-7230-542.31-25 PAINTS,COA TINGS,WALLPAPER 102-7230-542.31-25 Invoice Amount 0.27 6.27 0.23 57.46 2.03 1,132.40 3,834.00 43.90 $5,507.84 $6,569.57 $105,243.19 26,829.98 $26,829.98 $26,829.98 $26,829.98 -10.46 -165.03 -$175.49 -$175.49 180.30 180.30 376.69 737.35 186.45 292.68 31.39 152.63 13.35 164.98 -16.26 55.11 12.44 0.84 226.93 9.14 65.21 60.14 118.93 134.93 27.58 35.23 -31.78 K - 19 Page 12 Date: 3/11/2009 City of Port Angeles City Council Expenditure Report From: 2/21/2009 To: 3/6/2009 . Vendor Description Account Number Invoice Amount PUD #1 OF CLALLAM COUNTY Wood haven & Golf Course 102-7230-542.47-11 11.88 QWEST 2-14 ale 36045708315588 102-7230-542.42-10 0.57 2-14 ale 36045766840858 102-7230-542.42-10 3.48 2-14 ale 36045715355718 102-7230-542.42-10 1.34 2-14 ale 36045704111998 102-7230-542.42-10 31.36 2-14 ale 36045709683438 102-7230-542.42-10 1.13 2-23 ale 206T3023060848 102-7230-542.42-10 10.15 SANDERSON SAFETY SUPPLY CO FIRST AID & SAFETY EQUIP. 102-7230-542.31-01 103.28 SHIPPING AND HANDLING 102-7230-542.31-01 12.89 CLOTHING ACCESSORIES(SEE 102-7230-542.31-01 8.13 SHIPPING AND HANDLING 102-7230-542.31-01 10.28 SUPPLIES 102-7230-542.31-01 70.57 CLOTHING & APPAREL 102-7230-542.31-01 193.82 SHIPPING AND HANDLING 102-7230-542.31-01 12.60 FIRST AID & SAFETY EQUIP. 102-7230-542.31-01 34.47 SHIPPING AND HANDLING 102-7230-542.31-01 12.56 FIRST AID & SAFETY EQUIP. 102-7230-542.31-01 192.67 STEUBER DISTRIBUTING INC CLEANING COMPOSITION/SOLV 102-7230-542.31-40 2,129.61 UNITED RENTALS NORTHWEST INC RENTAL/LEASE EQUIPMENT 102-7230-542.45-30 22.77 . Public Works-Street Street Division Total: $5,878.12 Public Works-Street Department Total: $5,878.12 Street Fund Fund Total: $5,702.63 AT&T BUSINESS SERVICE 2-13 ale 017 213-4468 001 103-1511-558.42-10 0.08 CASCADIA LAW GROUP Rayonier 103-1511-558.41-50 400.00 PORT ANGELES CITY TREASURER Chamber/PA8A1EDC-West 103-1511-558.31-01 27.17 QWEST 2-14 ale 36045708315588 103-1511-558.42-1 0 0.06 2-14 ale 36045766840858 103-1511-558.42-10 0.35 2-14 ale 36045715355718 103-1511-558.42-10 0.13 2-14 ale 36045704111998 103-1511-558.42-10 3.14 2-14 ale 36045709683438 103-1511-558.42-10 0.11 2-23 ale 206T3023060848 103-1511-558.42-10 1.01 Economic Development Economic Development Division Total: $432.05 Economic Development Department Total: $432.05 Economic Development Fund Total: $432.05 AT&T BUSINESS SERVICE 2-13 ale 017 213-4468 001 106-1512-558.42-10 0.17 QWEST 2-14 ale 36045708315588 106-1512-558.42-10 0.11 2-14 ale 36045766840858 106-1512-558.42-10 0.70 2-14 ale 36045715355718 106-1512-558.42-10 0.27 2-14 ale 36045704111998 106-1512-558.42-10 6.27 2-14 ale 36045709683438 106-1512-558.42-10 0.23 . 2-23 ale 206T3023060848 106-1512-558.42-10 2.03 VERIZON WIRELESS 2-15 ale 264230412-00003 106-1512-558.42-10 41.33 K - 20 Page 13 Date: 3/11/2009 City of Port Angeles City Council Expenditure Report . From: 2/21/2009 To: 3/6/2009 Vendor Description Account Number Invoice Amount Economic Development Archaeologist Division Total: $51.11 Economic Development Department Total: $51.11 Cultural Resources Fund Total: $51.11 ADVANCED TRAVEL Public Ed Trng-Homan . 107-5160-528.43-10 182.00 AHRENS, KENNETH E Rental Fees 1 07 -5160~528.45-30 700.00 AT&T BUSINESS SERVICE 2-13 ale 017 213-4468 001 107-5160-528.42-10 4.54 QWEST 2-14 ale 3604570831558B 107-5160-528.42-10 3.06 2-14 ale 3604576684085B 107-5160-528.42-10 18.81 2-14 ale 3604571535571 B 107-5160-528.42-10 7.24 2-14 ale 3604570411199B 107-5160-528.42-10 169.36 2-14 ale 3604570968343B 107 -5160-528.42-10 6.12 2-23 ale 206T302306084B 107-5160-528.42-10 54.80 VERIZON WIRELESS 1-25 ale 671402094-00001 107-5160-528.42-10 211.04 REV #6531 & MOVE TO 107-5160-528.42-10 -211.04 MV VERIZON TO 107 -5160-528.42-10 211.04 1-25 ale 671402094-00001 107-5160-528.42-10 197.22 Pencom Pencom Division Total: $1,554.19 Pen com Department Total: $1,554.19 . Pen com Fund Fund Total: $1,554.19 OLYMPIC COMMUNITY ACTION PRGMS CONSULTING SERVICES 172-2310-559.41-50 8,801.23 FINANCIAL SERVICES 172-2310-559.41-50 359.52 PA Housing Rehabilitation PA Housing Rehabilitation Division Total: $9,160.75 CLALLAM CNTY HOUSING AUTHORITY CONSUL TING SERVICES 172-2359-559.41-50 60,212.79 PA Housing Rehabilitation Housing Authority Division Total: $60,212.79 PA Housing Rehabilitation Department Total: $69,373.54 PA Housing Rehab Proj Fund Total: $69,373.54 AT&T BUSINESS SERVICE 2-13 ale 017 213-4468 001 174-8221-574.42-10 0.17 GREAT AMERICA LEASING CORP OFFICE MACHINES & ACCESS 174-8221-574.45-31 64.72 PIMENTEL, HENRY REFEREE PAYMENT 174-8221-574.41-50 396.00 QWEST 2-14 ale 3604570831558B 174-8221-574.42-10 0.11 2-14 ale 3604576684085B 174-8221-574.42-10 0.70 2-14 ale 3604571535571B 174-8221-574.42-10 0.27 2-14 ale 3604570411199B 174-8221-574.42-10 6.27 2-14 ale 3604570968343B 174-8221-574.42-10 0.23 2-23 ale 206T302306084B 174-8221-574.42-10 2.03 Recreation Activities Sports Programs Division Total: $470.50 ADAMICH, CHASE SCOREKEEPER PAYMENT 174-8222-574.41-50 70.00 AT&T BUSINESS SERVICE 2-13 ale 017 213-4468 001 174-8222-574.42-10 0.17 CAPTAIN T'S CLOTHING & APPAREL 174-8222-574.31-01 1,242.26 . CLOTHING & APPAREL 174-8222-574.31-01 84.55 EYGABROAD, DANIEL REFEREE PAYMENT 174-8222-574.41-50 374.00 GREAT AMERICA LEASING CORP OFFICE MACHINES & ACCESS 174-8222-574.45-31 64.72 K - 21 Page 14 Date: 3/11/2009 City of Port Angeles City Council Expenditure Report From: 2/21/2009 To: 3/6/2009 . Vendor Description Account Number Invoice Amount HANSEN'S TROPHY MARKERS, PLAQUES,SIGNS 174-8222-574.31-01 243.90 MARKERS, PLAQUES,SIGNS 174-8222-574.31-01 724.11 JONES, KIAH N SCOREKEEPER PAYMENT 174-8222-574.41-50 160.00 QWEST 2-14 ale 36045708315588 174-8222-574.42-10 0.11 2-14 ale 36045766840858 174-8222-574.42-10 0.70 2-14 ale 36045715355718 174-8222-574.42-10 0.27 2-14 ale 36045704111998 174-8222-574.42-10 6.27 2-14 ale 36045709683438 174-8222-574.42-10 0.23 2-23 ale 206T3023060848 174-8222-574.42-10 2.03 SCHADE, MAXIMILLlAN W REFEREE PAYMENT 174-8222-574.41-50 286.00 SWAIN'S GENERAL STORE INC SPORTING & ATHLETIC EQUIP 174-8222-574.31-01 59.29 SPORTING & ATHLETIC EQUIP 174-8222-574.31-01 -59.29 SPORTING & ATHLETIC EQUIP 174-8222-574.31-01 59.29 TOLLIVER, KRYSTAL N SCOREKEEPER PAYMENT 174-8222-574.41-50 140.00 WITHEROW, PAIGE SCOREKEEPER PAYMENT 174-8222-574.41-50 80.00 ZIESEMER, MICHAEL J REFEREE PAYMENT 174-8222-574.41-50 374.00 Recreation Activities Special Events Division Total: $3,912.61 AT&T BUSINESS SERVICE 2-13 ale 017 213-4468 001 174-8224-574.42-10 0.17 GREAT AMERICA LEASING CORP OFFICE MACHINES & ACCESS 17 4-8224-57 4.45-31 64.72 PORT ANGELES CITY TREASURER After School Supplies-8R 174-8224-574.31-01 22.57 . QWEST 2-14 ale 36045708315588 174-8224-574.42-10 0.11 2-14 ale 36045766840858 174-8224-574.42-10 0.70 2-14 ale 36045715355718 174-8224-574.42-10 0.27 2-14 ale 36045704111998 174-8224-574.42-10 6.27 2-14 ale 36045709683438 174-8224-574.42-10 0.23 2-23 ale 206T302306084B 174-8224-574.42-10 2.03 VERIZON WIRELESS 2-22 ale 571136182-00005 174-8224-574.42-10 13.4 7 Recreation Activities Youth/Family Programs Division Total: $110.54 Recreation Activities Department Total: $4,493.65 Recreational Activities Fund Total: $4,493.65 MULTI-MODAL GATEWAY ACQUISITION Gateway Bond-Pmt 6 215-2449-591.71-10 38,365.08 Gateway 8ond-Pmt 6 215-2449-592.81-10 5,080.00 Debt Service Parking Facilities Division Total: $43,445.08 Debt Service Department Total: $43,445.08 2006 L TGO-Prop Acquisitn Fund Total: $43,445.08 GENTRY ARCHITECTURE OL Y DISCOVERY TRAILl8RIDG 310-7930-595.65-10 21,755.00 PENINSULA CONCRETE CUTTING INC CORING - 1 ST STREET 310-7930-595.65-10 1,305.68 Capital Projects-Pub Wks GF-Street Projects Division Total: $23,060.68 JOHNSTON LAND SURVEYING TOPOGRAPHIC SURVEY 310-7961-595.41-50 1,033.00 Capital Projects-Pub Wks ST-Sidewalk Improvement Division Total: $1,033.00 CLALLAM TRANSIT SYSTEM DELAMINATION FIX 310-7965-595.41-50 16,388.12 . SALVAGE GLASS 310-7965-595.65-10 446.61 K - 22 Page 15 . City of Port Angeles City Council Expenditure Report From: 2/21/2009 To: 3/6/2009 Date: 3/11/2009 Vendor OLYMPIC STATIONERS INC PACIFIC OFFICE EQUIPMENT INC PACIFIC OFFICE FURNITURE PORT ANGELES CITY LIGHT PORT ANGELES CITY TREASURER PORT ANGELES POWER EQUIPMENT PORT OF PORT ANGELES PUD #1 OF CLALLAM COUNTY PUGET SAFETY EQUIPMENT INC QUILL CORPORATION . QWEST RIVERSIDE MANUFACTURING CO. STAINLESS FASTENERS, INC SUNSET DO-IT BEST HARDWARE SWAIN'S GENERAL STORE INC WAGNER-SMITH EQUIPMENT CO Public Works-Electric . ADVANCED TRAVEL Description Account Number OFFICE SUPPLIES, GENERAL 401-7180-533.31-01 EQUIPMENT MAINTENANCE 401-7180-533.31-01 COPYING MACHINE SUPPLIES 401-7180-533.31-01 HARDWARE,AND ALLIED ITEMS 401-7180-533.35-01 Gas-McCabe 401-7180-533.31-01 Coffee for Crew-Klarr 401-7180-533.31-01 Pens-Peppard 401-7180-533.31-01 Ferry Tiekets-Hainstoek 401-7180-533.43-10 Callout Meals-RH/GM/BR 401-7180-533.31-01 EQUIP MAINT & REPAIR SERV 401-7180-533.48-10 Lease Fees 401-7180-533.45-30 MISC PROFESSIONAL SERVICE 401-7180-533.41-50 SHOES AND BOOTS 401-7180-533.31-01 SHIPPING AND HANDLING 401-7180-533.42-10 OFFICE SUPPLIES, GENERAL 401-7180-533.31-01 OFFICE SUPPLIES, GENERAL 401-7180-533.31-01 OFFICE SUPPLIES, GENERAL 401-7180-533.31-01 JANITORIAL SUPPLIES 401-7180-533.31-01 COMPUTERS,DP & WORD PROC. 401-7180-533.31-01 2-14 ale 3604570831558B 401-7180-533.42-10 2-14 ale 3604576684085B 401-7180-533.42-10 2-14 ale 3604571535571B 401-7180-533.42-10 2-14 ale 3604570411199B 401-7180-533.42-10 2-14 ale 3604570968343B 401-7180-533.42-10 2-16 ale 206T322760994B 401-7180-533.42-10 2-16 ale 206T323881998B 401-7180-533.42-10 2-16 ale 206T323879996B 401-7180-533.42-10 2-16 ale 206T326157000B 401-7180-533.42-10 2-14 ale 3604574717777B 401-7180-533.42-10 2-23 ale 206T302306084B 401-7180-533.42-10 FIRE PROTECTION EQUIPISUP 401-7180-533.31-01 FASTENERS, FASTENING DEVS 401-7180-533.34-02 CLEANING COMPOSITION/SOLV 401-7180-533.31-01 AUTO & TRUCK MAINT. ITEMS 401-7180-533.34-02 SEED,SOD,SOIL&INOCULANT 401-7180-533.34-02 HAND TOOLS ,POW&NON POWER401-7180-533.35-01 AUTO & TRUCK ACCESSORIES 401-7180-533.35-01 AUTO & TRUCK ACCESSORIES 401-7180-533.35-01 Electric Operations Division Total: Public Works-Electric Department Total: Electric Utility Fund Fund Total: Exam Review-JH/JGIDE 402-7380-534.43-10 Invoice Amount 14.01 12.98 41.17 85.64 18.65 15.51 15.80 23.10 88.50 128.96 4,100.00 110.98 487.82 15.05 7.78 265.20 12.66 8.53 258.22 2.72 16.72 6.44 150.54 5.44 54.54 54.54 54.54 54.54 40.50 48.71 139.02 98.64 30.01 92.15 29.13 205.45 -92.79 -92.60 $116,000.65 $125,324.61 $2,181,352.46 1,368.96 K - 25 Page 18 City of Port Angeles City Council Expenditure Report From: 2/21/2009 To: 3/6/2009 Date: 3/11/2009 . Vendor AM SAN OC YMPIC SUPPLY ANGELES ELECTRIC INC AT&T BUSINESS SERVICE FAMILY SHOE STORE HACH COMPANY LAB/COR, INC PACIFIC OFFICE EQUIPMENT INC QWEST RYAN HERCO PRODUCTS CORP SUNSET DO-IT BEST HARDWARE SWAIN'S GENERAL STORE INC THURMAN SUPPLY TWISS ANALYTICAL LABORATORIES UTILITIES UNDERGROUND LOC CTR Public Works-Water ANALYTICAL RESOURCES INC AT&T BUSINESS SERVICE BRAKE, PERRY CONSULTANT CHEMSEARCH G4 CONSULTING INC KAMAN INDUSTRIAL TECHNOLOGIES OLYMPIC STATIONERS INC PETTIT OIL COMPANY PORT ANGELES CITY TREASURER Description Account Number WATER&SEWER TREATING CHEM402-7380-534,31-05 JANITORIAL SUPPLIES 402-7380-534,31-20 ENGINGEERING SERVICES 402-7380-534.48-10 2-13 ale 017 213-4468 001 402-7380-534.42-10 SHOES AND BOOTS 402-7380-534.31-01 ELECTRONIC COMPONENTS 402-7380-534.48-10 TESTING&CALlBRATION SERVI 402-7380-534.41-50 COMPUTER ACCESSORIES&SUPF402-7380-534.31-0 1 2-10 ale 360z100240955B 402-7380-534.42-10 2-14 ale 3604570831558B 402-7380-534.42-10 2-14 ale 3604576684085B 402-7380-534.42-10 2-14 ale 3604571535571B 402-7380-534.42-10 2-14 ale 3604570411199B 402-7380-534.42-10 2-14 ale 3604570968343B 402-7380-534.42-10 2-23 ale 206T302306084B 402-7380-534.42-10 SUPPLIES 402-7380-534.31-20 PAINTS,COA TINGS,WALLPAPER 402-7380-534.31-20 HAND TOOLS ,POW&NON POWER402-7380-534.35-01 MATERIAL HNDLlNG&STOR EQP 402-7380-534.35-01 MATERIAL HNDLlNG&STOR EQP 402-7380-534.35-01 MATERIAL HNDLlNG&STOR EQP 402-7380-534.35-01 CONCRETE & METAL CULVERTS 402-7380-534.31-20 SUPPLIES 402-7380-534.31-20 TESTING&CALlBRATION SERVI 402-7380-534.41-50 TESTING&CALlBRATION SERVI 402-7380-534.41-50 JANUARY LOCATES 402-7380-534.48-10 Water Public Works-Water Water Fund Division Total: Department Total: Fund Total: Invoice Amount 224.23 95.77 131.95 1.01 868.74 382.92 385.00 27.58 414.88 0.68 4.18 1.61 37.64 1.36 12.18 524.02 3.30 195.05 30.86 -30.86 30.86 26.67 153.93 165.00 165.00 18.60 $5,241.12 $5,241.12 $5,241.12 280.00 500.00 1.35 37.24 866.66 6,910.28 3,525.50 1,203.77 88.43 17.60 899.75 77.09 12.05 K - 26 . . TESTING&CALlBRATION SERVI 403-7480-535.41-50 TESTING&CALlBRA TION SERVI 403-7480-535.41-50 2-13 ale 017 213-4468 001 403-7480-535.42-10 SUPPLIES 403-7480-535.31-01 WATER&SEWER TREATING CHEM403-7480-535.31-20 PRETREATMENT PROG UPDATE 403-7480-535.41-50 PRETREATMENT PROG UPDATE 403-7480-535.41-50 SUPPLIES 403-7480-535.31-20 SUPPLIES 403-7480-535.31-01 SUPPLIES 403-7480-535.31-01 FUEL,OIL,GREASE, & LUBES 403-7480-535.32-11 FUEL,OIL,GREASE, & LUBES 403-7480-535.32-20 Postage-Young 403-7480-535.42-10 Page 19 . City of Port Angeles City Council Expenditure Report From: 2/21/2009 To: 3/6/2009 Date: 3/11/2009 Description Account Number Postage-Young 403-7480-535.42-10 HOSES, ALL KINDS 403-7480-535.31-01 HOSES, ALL KINDS 403-7480-535.31-01 FIRST AID & SAFETY EQUIP. 403-7480-535.31-01 2-16 ale 206T325585090B 403-7480-535.42-10 9-16 ale 206T329544912B 403-7480-535.42-10 2-2 ale 3605650365696B 403-7480-535.42-10 2-14 ale 3604570831558B 403-7480-535.42-10 2-14 ale 3604576684085B 403-7480-535.42-10 2-14 ale 3604571535571B 403-7480-535.42-10 2-14 ale 3604570411199B 403-7480-535.42-10 2-14 ale 3604570968343B 403-7480-535.42-10 2-14 ale 3604576315689B 403-7480-535.42-10 2-14 ale 3604574859247B 403-7480-535.42-10 2-23 ale 206T302306084B 403-7480-535.42-10 SEARS COMMERCIAL ONE SUPPLIES 403-7480-535.35-01 SIEMENS BUILDING TECHNOLOGIES INC WATER SEWAGE TREATMENT EQ403-7480-535.35-01 SUNSET DO-IT BEST HARDWARE PLUMBING EQUIP FIXT,SUPP 403-7480-535.31-01 MACHINERY & HEAVY HRDWARE 403-7480-535.31-20 HARDWARE,AND ALLIED ITEMS 403-7480-535.31-20 HARDWARE,AND ALLIED ITEMS 403-7480-535.31-20 HARDWARE,AND ALLIED ITEMS 403-7480-535.31-20 ELECTRICAL EQUIP & SUPPLY 403-7480-535.31-01 ELECTRICAL EQUIP & SUPPLY 403-7480-535.31-01 CHEMICAL, COMMERCIAL,BULK 403-7480-535.31-05 JANUARY LOCATES 403-7480-535.41-50 Vendor PORT ANGELES CITY TREASURER PORT ANGELES POWER EQUIPMENT PUGET SAFETY EQUIPMENT INC QWEST . SWAIN'S GENERAL STORE INC THURMAN SUPPLY UNIVAR USA INC UTILITIES UNDERGROUND LOC CTR Public Works-WW/Stormwt ANGELES MILLWORK & LUMBER CO AT&T BUSINESS SERVICE OLYMPIC STATIONERS INC PACIFIC OFFICE EQUIPMENT INC QWEST . SWAIN'S GENERAL STORE INC Wastewater Public Works-WW/Stormwtr Wastewater Fund ELECTRICAL EQUIP & SUPPLY 2-13 ale 017 213-4468 001 PAPER (OFFICE, PRINT SHOP) COMMUNICATIONSIMEDIA SERV 2-5 ale 36045281 00532B 2-5 ale 3604522245145B 2-14 ale 3604570831558B 2-14 ale 3604576684085B 2-14 ale 3604571535571B 2-14 ale 3604570411199B 2-14 ale 3604570968343B 2-23 ale 2061302306084B PAINTS,COA TINGS,WALLPAPER Division Total: Department Total: Fund Total: 404-7580-537.31-20 404-7580-537.42-10 404-7580-537.44-10 404-7580-537.44-10 404-7580-537.42-10 404-7580-537.42-10 404-7580-537.42-10 404-7580-537.42-10 404-7580-537.42-10 404-7580-537.42-10 404-7580-537.42-10 404-7580-537.42-10 404-7580-537.31-20 Invoice Amount 30.02 90.81 82.09 43.87 54.40 54.40 39.43 0.91 5.57 2.15 50.18 1.81 78.85 78.79 16.24 62.82 882.03 34.47 127.91 19.69 -19.69 19.69 52.30 206.83 2,892.94 18.60 $19,346.83 $19,346.83 $19,346.83 17.50 0.67 21.02 24.39 39.43 39.43 0.45 2.79 1.07 25.09 0.91 8.12 45.53 K - 27 Page 20 Date: 3/11/2009 City of Port Angeles City Council Expenditure Report . From: 2/21/2009 To: 3/6/2009 Vendor Description Account Number Invoice Amount AT&T BUSINESS SERVICE 2-13 ale 017 213-4468 001 409-6025-526.42-10 2.02 CLALLAM CNTY EMS Medie I Advisory 409-6025-526.41-50 600.00 GE HEAL THCARE SERVICES ENGINGEERING SERVICES 409-6025-526.41-50 165.04 LIFE ASSIST HOSP SURG ACCES & SUNDRIS 409-6025-526.31-02 807.63 Jeremy Church FIRST AID CLASS 2/21/09 409-6025-526.31-08 200.00 Sharon Cordery CPR CLASS 2/17/2009 409-6025-526.31-08 50.00 MOROZ, JAMES FIRST AID CLASS 2/23/09 H 409-6025-526.31-08 200.00 OLYMPIC MEDICAL CENTER SALE SURPLUSIOBSOLETE 409-6025-526.31-13 17.88 QWEST 2-14 ale 3604570831558B 409-6025-526.42-10 1.36 2-14 ale 3604576684085B 409-6025-526.42-10 8.36 2-14 ale 3604571535571B 409-6025-526.42-10 3.22 2-14 ale 3604570411199B 409-6025-526.42-10 75.27 2-14 ale 3604570968343B 409-6025-526.42-10 2.72 2-23 ale 206T302306084B 409-6025-526.42-10 24.36 SWAIN'S GENERAL STORE INC AUTO & TRUCK MAINT. ITEMS 409-6025-526.20-80 21.68 CLOTHING & APPAREL 409-6025-526.20-80 17.20 AUTO & TRUCK MAINT. ITEMS 409-6025-526.20-80 -21.68 AUTO & TRUCK MAINT. ITEMS 409-6025-526.20-80 21.68 . CLOTHING & APPAREL 409-6025-526.20-80 -17.20 CLOTHING & APPAREL 409-6025-526.20-80 17.20 SYSTEMS DESIGN NW INC FINANCIAL SERVICES 409-6025-526.41-50 2,525.90 Fire Department Medic I Division Total: $4,722.64 Fire Department Department Total: $4,722.64 Medic I Utility Fund Total: $4,722.64 ADVANCED TRAVEL BPA Wkshop-Kajfasz 421-7121-533.43-10 138.21 ALL WEATHER HEATING & COOLING CITY REBATE 421-7121-533.49-86 915.00 CITY REBATE 421-7121-533.49-86 850.00 CITY REBATE 421-7121-533.49-86 850.00 AM CONSERVATION GROUP, INC CONSERVATION KITS 421-7121-533.35-01 5,920.00 ANGELES ELECTRIC INC INSPECT ATTIC 421-71'21-533.41-50 88.89 . AZTEC ENERGY SERVICES CIY REBATE 421-7121-533.49-86 4,380.00 C & F INSULATION CITY REBATE 421-7121-533.49-86 1,348.72 DAVE'S HEATING & COOLING SVC CITY REBATE 421-7121-533.49-86 1,500.00 EVERWARM HEARTH & HOME INC CITY REBATE 421-7121-533.49-86 946.98 GLASS SERVICES CO INC CITY REBATE 421-7121-533.49-86 117 .50 Alice Seward CITY REBATE 421-7121-533.49-86 50.00 Carolyn Calhoun CITY REBATE 421-7121-533.49-86 50.00 Chad Olsen CITY REBATE 421-7121-533.49-86 50.00 Curtis Barnett CITY REBATE 421-7121-533.49-86 25.00 . James Buller CITY REBATE 421-7121-533.49-86 50.00 Linda Kish CITY REBATE 421-7121-533.49-86 25.00 Lois Danks CITY REBATE 421-7121-533.49-86 50.00 K - 29 Page 22 Date: 3/11/2009 City of Port Angeles City Council Expenditure Report From: 2/21/2009 To: 3/6/2009 . Vendor Description Account Number Invoice Amount Paula Doherty CITY REBATE 421-7121-533.49-86 50.00 Sherri Hensley CITY REBATE 421-7121-533.49-86 50.00 Thomas McCurdy CITY REBATE 421-7121-533.49-86 50.00 OLYMPIC STATIONERS INC JIFFY BAGS 421-7121-533.35-01 156.10 PENINSULA DAILY NEWS DISPLAY AD 421-7121-533.44-10 377 .44 TRACY'S INSULATION CITY REBATE 421-7121-533.49-86 2,406.48 CITY REBATE 421-7121-533.49-86 2,641.21 Public Works-Electric Conservation Division Total: $23,086.53 Public Works-Electric Department Total: $23,086.53 Conservation Fund Total: $23,086.53 ADVANCED TRAVEL Rayonier Mtg-Bloor 453-7488-594.43-10 159.25 BROWN AND CALDWELL CSO PLAN UPDATE 453-7488-594.41-50 10,101.41 CASCADIA LAW GROUP CSO 453-7488-594.41-50 200.00 LINCOLN STREET STATION SHIP CAMERA 453-7488-594.42-10 41.04 Public Works-WW/Stormwt Wastewater Projects Division Total: $10,501.70 Public Works-WW/Stormwtr Department Total: $10,501.70 WasteWater Utility CIP Fund Total: $10,501.70 BAXTER AUTO PARTS #15 AUTO & TRUCK MAINT. ITEMS 501-0000-141 .40-00 127.33 AUTO & TRUCK MAINT. ITEMS 501-0000-141 .40-00 31.75 . AUTO & TRUCK MAINT. ITEMS 501-0000-141 .40-00 117.40 COBALT TRUCK EQUIPMENT 'AUTO & TRUCK MAINT. ITEMS 501-0000-237.00-00 -19.07 CONSTRUCTION PARTS AUTO & TRUCK MAl NT. ITEMS 501-0000-141 .40-00 986.44 KAMAN INDUSTRIAL TECHNOLOGIES AUTO & TRUCK MAINT. ITEMS 501-0000-141 .40-00 100.57 MCMASTER-CARR SUPPLY CO AUTO & TRUCK MAINT. ITEMS 501-0000-237.00-00 -3.07 AUTO SHOP EQUIPMENT & SUP 501-0000-237.00-00 -5.95 AUTO SHOP EQUIPMENT & SUP 501-0000-237.00-00 -11.25 AUTO & TRUCK MAINT. ITEMS 501-0000-237.00-00 -0.82 OFFICE SUPPLIES, GENERAL 501-0000-237.00-00 26.19 OFFICE SUPPLIES, GENERAL 501-0000-237.00-00 -26.19 AUTO & TRUCK MAINT. ITEMS 501-0000-237.00-00 -7.29 NAPA AUTO PARTS HOSES, ALL KINDS 501-0000-141 .40-00 82.44 AUTO & TRUCK MAl NT. ITEMS 501-0000-141 .40-00 41 .44 AUTO & TRUCK MAl NT. ITEMS 501-0000-141 .40-00 65.81 AUTO & TRUCK MAINT.ITEMS 501-0000-141 .40-00 123.18 PETTIT OIL COMPANY FUEL,OIL,GREASE, & LUBES 501-0000-141 .20-00 527.70 PLATINUM CHEMICALS, INC JANITORIAL SUPPLIES 501-0000-237.00-00 -37.55 RUDDELL AUTO MALL AUTO & TRUCK MAINT. ITEMS 501-0000-141 .40-00 24.93 SOUNDOFF SIGNAL AUTO & TRUCK ACCESSORIES 501-0000-237.00-00 -139.00 Division Total: $2,004.99 Department Total: $2,004.99 . AMERICAN HOSE AND FITTINGS INC AUTO & TRUCK MAl NT. ITEMS 501-7630-548.34-02 110.13 ARAMARK LAUNDRYIDRY CLEANING SERV 501-7630-548.31-01 24.40 K - 30 Page 23 . City of Port Angeles City Council Expenditure Report Date: 3/11/2009 From: 2/21/2009 To: 3/6/2009 Vendor ARAMARK AT&T BUSINESS SERVICE BAXTER AUTO PARTS #15 CASE POWER & EQUIPMENT, LLC CHEVRON USA COBALT TRUCK EQUIPMENT CSK AUTO INC (SCHUCK'S) . HEARTLlNE IBS INCORPORATED KAMAN INDUSTRIAL TECHNOLOGIES LEAVITT MACHINERY USA, INC MCMASTER-CARR SUPPLY CO NAPA AUTO PARTS . PACIFIC OFFICE EQUIPMENT INC Description Account Number LAUNDRY/DRY CLEANING SERV 501-7630-548.49-90 2-13 a/e 017 213-4468 001 501-7630-548.42-10 AUTO & TRUCK MAl NT. ITEMS 501-7630-548.34-02 AUTO & TRUCK MAINT. ITEMS 501-7630-548.34-02 AUTO & TRUCK MAINT. ITEMS 501-7630-548.34-02 AUTO & TRUCK MAINT. ITEMS 501-7630-548.34-02 AUTO & TRUCK MAl NT. ITEMS 501-7630-548.34-02 AUTO & TRUCK MAl NT. ITEMS 501-7630-548.34-02 AUTO & TRUCK MAl NT. ITEMS 501-7630-548.34-02 AUTO & TRUCK MAl NT. ITEMS 501-7630-548.34-02 AUTO & TRUCK MAl NT. ITEMS 501-7630-548.34-02 AUTO & TRUCK MAl NT. ITEMS 501-7630-548.34-02 AUTO & TRUCK MAINT. ITEMS 501-7630-548.34-02 GAS PURCHASES 501-7630-548.32-10 GAS PURCHASES 501-7630-548.32-10 GAS PURCHASES 501-7630-548.32-10 AUTO & TRUCK MAl NT. ITEMS 501-7630-548.34-02 AUTO & TRUCK MAl NT. ITEMS 501-7630-548.34-02 AUTO & TRUCK MAl NT. ITEMS 501-7630-548.34-02 AUTO & TRUCK MAl NT. ITEMS 501-7630-548.34-02 AUTO & TRUCK MAl NT. ITEMS 501-7630-548.34-02 AUTO & TRUCK MAl NT. ITEMS 501-7630-548.34-02 AUTO & TRUCK MAl NT. ITEMS 501-7630-548.34-02 AUTO & TRUCK MAl NT. ITEMS 501-7630-548.34-02 AUTO & TRUCK MAINT. ITEMS 501-7630-548.34-02 AUTO & TRUCK MAINT. ITEMS 501-7630-548.34-02 AUTO & TRUCK MAINT. ITEMS 501-7630-548.34-02 OFFICE SUPPLIES, GENERAL 501-7630-548.31-01 AUTO SHOP EQUIPMENT & SUP 501-7630-548.31-01 AUTO SHOP EQUIPMENT & SUP 501-7630-548.31-01 OFFICE SUPPLIES, GENERAL 501-7630-548.31-01 AUTO & TRUCK MAINT. ITEMS 501-7630-548.34-02 AUTO & TRUCK MAINT. ITEMS 501-7630-548.34-02 AUTO & TRUCK MAINT. ITEMS 501-7630-548.34-02 AUTO SHOP EQUIPMENT & SUP 501-7630-548.31-01 AUTO & TRUCK MAINT. ITEMS 501-7630-548.34-02 AUTO & TRUCK MAINT. ITEMS 501-7630-548.34-02 AUTO & TRUCK MAINT. ITEMS 501-7630-548.34-02 AUTO & TRUCK MAINT. ITEMS 501-7630-548.34-02 AUTO & TRUCK MAINT. ITEMS 501-7630-548.34-02 OFFICE SUPPLIES, GENERAL 501-7630-548.31-01 COMPUTER ACCESSORIES&SUPF501-7630-548.31-01 Invoice Amount 35.22 1.18 -45.71 24.65 3.73 15.85 16.89 16.80 5.29 47.53 40.95 185.11 336.51 27.46 9.79 12.39 246.07 12.35 25.50 6.85 56.79 59.57 149.47 84.60 -61.24 110.61 240.23 -337.93 76.79 145.11 337.93 10.56 39.55 94.03 52.75 101.01 14.36 16.94 8.56 36.96 73.98 27.59 K - 31 Page 24 Date: 3/11/2009 City of Port Angeles City Council Expenditure Report From: 2/21/2009 To: 3/6/2009 . Vendor Description Account Number Invoice Amount PACIFIC OFFICE EQUIPMENT INC OFFICE MACHINES & ACCESS 501-7630-548.31-01 62.36 PETTIT OIL COMPANY Fuel Exp-City Vehicles 501-7630-548.32-10 3,993.39 PLATINUM CHEMICALS, INC JANITORIAL SUPPLIES 501-7630-548.31-01 484.47 PORT ANGELES CITY TREASURER Washer Fluid-EQ 5602 501-7630-548.31-01 4.33 PORT ANGELES FORD LINCOLN AUTO & TRUCK MAINT. ITEMS 501-7630-548.34-02 15.80 AUTO & TRUCK MAINT. ITEMS 501-7630-548.34-02 28.55 AUTO & TRUCK MAINT. ITEMS 501-7630-548.34-02 170.50 AUTO & TRUCK MAINT. ITEMS 501-7630-548.34-02 4.65 AUTO & TRUCK MAINT. ITEMS 501-7630-548.34-02 212.78 PORT ANGELES TIRE FACTORY AUTO & TRUCK MAINT. ITEMS 501-7630-548.48-10 14.04 AUTO & TRUCK MAINT. ITEMS 501-7630-548.48-10 337.04 AUTO & TRUCK MAINT.ITEMS 501-7630-548.48-10 612.38 AUTO & TRUCK MAl NT. ITEMS 501-7630-548.48-10 32.52 AUTO & TRUCK MAl NT. ITEMS 501-7630-548.48-10 34.85 PUBLIC FLEET MANAGERS ASSN MEMBERSHIPS 501-7630-548.49-01 100.00 QWEST 2-14 ale 3604570831558B 501-7630-548.42-10 0.79 2-14 ale 3604576684085B 501-7630-548.42-10 4.88 2-14 ale 3604571535571B 501-7630-548.42-10 1.88 2-14 ale 3604570411199B 501-7630-548.42-10 43.91 . 2-14 ale 3604570968343B 501-7630-548.42-10 1.59 2-23 ale 206T302306084B 501-7630-548.42-10 14.21 RESTORATION GLASS/NOVUS AUTO, INCAUTO & TRUCK MAINT. ITEMS 501-7630-548.48-10 54.15 RICHMOND 2-WAY RADIO AUTO & TRUCK MAINT. ITEMS 501-7630-548.34-02 139.29 RUDDELL AUTO MALL Housing 501-7630-548.34-02 -213.38 AUTO & TRUCK MAl NT. ITEMS 501-7630-548.34-02 153.31 AUTO & TRUCK MAINT. ITEMS 501-7630-548.34-02 6.24 AUTO & TRUCK MAINT. ITEMS 501-7630-548.34-02 538.84 AUTO & TRUCK MAINT. ITEMS 501-7630-548.34-02 23.87 SAHLBERG EQUIPMENT CO INC, JF AUTO & TRUCK MAINT. ITEMS 501-7630-548.34-02 1,431.33 SIX ROBBLEES' INC AUTO & TRUCK MAl NT. ITEMS 501-7630-548.34-02 71.98 SOLID WASTE SYSTEMS, INC AUTO & TRUCK MAINT. ITEMS 501-7630-548.34-02 1,816.54 SOUNDOFF SIGNAL AUTO & TRUCK ACCESSORIES 501-7630-548.34-02 1,793.75 SUNSET DO-IT BEST HARDWARE AUTO & TRUCK MAl NT. ITEMS 501-7630-548.34-02 18.71 AUTO & TRUCK MAINT. ITEMS 501-7630-548.34-02 67.93 AUTO & TRUCK MAl NT. ITEMS 501-7630-548.34-02 27.87 AUTO & TRUCK MAINT. ITEMS 501-7630-548.34-02 23.75 AUTO & TRUCK MAINT. ITEMS 501-7630-548.34-02 10.25 AUTO & TRUCK MAINT.ITEMS 501-7630-548.34-02 15.07 AUTO & TRUCK MAl NT. ITEMS 501-7630-548.34-02 4.51 RENTAL/LEASE EQUIPMENT 501-7630-548.49-90 35.23 TRANCO TRANSMISSIONS INC AUTO & TRUCK MAINT. ITEMS 501-7630-548.48-10 1,866.14 . WESTERN SYSTEMS & FABRICATION AUTO & TRUCK MAINT. ITEMS 501-7630-548.34-02 494.00 K - 32 Page 25 Date: 3/11/2009 City of Port Angeles City Council Expenditure Report . From: 2/21/2009 To: 3/6/2009 Vendor Description Account Number Invoice Amount WESTERN SYSTEMS & FABRICATION AUTO & TRUCK MAl NT. ITEMS 501-7630-548.34-02 437.06 Public Works-Equip Svcs Equipment Services Division Total: $17,488.52 Public Works-Equip Svcs Department Total: $17,488.52 Equipment Services Fund Total: $19,493.51 AT&T BUSINESS SERVICE 2-13 alc 017 213-4468 001 502-2081-518.42-10 1.51 INSIGHT PUBLIC SECTOR COMPUTER HARDWARE&PERIPHI502-2081-518.31-60 119.15 COMPUTER HARDWARE&PERIPHI502-2081-518.31-60 35.64 COMPUTER ACCESSORIES&SUPF502-2081-518.31-60 31.97 COMPUTER HARDWARE&PERIPHI502-2081-518.31-60 426.50 QWEST 2-14 alc 3604570831558B 502-2081-518.42-10 1.02 2-14 alc 3604576684085B 502-2081-518.42-10 6.27 2-14 alc 3604571535571 B 502-2081-518.42-10 2.41 2-14 alc 3604570411199B 502-2081-518.42-10 56.45 2-14 alc 3604570968343B 502-2081-518.42-10 2.04 2-23 alc 206T302306084B 502-2081-518.42-10 18.27 VERIZON WIRELESS 1-25 alc 671402094-00001 502-2081-518.42-10 125.10 REV #6531 & MOVE TO 502-2081-518.42-10 -125.10 MV VERIZON TO 502-2081-518.42-10 125.10 . 1-25 alc 671402094-00001 502-2081-518.42-10 56.77 1-25 alc 671402094-00001 502-2081-518.42-10 397.55 Finance Department Information Technologies Division Total: $1,280.65 Finance Department Department Total: $1,280.65 Information Technology Fund Total: $1,280.65 BALSER, FRED Reimb Medicare-February 503-1631-517.46-35 96.40 BISHOP, VIRGIL Reimb Medicare-February 503-1631-517.46-35 212.10 CAMPORINI, RICHARD Reimb Medicare-February 503-1631-517.46-35 96.40 CLELAND, MICHAEL A Reimb Medicare-February 503-1631-517.46-35 96.40 GLENN, LARRY Reimb Medicare-February 503-1631-517.46-35 96.40 GROOMS, MICHAEL Reimb Medicare-February 503-1631-517.46-35 96.40 JOHNSON, DONALD G Reimb Medicare-February 503-1631-517.46-35 96.40 Disability Board-February 503-1631-517.46-35 720.77 JOHNSON,HARRY Reimb Medicare-February 503-1631-517.46-35 96.40 JORISSEN, ROBERT R Reimb Medicare-February 503-1631-517.46-35 96.40 LIND, DARWIN PETER Reimb Medicare-February 503-1631-517.46-35 96.40 LINDLEY, JAMES K Reimb Medicare-February 503-1631-517.46-35 96.40 LOUCKS, JASPER Reimb Medicare-February 503-1631-517.46-35 192.80 Disability Board-February 503-1631-517.46-35 11.11 MIESEL JR, PHILIP C Reimb Medicare-February 503-1631-517.46-35 92.40 MEDICAL REIMBURSEMENT 503-1631-517.46-30 66.80 . MEDICAL REIMBURSEMENT 503-1631-517.46-30 154.54 MEDICAL REIMBURSEMENT 503-1631-517.46-30 37.83 MEDICAL REIMBURSEMENT 503-1631-517.46-30 401.39 K - 33 Page 26 . . . City of Port Angeles City Council Expenditure Report From: 2/21/2009 To: 3/6/2009 Description P/R Deductions pe 2-22 OFFICE OF SUPPORT ENFORCEMENT P/R Deductions pe 2-22 P/R Deductions pe 2-22 OFFICE OF SUPPORT ENFORCEMENT-CJ P/R Deductions pe 2-22 PERS P/R Deductions pe 2-22 P/R Deductions pe 2-22 P/R Deductions pe 2-22 P/R Deductions pe 2-22 P/R Deductions pe 2-22 P/R Deductions pe 2-22 Vendor LEOFF Account Number 920-0000-231.51-21 920-0000-231.56-20 920-0000-231.56-20 920-0000-231.56-20 920-0000-231.51-10 920-0000-231.51-11 920-0000-231.51-12 920-0000-231.56-10 920-0000-231.55-20 920-0000-231.53-20 Division Total: Department Total: Fund Total: UNITED WAY (PAYROLL) VOLUNTEER FIRE ASSOCIATION WSCFF/EMPLOYEE BENEFIT TRUST Payroll Clearing Totals for check period From: 2/21/2009 To: 3/6/2009 Date: 3/11/2009 Invoice Amount 23,710.66 169.85 1,181.32 16.15 2,836.30 9,465.91 45,013.81 498.00 30.00 1,575.00 $85,070.00 $85,070.00 $85,070.00 $3,042,957.02 Page 28 K - 35 ~ORTANGELES WAS H I N G TON, U. s. A. . CITY COUNCIL MEMO DATE: MARCH 17, 2009 To: CITY COUNCIL FROM: STEVE ROMBERG, COMMUNICATIONS MANAGER SUBJECT: PENCOM SERVICE AGREEMENTS WITH CCRFP DIST. #1, #6, AND FORKS AMBULANCE Summary: The Clallam County Rural Fire Protection District #1, Clallam County Rural Fire Protection District #6 and Forks Ambulance have requested to enter into an agreement with the City to become a full member of Pen Com and receive dispatching services. Recommendation: Approve and authorize Mayor to sign agreements with Clallam County Rural Fire Protection District #1, Clallam County Rural Fire Protection District #6, and Forks Ambulance. . Back2round / Analvsis: Since December 30, 2008, PenCom has been providing dispatch services to these west-end agencies. Prior to that, dispatch service had been provided to these agencies by the Forks Police Department. The City of Forks became a member of Pen Com on October 1,2008 and closed their dispatch center on December 31, 2008. The addition of these agencies will provide additional revenue in the amount of$13,991 for 2009. PenCom has been providing this service without the need for additional staff. The PenCom Advisory Board has unanimously approved accepting the three new agencies as members of Pen Com. The agreement has been reviewed and approved by the City Attorney. . K - 36 I. I i I I I I I i . . rl.~ PENINSULA COMMUNICATIONS (pENCOM) DISPATCH AND COMPUTER RECORDS SERVICE AGREEMENT THIS AGREEMENT is made and entered into by and between the City of Port Angeles, (hereinafter referred to as lithe City"), and Clallam County Public Hospital District 1, (hereinafter referred to as "Member"). WITNESSETH THAT: 1. The Agreement. The Parties hereto acknowledge the 2004 IIPeninsula Communications (penCom) Dispatch and Computer Records Service Agreement," (hereinafter referred to as lithe Agreement"), as the basis for this agreement and incorporate it herein by this reference. 2. Joining of Other Members. Pursuant to Section V. of the Agreement, the Clallam County Public Hospital District 1 wishes to join PenCom as a member. 3. Bound by Agreement. In consideration of the services to be provided and benefits received from PenCom, Member agrees to be fully bound by all terms and conditions of the Agreement, and to accept and fully perform all duties and obligations of a Member under the Agreement. 4. Finances. In accordance with Section VII. of the Agreement, Member promises to pay all charges when due. Member agrees to pay an annual fee as set forth in Exhibit A of the Agreement, PenCom Funding Formula. 5. Key Officials. Pursuant to Section XI. of the Agreement and Exhibit C, Member designates the following person as key official for the Clallam County Public Hospital District 1: Clallam County Public Hospital District 1 cl /; ti. j': 0 .... K.:;' f!D H "11,1'1 I I. t /-k, 5.b I .J.... l.. 530 Bogachiel Way , Forks, WA 98331 Phone: (360) ,J 1- C{.' .2.11 . __Ema..U: e,tJ I-1ILf..l~ @ i='.tH"/<'S IIos/h.J~('_.__~~~ ., 6. Duration. This Agreement shall be in effect the 1 st day of January, 2009 and shall be perpetual and continue year-to-year as defmed in Section VI. of the Agreement: Duration, Termination and Remedies. . ". -1- K - 37 CITY OF PORT ANGELES Dated tbis _ day of December, 2008. Gary Braun, Mayor Attest: Becky J. Upton, City Clerk Approved as to form: William E. Bloor, City Attorney CLALLAM COUNTY PUBLIC HOSPITAL DISTRICT 1 .;ra.nu4"''f -too r Dated this ~ day ofD€cgmbe;r, 2008. ~ s (..o?!- /.hi,.., IIJ (oS ~,.. 4-1-o~. . Attest: Approved as to form: C:\Documents and Settings\sromberg\Desktop\Temporary desktop items\Pencom.ForksAmbulance.120508. wpd -2- K - 38 . . . . i. . PENINSULA COMMUNICATIONS (pENCOM) DISPATCH AND COMPUTER RECORDS SERVICE AGREEMENT TInS AGREEMENT is made and entered into by and between the City of Port Angeles, (hereinafter referred to as "the City"), and Clallam County Rural Fire Protection District 6, (hereinafter referred to as "Member"). WITNESSETH THAT: 1. The Agreement. The Parties hereto acknowledge the 2004 "Peninsula. Communications (PenCom) Dispatch and Computer Records Service Agreement," (hereinafter referred to as "the Agreement"), as the basis for this agreement and incorporate it herein by this reference. 2. Joining of Other Members. Pursuantto Section V. of the Agreement, Clallam County Rural Fire Protection District 6 wishes to join PenCom as a member. 3. Bound by Agreement. In consideration of the services to be provided and benefits received from Pen Com, Member agrees to be fully bound by all terms and conditions of the Agreement, and to accept and fully perform all duties and obligations of a Member under the Agreement. 4. Finances. In accordance with Section VII. of the Agreement, Member promises to pay all charges when due. Member agrees to pay an annual fee as set forth in Exhibit A of the Agreement, PenCom Funding Formula. 5. Key Officials. Pursuant to Section XI. of the Agreement and Exhibit C, Member designates the following person as key official for Clallam County Rural Fire Protection District 6: Clallam County Rural Fire Protection District 6 Jeff Baysinger, Chief 304 Three Rivers Road Forks, W A 98331 Phone: (360) 374-4330 Email: jbaysinger@centuryte1.net --.-------- .-... ________......__________n_____...._._ .___ __'OU''''h___ ..___.__._____ ___ ..__.."__ ...___. _.__._______...._____._,.._~ __ ...u. ...._.___.. ___.. _..___._ _ __...... 6. Duration. This Agreement shall be in effect the 1 st day of January, 2009 and shall be perpetual and continue year-to-year as defined in Section VI. of the Agreement: Duration, Termination and Remedies. -1- K - 39 CITY OF PORT ANGELES Dated this _ day of December, 2008. Gary Braun, Mayor Attest: Becky J. Upton, City Clerk Approved as to form: William E. Bloor, City Attorney CLALLAM COUNTY RURAL FIRE PROTECTION DISTRICT~ ,. f5 . Dated this.1.1-. day of December, 2008. f# Jr-7~- Attest: Approved as to form: C:\Documents and Settings\sromberglDesktop\Temporluy desktop items\Pencom.FD#6.122408.wpd .-2- K - 40 . . . .: . ~ . i. I. PENINSULA COMMUNICATIONS (pENCOM) DISPATCH AND COMPUTER RECORDS SERVICE AGREEMENT THIS AGREEMENT is made and entered into by and between the City of Port Angeles, (hereinafter referred to as lithe City"), and Clallam County Rural Fire Protection District 1, (hereinafter referred to as "Member"). WITNESSETH THAT: 1. The Agreement. The Parties hereto acknowledge the 2004 "Peninsula Communications (PenCom) Dispatch and Computer Records Service Agreement," (hereinafter referred to as "the Agreement"), as the basis for this agreement and incorporate it herein by this reference. 2. Joining of Other Members. Pursuant to Section V. of the Agreement, Clallam County Rural Fire Protection District 1 wishes to join PenCom as a member. 3. Bound by Agreement. In consideration of the services to be provided and benefits received from PenCom, Member agrees to be fully bound by all terms and conditions of the Agreement, and to accept and fully perfonn all duties and obligations of a Member under the Agreement. 4. Finances. In accordance with Section VII. of the Agreement, Member promises to pay all charges when due; Member agrees to pay an annual fee as set forth in Exhibit A of the: Agreement, PenCom Funding Formula. 5. Key Officials. Pursuant to Section XI. of the Agreement and Exhibit C, Member designates the following person as key official for Clallam County Rural Fire Protection District 1: Clallam County Rural Fire Protection District 1 Phil Arbeiter, Chief P. O. Box 118 Forks, WA 98331 Phone: (360). '''' 0 .. (j 372 - to 40 - ~J l./ LI '/ Email: Aa.efC"TfA. @..C€""Tu.'2.'" TEl. ~ 6'r .. .--.-_ .____________.. ...nu.....____...__..._. _... _. __.....__.._.... .._.._u.._. __._._... ___.. . ._._._ ..... ___. __...._._..~__ __._ ___ .._._._.. ._.___._.____._._ 6. Duration. This Agreement shall be in effect the 1 st day of January, 2009 and shall be perpetual and continue year-to-year as defIned in Section VI. of the Agreement: Duration, Termination and Remedies. -1- K - 41 CITY OF PORT ANGELES Dated this _ day of December, 2008. Gary Braun, Mayor Attest: Becky J. Upton, City Clerk Approved as to form: William E. Bloor, City Attorney CLALLAM COUNTY RURAL FIRE PROTECTION DISTRICT 1 . Dated this ~ day of December, 2008. o~ CL~ tH$'rIL\C't' c..w ~E ~ A~~~ . A t f& 1M f r. 7)i ST 1<-1 er ~C 'l-i3-v A I=- Y III Approved as to form: C:\Documents and Settingslsromberg\Desktop\Tempcrary desktop items\Pencom.FD#1.12.050S.wpd . -2- . K - 42 . . . ~r- .OR'III".')iN.'-G-IEIL' E,.iSi ~ .J! ); p j / I ~ ,'.D j J !.~' I . - : .. ! ~.. ] ..~. .. - ..L-._".-~ :-~ _____.H ...' .-. - j WAS H IN G TON, U. S. A. CITY COUNCIL MEMO DATE: March 17, 2009 To: CITY COUNCIL FROM: Dennis C. Dickson, Senior Assistant City Attorney SUBJECT: Agreement far Prisoner Confinement Services with the City of Forks SUMMARY: In order to resume housing the City of Port Angeles prisoners in the Forks city jail, it is necessary to enter into a contract between the City of Port Angeles and the City of Forks. The City of Forks provided the attached Agreement for Continued Prisoner Confinement Services with yearly cost adjustments based upon the consumer price index. RECOMMENDATION: Approve the Agreement for Prisoner Confinement Services with the City of Forks. BACKGROUND/DISCUSSION: The City of Port Angeles has contracted with the City of Forks for prisoner confinement services at the Forks jail since 1998. The City of Forks requested that Port Angeles suspend sending prisoners during 2008 due to personnel shortages at its jail. Forks has addressed its personnel shortage and is willing to again accept Port Angeles prisoners at the newly set rate of $60.00 per day. Although this daily rate is not significantly lower than charged by Clallam County, and means that we are less likely to send prisoners to Farks, it is nevertheless in the City's best interest to have the option of alternatives for incarceration available. The proposed contract provides for annual adjustment ofthe daily fee based upon Seattle Consumer Price Cost Index. The trigger date for adjustment is March 4,2010 and each year thereafter. Continuation of the Prisoner Confinement Services Contract with the City of F arks under the pro sed contract .mains a beneficial option for the City of Port Angeles. e . s C. Dickson Senior Assistant City Attorney DCD~d G:\LEGAL\MEMOS\MEMOS.2009\COUllcil.ForksJaiL030209. wpd K-43 FORKS CITY JAIL . AGREEMENT FOR PRISONER CONFINEMENT SERVICES This Agreement is made and entered into this _ day of , 2009, by and between the CITY OF FORKS, a municipal corporation (hereinafter "FORKS"), and the CITY OF PORT ANGELES, a municipal corporation (hereinafter "PORT ANGELES"). REPRESENTATIONS: 1. Pursuant to Chapters 39.34 and 70.48 RCW, FORKS and PORT ANGELES may enter into an Agreement, through their respective legislative bodies, whereby FORKS shall furnish jail facilities for PORT ANGELES prisoners upon such terms as may be mutually agreed upon. 2. Chapter 39.34 RCW specifies that cities are responsible for the incarceration of misdemeanor and gross misdemeanor offenses committed by adults in their respective jurisdictions, and referred from their respective law enforcement agencies, whether filed under state law or city ordinance, and must carry out this responsibility through the use of their own courts, staff, and facilities, or by entering into contracts or interlocal agreements to provide these services. Such contracts or interlocal agreements are required to take into account the anticipated costs of services as well as the anticipated and potential revenues to fund the services, including fines and fees, criminal justice funding, and state authorized sales tax funding levied for criminal justice purposes. . 3. PORT ANGELES and FORKS agree that the terms and conditions set forth herein are an acceptable basis for FORKS providing prisoner jail services to PORT ANGELES for persons committing misdemeanor or gross misdemeanor offenses. within PORT ANGELES limits. AGREEMENTS: 1. Availability and Funding of Adult Correctional Facilities and Services: FORKS agrees to furnish its facilities and personnel for the confinement, processing, and related services for PORT ANGELES prisoners in the same manner and to the same extent as FORKS furnishes said services for confinement, processing, and related activities of its own prisoners. FORKS jail facilities shall be made available and furnished for holding of PORT ANGELES prisoners serving imposed jail terms, subject to the conditions herein. Said facilities and services shall meet the requirements of all applicable state and federal laws. -1- . K- 44 . . . 2. Definition of a PORT ANGELES Prisoner: The term "PORT ANGELES prisoner" as used in this Agreement shall mean a person arrested by PORT ANGELES police and held and confined in the FORKS Jail, or otherwise held in detention as provided in this agreement, pursuant to a violation of a PORT ANGELES ordinance or a violation of a state law or ordinance which designates the crime for which the person is held to be a misdemeanor or gross misdemeanor. The term "PORT ANGELES prisoner" shall not include a person arrested for a felony offense by PORT ANGELES police, a person arrested on a warrant issued by another jurisdiction or for charges initiated by a non PORT ANGELES officer, or a person charged by the prosecutor with a felony or an attempt to commit a felony even if there is a plea to or conviction of a lessor offense. 3. Prisoner Confinement Daily Fee: A. Beginning March 01, 2009 PORT ANGELES agrees to pay FORKS a daily per inmate fee for the housing of prisoners in the FORKS Jail. The daily confinement fee shall be charged per prisoner for each calendar day or portion thereof, excluding the release day when a prisoner has been confined for more than one day. The base daily rate shall be $60.00 each. FORKS will house any PORT ANGELES prisoner who has a court commitment of 365 days at the special daily rate of $50.00 each day. 8. This rate shall be adjusted annually, based on the Seattle CPI-U. The first annual adjustment will be effective March 4, 2010 and each year thereafter. C. Prisoner fees shall be billed by FORKS each month and PORT ANGELES shall pay said fees within 30 days of billing. In the event of a mistake, the next billing after the mistake is discovered will be adjusted appropriately. 4. Partial Confinement and Alternative Confinement Proqrams: PORT ANGELES prisoners shall be considered for FORKS alternative and partial confinement programs on an equal basis with FORKS prisoners, and subject to the same rules and regulations, as well as potential sanctions, for program rule violations. Prisoner participation in such programs may be limited to an operational capacity as identified by FORKS. Alternative and partial confinement programs shall include, but not be limited to, Work Release and Work Crew. It is understood by the parties that the term alternative confinement programs shall not include electronic home monitoring. The City of Forks Jail, in cooperation with Peninsula Community College, offers a GED program to those inmates wishing to genuinely earn their GED. Where offenders pay a fee to FORKS for program participation, such fees shall be deducted from the confinement daily fee. -2- K - 45 Where PORT ANGELES prisoners are in a FORKS Work Crew assignment, they shall be credited with five days "good time" for each 30 days that they are assigned . to the Work Crew. "Good time" is earned, and not automatically "given". 5. Desianated Administrators: The FORKS Police Chief in consultation with the PORT ANGELES Police Chief shall administer this agreement. Each administrator or designee will consult with each other quarterly regarding costs, fees and charges and regarding changes in policies, practices, or procedures, which may affect the responsibilities of the other, and will try to resolve disputes between themselves or through their designated representatives. 6. Medical Costs: Medical costs for emergency or necessary health care for PORT ANGELES prisoners shall be the responsibility of PORT ANGELES. PORT ANGELES retains the option to contract with medical providers to provide medical services to PORT ANGELES prisoners. FORKS shall notify PORT ANGELES prior to outside medical care being provided for a PORT ANGELES prisoner; provided, however, that when emergency medical care is required in life-threatening circumstances, the notification may occur as soon as practicable. 7. Transportation: Transportation of PORT ANGELES prisoners to the. FORKS jail facilities will be provided by the FORKS Corrections Department as needed, but not to exceed one time per calendar week. FORKS Corrections Department will travel to a mutually agreed upon location for the pick-up. The one-way rate for transportation . shall be included in the daily prisoner rate. Upon release of PORT ANGELES prisoners, FORKS may transport the prisqner to the .Forks Transit Center. A one-way ticket to the PORT ANGELES area may be issued to the released prisoner. If the prisoner is needed for Court during incarceration in the FORKS jail, it will be the responsibility of PORT ANGELES to transport the prisoner from FORKS jail to Court, and return. 8. Transfer of Custody: PORT ANGELES law enforcement officers placing arrested persons in custody of the FORKS jail shall be required to remain in the immediate presence of the arrested person and shall be considered to have such person in their . sole custody until the FORKS booking/transport officer audibly states the prisoner is secured; at such time and only then, will FORKS come into custody of said prisoner. When custody of a PORT ANGELES prisoner is transferred to FORKS, the PORT ANGELES prisoner shall be subject to all applicable rules, regulations and standards governing operation of the FORKS jail, including any emergency security rules imposed by the FORKS Chief of Police or designee. Any PORT ANGELES police officer delivering a prisoner to FORKS jail shall comply with reasonable rules and regulations of the FORKS jail. -3- . K- 46 . . . 9. Release of PORT ANGELES Prisoner from FORKS Jail: No PORT ANGELES prisoner confined in the FORKS jail subject to this agreement shall be released except: (a) when requested by a member of PORT ANGELES Police Department; (b) in compliance with orders of the court in those matters in which the courts have jurisdiction; (c) for appearance in court; (d) for interviews by PORT ANGELES police or attorneys; (e) if the prisoner has served his or her sentence or the charge pending against said prisoner has been dismissed; or (f) as determined by the FORKS Chief of Police as part of a plan to reduce prisoner population as a result of facility overcrowding. 10. Record KeepinQ: A. FORKS agrees to maintain a system of record keeping relative to the booking and confinement of each PORT ANGELES prisoner in such style and manner as equivalent to FORKS records pertaining to its own prisoners. FORKS shall make available, upon request, to PORT ANGELES or its authorized representatives, copies of said records. B. FORKS agrees to maintain, and allow PORT ANGELES to inspect, records of all revenue and expenditures pertaining to the confinement services provided for in this agreement. 11. PORT ANGELES Access to Prisoners: All PORT ANGELES police officers, investigators and the prisoner's assigned counsel shall have the right to interview the prisoners at any time inside the confines of the FORKS jail, subject only to necessary security rules. Interview rooms will be made available to PORT ANGELES police officers in equal priority with those of any other d.epartment. 12. Equal Treatment of PORT ANGELES Prisoners: PORT ANGELES and FORKS prisoners will be treated equally for purposes of extradition, transportation, record keeping, and access to special detention programs. During situations where jail population exceeds maximum capacity, FORKS retains priority for the housing of FORKS prisoners. . . . . 13. Hold Harmless Aqreement: FORKS assumes full responsibility for the welfare, safety and safekeeping of all PORT ANGELES prisoners while in the custody of FORKS. FORKS agrees to indemnify and defend PORT ANGELES against and hold PORT ANGELES harmless from any liability, claims or causes of action which may arise as a result of the performance by FORKS of its responsibilities under the terms of the Agreement. PORT ANGELES agrees to defend, indemnify and hold harmless FORKS, its officials and employees against all demands and causes of action related to FORK'S performance of its responsibilities urider this Agreement, resulting from any alleged -4- K - 47 illegality or negligence by PORT ANGELES, its officials and employees, regarding any transportation of PORT ANGELES prisoners to and from FORKS facility by PORT . ANGELES personnel, the lawfulness of housing any PORT ANGELES prisoner in FORKS facility, including but not limited to, false arrest, unlawful imprisonment and writs of habeas corpus proceedings, and the performance by PORT ANGELES of its responsibilities under this Agreement. 14. Duration of AQreement: This Agreement shall be effective on March 01 2009, and said Agreement shall be in effect for a period of three years, renewable annually. This Agreement will be renegotiated every three years. The Agreement may be terminated upon written notice by either party with a minimum 90 days notice. The notice shall state the grounds for the termination .and the specific plans for accommodating the affected jail population (per RCW 70.48.090 as amended) 15. Disputes: Disputes relating to the interpretation or administration of this agreement that cannot be resolved by the representatives designated herein shall be referred to the FORKS Mayor and PORT ANGELES CITY manager or their designees for settlement. 16. Severability: If any provision of this contract shall be held invalid, the remainder of this contract shall not be affected thereby if such remainder would then continue to serve the purposes and objectives of both parties. DATED this _ day of 2009. DATED this _ day of 2009. . City of FORKS City of PORT ANGELES Mayor Mayor APPROVED AS TO FORM: APPROVED AS TO FORM: City Attorney City Attorney -5- . K-48 . ~.....II.'.........~Of. JRI ~TI~; /.'.. N. i'Gr 'EL,E:S...,~ __~ ,". ,... .. ',. .... . ..,,';J n_' '.....,.....1..... ' ..," 1 V , 'n.' S _., WAS H I N G TON, U. S. A. CITY COUNCIL MEMO DATE: March 17, 2009 To: CITY COUNCIL FROM: BECKY J. UPTON, CITY CLERK SUBJECT: REAPPOINTMENTS TO CITY BOARDS & COMMISSIONS Summary: Various terms of office on City Boards, Commissions, and Committees expired as of February 28, 2009, and it is timely to make reappointments and identify those vacancies that will need to be filled. ' Recommendation: The recommendations are set forth below. . Back!!round / Analysis: Planninl! Commission & Board of Adiustment: The term of office for John Matthews, Planning Commission, and John Teichert, Board of Adjustment, expired as of February 28,2009. The City Council Rules of Procedure stipulate that the Council will interview each applicant. However, it has been difficult to schedule the candidates for an interview with the Council. Both individuals submitted updated applications as per the attached, and they expressed interest in being reappointed. They have proven to be significant contributors to the deliberations of the Planning Commission and the Board of Adjustment, and the Department of Community & Economic Development wholeheartedly supports their reappointment. Recommendation: By separate motion, waive the in-person interviews of John Matthews, Planning Commission, and John Teichert, Board of Adjustment. Recommendation: Reappoint John Matthews to the Planning Commission and John Teichert to the Board of Adjustment, both for the period, March 1, 2009 - February 28, 2013. Parks. Recreation & Beautification Commission: Terms of office for Jean Hordyk and Penny Pittis expired as of February 28,2009. Both individuals expressed interest in reappointment, and their updated applications are attached. The Parks, Recreation & Beautification Commission forwarded a favorable recommendation for reappointment. . K -49 City Council March 17, 2009 Page Two Recommendation: Reappoint Jean Hordyk and Penny Pittis to the membership of the Parks, Recreation & Beautification Commission for the period, March 1, 2009 - February 28, 2013. Public Safety Advisorv Board: The terms of office for three members of the Public Safety Advisory Board expired as of February 28,2009. The three members are Dennis Wilcox, Leonard Beil, and Joseph Girard. All three are eligible for reappointment; however, Mr. Beil and Mr. Girard opted not to seek reappointment. Dr. Wilcox has expressed interest in reappointment, and his updated application is attached. The Public Safety Advisory Board forwarded a favorable recommendation for Dr. Wilcox' reappointment. Recommendation: Reappoint Dr. Dennis Wilcox to the membership of the Public Safety Advisory Board for the period, March 1,2009 - February 28, 2013; and direct staff to seek applicants for the positions vacated by the departure of Mr. Beil and Mr. Girard. Lodeine Tax Advisorv Committee: A recommendation as to reappointments to the Lodging Tax Advisory Committee will be submitted to the Council in the near future. Attachments K - 50 . . . . MEMO COMMUNITY & ECONOMIC DEVELOPMENT Nathan West Director 417-4751 Sue Roberds Planning Manager 417-4750 Scott Johns Associate Planner 417-4752 . Dan Bialzik Assistant Planner 417-4804 Jim Lierly Building Inspector 417-4816 Linda Pangrle Permit Technician 417-4815 Patrick Bartholick Compliance Officer Building Inspector 417-4712 Derek Beery Archaeologist 417-4704 Fax: 360-417-4711 . FORTANGELES WAS H I N G TON, U. S. A. DATE: March 12,2009 TO: Becky J. Upton, City Clerk Nathan West, Director NU FROM: RE: Reappointment of Planning Commission and Board of Adjustment Member This memorandum is written to strongly suggest that the City Council reappoint John Matthews to the Planning Commission and John Teichert to the Board of Adjustment. John Matthews has fulfilled a first term appointment to the Planning Commission, having been appointed in March, 2005. He currently serves the City as Planning Commission Chair. John has spent this first term becoming familiar with City policies and procedures and has been an avid learner. John's dedication to the community is evident in his enthusiastic participation on the Planning Commission. John Teichert has served the City as a member of the Board of Adjustment since April, 2001. The Board's directive is not a well known operation of City government, and it can therefore be difficult to fill member positions. John's understanding of construction standards makes him a very good Board Member. His commitment to the community is evidenced by his desire to continue to serve as a Board Member for a second term. Please contact Sue Roberds or myself if you have any questions, or iffurther information is needed. K - 51 January 7,2009 Becky J. Upton, MMC City Clerk Dear Becky, l[] ~ <<;~ nr ~ ~ ['U .-12009 ~ CITY OF PORT ANGELES CITY CLERK PI~aseforward this letter and Application for Appointment to the City Council for consideration ;--..:for'my reappointment. I am interested in reappointment for another term of office with the City Planning Commission. Wow, where has the time gone my term of office went by so quickly? I really enjoyed the opportunity and experience I received while serving on the City Planning Commission. It was fun I look forward to another four year term, Thank you. Sincerely, 9~(~~ John C Matthews, Chairman City Planning Commission ----.-.. ., K- 52 . . o . .r . . . ~ORTANGELES WAS H I N G TON. U. S. A. Application for Appointment to a Board, Commission, or Committee Board, Commission; or Committee to which you are seeking appointment: p lo.,V\ \'\ I't", 9 CO rY\'vY)I'-& S I ~ n Board or Commission Full Name Applicant Name and General Information m 0.. tth e w.s' First .C- MI Last 5/? E Home Street Address /DH- s.f'-"r!~1- porf. AV9'1!/':>S City wrt 9?36:L State Zip Code 31:.0- 4 S-,).. - L/ 3)).. ~/'l 75'8'3 - 0- pl"l'v'~+e I,~ ~ Work phone number Home phone number E-Mail Address:~~W\.: I ::> ~_ ollj p el'"\ 0 eO Y1 Date of Birth (To be completed only by applicants for Law Enforcement Advisory Board for purposes of criminal history check to ensure compliance witb 2.26.020 PAM C) Certification and Location Information (Circle one) Are you currently a City employee? Yes 8 Are you a citizen of the United States?@No Are you a City resident? @NO Do you own/manage a business in the City? Yes @ Do you hold any professional licenses, registrations or certificates in any field (list below)?~NO A- cf- P '1 \ c.~~S<- fh', v"\.k p, I",\- \;, C:n\<.. Are you aware of any conflict of interest which might arise by your service on a City Board or Commission? If so, please explain: ..A/DML=- In compliance with the Am,erican Disabilities Act, if you will need special accommodations because of a physical limitation, please contact the City Clerk, 417 -4634, so appropriate arrangements can be made. (OVER) K - 53 '. ". Work Experience List most recent experience first (or elaborate on a resume if you prefer) I. U c:" Pos..~l S't? v-v;, e... Employer ela~ .YourTitle 0?-/1 'I . From (M/Y) a.... J Y>'H1o..'l I I" ,^e5~""')-' To (M/Y) d i ',).J- rll,.<-}.~,,", . C v?>lomer S''''Y'Vlr-e Brief job description W'Y1duw Of O'V'c.t.6", 2. uS it ;:::. Employer Your Title 1')- )3 From (M/Y) I '). -''1"3 To (M/Y) Fi','il~ t?N"J.nee.... Brief job description 3. Employer Your Title From (M/Y) To (M/Y) Brief job description Education List most recent experience first I. (Io..noVlVt'l'~ C.:;I(~'<J( Ofl-t-t.lfi-"'FO~t~ ,!}-.ttS'.. InstitutionlLocation Credits earned/Major area of study ~o Graduated? 2. Sv",,",'1<; \'Ol.. I+.;\.. $c..."'cu\ InstitutionlLocation T(,'6-~()i"\ .4-2. Credits earned/Major area of study eNO Graduated? . Yes No 3. InstitutionlLocation Credits eamed/Major area of study Graduated? Charitable, Social, and Civic Activities and Memberships List major activities you have participated in during tbe last five years 1. R ~\'\c.J (!OV',\yY\i1+~.C 0 ;;"-3D Organization and location # of members ..,.).. ~" e {"e 1.,' !: ,",~.J 2. Organization and location Group's purpose/objective # of members Brief description of your participation Why are you interested in serving on this particular Board or Commission? r ().-,y- 4 n:'on~ '1 <e.CV's . '-rJ;.e..- r uJ; II moo,/Q ('0' .'^~.....\ pos,~.;,,,, co WoI'" +- -k. .$~rll<f. 0.... """''1J. ~ N't c;/..., (OVER) . K - 54 .r . What in your background or experience do you thjnk would help you in serving on this Board: CU:l'r~,.....'1 '11't1 I,-e C,",c;..,.",,,,,, oF-. . - c.."J;.. ... V\ e COW\V't'\ISS (J~ o.",J h....ve S~'I"v<J &" I-l. P/'I""',;;,'j ('OVYIm,'lSIl:'" -P<,v .~,:;"" y,-c,,,,,,~ What is your ~nderstanding of the responsibiliti~s of this particul~r Board/Commission? , .3 I ~ S .J--id.:, PI '/> ~ . /.., '1f:AIr-; 0' ei'"VjC'~ ""In' . a.o'\t'\.....r 1..C'.,.,....i'h.s. iOI~ Please feel free to add any additional comments you might wish to make regarding your application: ~ e rrrM'~'~ A licant Signature Df -oS- - ;)-00'/ Date Submit completed forms to: Office ofthe City Clerk City of Port Angeles 321 E. 5th Street P. O. Box 1150 Port Angeles, Washington, 98362 12/08 . . K - 55 ~ City of Port Angeles 321 East Fifth Street Port Angeles, W A 98362 - ~<C~~~~~ 0 n JAN - 5 2009 CITY OF PORT ANGELES CITY CLERK January 5, 2009 Ernest J Teichert 3425 McDougal Avenue Port Angeles, W A 98362 360457-1573 Thank you for your letter of January 2, 2009 regarding the Board of Adjustment I have enjoyed my service on this Board over the last several years. It is an opportunity to be involved with the development ofthe City and to assist community members in the use of their property. I am very interested in a reappointment to the Board of Adjustments upon the end of my present term which ends on February 28,2009. Your consideration for this reappointment is appreciated. Sincerely, . cw~ Ernest JOh~ Teichert K- 56 . . . / . . . " 'l' ~ORT ANGELES WAS H I N G TON, U. S. A. Application for Appointment to a Board, Commission, or Committee Board, Commission, or Committee to which you are seeking appointment: ~lit\ OF<f6.1;( h~C1~~~ . ~ fX ~os;r\~~ Board or Commission FuB Name Applicant Name and General Information /' t-~t-\esr ~ /f :elcttsq- First MI Last 34'26 r\cI~o~~ ~ Home Street Address ~~ ~~~ '3(d) Lf~1 I S1~ ~ g8%'2 City State Zip Code /J.ifD 6h'5 2qi B Home phone number Work phone number f;..j -r q @ Co?'Hew..-, ~ptJ E-Mail Address: Date of Birth (To be completed only by applicants for Law Enforcement Advisory Board for purposes of criminal history check to ensure compliance with 2.26.020 PAMC) Certification and Location Information (Circ!e one) Are you currently a City employee? ves@ Are you a citizen of the United States~ No Are you a City resident?@ No Do you own/manage a business in the City?eO Do you hold any professional licenses, registrations or certificates in any field (list beIOw)?@NO . ~lTecr Are you aware of any co ict of interest which might arise by your service on a City Board or Commission? If so, please explain: In compliance with the American Disabilities Act, if you will need special accommodations because of a physical limitation, please contact the City Clerk, 417 -4634, so appropriate arrangements can be made. (OVER) K - 57 ~ \ Work Experience List most recent experience first (or elaborate on a resume if you prefer) L ~McM~-P~t6a:.ulC:e A~l\t?d-''P~fl~~~ 6l(l4CZQ W~ Employer Your Title From (MN) To (MN) M~f'oOIg ~Hl-lt'""1I-:pes~H I t:~() ~~5.nwa1W .~ 14 we?TelW Brief job description t4~~f'I"t.- ~~ An~~ i . 2. Employer Your Title From (MN) To (MN) Brief job description 3. . Employer Your Title . Fro'm (MN) To (MN) Brief job description Education List most recent experience first 1. t..M1vaz:St~ CR ~~~ InstitutionlLocation J~ . 8fp ~t"\\~l~-ftl1~ Credits eam~dlMajor area of study Yes~ InstitutionlLocation l55 / }&:eH: I rec:tlJrce Credits eamedlMajor area of study Graduated? (9) No 2. ~ U~lU~l~~' Graduated? . Yes No 3. InstitutionlLocation Credits eamedlMajor area of study Graduated? Charitable, Social, and Civic Activities and Memberships List major activities you have participated in during the last five years I. ~~~ ~ &mM~1:~ SetWlCs ~5 Group's purpose/objective # of members Organization and location ~oe t1elv\13~ Brief description of your participation 2. CPr(."r\-f'~CH. ~~~ Organization and location ctout1\ ~ /) Group's purpose/objective # of members Utt:P(\lie ~ lUS ~rBfd,L. Brief description of your participation Wby are you interested in serving on tbis particular Board or Commission? * '1'q3L..lC- ~vlCE ~ -?\ZO..Jl"PE ~~T~~ ~ Ci}MMlYfJ-ttl( .-to N3l~ i3L{ ~~ ?:ttiOLAttlM)) * \U:~P..eiU l..t.Jl11\ (,ffi'V\Mu~I't1.{ l~ A. ~tno? I ~I ~~~oa M~~' . ~ 1.~'G?I\l. 'L.. 6/TU .. ) \X>~ 1:P(:fq~~4 ~.. (OVER) K - 58 " "Y .' i . . . What in your background or experience do you think would help you in serving on this Board: - ~kt~()~ ~tu:roj.:l'D (J.,J ~jJ1M, ~lq~ /ld1Jf\ I'~ ~\ftL}etto.u -. {..h')o~ueMe-N1 It-J ~ C1rM\V\0~ltv/ What is your understanding of the responsibilities of this particular Board/Commission? Let1~ 1<.U.~P~1\'t1~ ~ ~Pu.ef<nW ()~ ~ ('_i~ IS ir[(J).)\J.-C?A ~qo~(\J\j~ , Please feel free to add any additional comments you might wish to make regarding your application: . . .- ~ &10n P c}e" 10 eH,.)~ lJ)~ (jj mt- --rl-R r=e-OPLE I ~ '"'Lfte ~neS. <:P[A1.)tU..0( 4> BOLLP4 ~M~~ -/ ~ ~\.A.jDl,.l 'ftZo~{CWf>.t.L./..{-YO i1te" ~l"n"'2.6P S bF .t1\{? ccn-l 81(D4/tzlXJ1. Date Submit completed forms to: Office of the City Clerk City of Port Angeles 321 E. 5th Street P. O. Box 1150 Port Angeles, Washington, 98362 12/08 K- 59 o ~ w ~ Date: To: From: Subject: :BOD.T ANGELES WASHINGTON, U.S.A RECREATION February 23, 2009 Becky Upton, City Clerk Richard Bonine, Deputy Director ofRecreation~ Appointment to the Parks, Recreation & Beautification Board It was recommended by consensus of the Parks, Recreation & Beautification Commission to re-appoint Chairperson Jean Hordyk and Commissioner Penny Pittis to the Parks, Recreation & Beautification Committee. Please see attached applications. K - 60 . . . " . . . o ~~~~~~fR) I_ 2 3 ~ I~ CITY OF PORT ANGELES . CITY CLERK ~ORT ANGELES WAS 'H I N G TON, U. S. A. Application for Appointment to a Board, Commission, or Committee Board, Commission, or Committee to which you are seeking appointment: fA t-k () :,' .6B,vTi P/c.,?-l1~,J 6>/1J/l7/'J5/d,tV Board or Comm'ission Full Name Applicant Name and General Information JltJ~/')';/C. ~/hU c.- lll-"}T; First / . MI 1/ Z, z.. (' 96 Home Street Address ];asr- '-(1,,[ /l~G GI61 City It/It State f?f ,/&. Zip Code 3tp 'i/:5]'/L!J~/ Home phone number ' 3(.~ ~'l57- v.3'// Work phone number E-Mail Address::!) (JMr''''''' € ~~i//E,v.t:~1"" Date of Birth (To be completed only by applicants for Law Enforcement Advisory Board for purposes of criminal history check to ensure compliance with 2.26.020 PAMC) Certification and Location Information (Circle one) Are you currently a City employee? Yes.Q Are you a citizen of the United States? c9NO Are you a City resident'!CX:;tNo Do you own/manage a business in the City? Ye~ Do you hold any professional licenses, registrations or certificates in any field (list below)? Yes No A-u.e/l-/7tJ~ AVD PIJ~t:s ~()P1I,v~/~,II-7/o-V /11,J-itJ!r? .fk., 8J'J16Jl.w W~/l iI. v Are you aware of any conflict of interest which might arise by your service on a City Board or Commission? If so, please explain: 7ZV In compliance with the American Disabilities Act, if you will need special accommodations because ofa physical limitation, please contact the City Clerk, 417-4634, so appropriate arrangements can be made. (OVER} K - 61 ::.1: .: ,; ',:J ')) ~~;'- ;:~~;11 ~ c- ':-...' c.. I . f , . -..... "- -, II . I ',\.J, . '" c ~ Work 'Exper.i'e~ce .' ; 'J ~q. . List most recent1expenence first (or elaborate on a resume If you prefer) . . ----.', ,! J .,Ie- '7i~: '12.~~ i #~,~ li.,t'.--'LJ ::ul!iJZJ"..; TV tJi:liTPn)~ /Jop;U /h.ree-/''/},v d-(If:~~ QS".IJ~ - j7~s e vT Employer' .... Your Title From (M/Y) To (M/Y) .. . t.' ~ .. ;tI s,re.l1,!? ll~' i3.~":'/JM'>' of '~Hi&$I': ; ,/,?,d .fi'()u05 l.. 1-'O"'.fJt;~/S Brief job description 2. a.. iT ,-or jJp",r 11',VG Employer 65 SG ~c'" etlt-'TZH- iJ/L6l. '-17"- Your Title /I lCl... Fro (M/Y) 01!, t,'z.- T6 (M/Y) AM /;'f7&$ ..f SGJ-Il>- (!.cPK:? 3. Employer Your Title From (M/Y) To (M/Y) Brief job description Education List most recent experience first ~NO I.Fop, j.W ,s#r,'A-(!e7#Jo.Jr-,LIt 11/1'1 t. 6JJJ?;.e ~fJ luT?,. (;~ InstitutionfLocation Credits earned/Major area of study Graduated? 2. Efr'~7'2f"'JI (.,I/,H/~lf~;/ tJ, Institution/Location g-S Credits eamed/Major area of study ~o Graduated? . ~ . 3. -.J p,v'tY5"..b ~",II~-<- InstitutionfLocation /HI" Credits eamed/Major area of study ~o Graduated? Charitable, Social, and Civic Activities and Memberships List major activities you have participated in dur!ng the last five years '5r;'<;.II(-d 'j] e~ r -Pc/. tVtMlo--./ 7' e,/J I in! 0'4) Group's purpose/objective .5?f 1. Svtcpn"",-, T -:J6FSc.r Organization and location # of members f},sT ft~S'.P6II, cel7iA7/n-cI! Brief description of your participation Off/mIle r?16/J1t;; t!.c"T6,.. 2. ~RI,l1. s~....~1!: Organization and location t..hAI,(.. t;'~ ''2/'''''-00; ()tJ /1';/9 l(toA jf], c.JlIC.('f; Group's purpose/objective &/1. r !ce..;ri>ty/ C!.iAl1/l-?7r tc,,"';ry # of members I)l'il/!..U ('omml",~.h!:'././6d - ~~~l, (.11':1<' I~ 'i3",f-Hj CjM"~ i;}.Af-t. $. Brief description of your participation Why are you interested in serving on this particular Board or Commission? (OVER) . K - 62 " . What in your background or.experience do you think would help you in serving on this Board: . "" ~.d-~.u-, '1(l~ 7p;r ~ ~ ~IhATuw ~. ~At.6'aJ-M/~M-'.J r;..,..at" JOr:J,.rL/!l.i.Jd, ~ nu-mL...4v-1 (I~ l' ~~ I ";rJ ~ r:X3',t?7 , - D~e Submit completed forms to: Office of the City Clerk City of Port Angeles 321 E. 5th Street P. O. Box 1150 Port Angeles, Washington, 98362 12/08 . . K - 63 fD) ~CC~~~[EfR\ lrU J\N I 2 2009 ~ January 12, 2009 CITY OF PORT ANGELES CITY CLERK City of Port Angeles Parks, Recreation & Beautification Commission 321 E. 5th St. Port Angeles, Wa. 98362 Re: Appt. for Parks, Recreation & Beautification Board To Whom It May Concern: This is to inform you that I am submitting an application to once again be on the Board for the above listed committee. I have enjoyed my 2 yrs. on this board and would consider it a privilege to remain on it for another term. Sincerely, a ~..' \ ~ ~.....o Penny PittisG Pp Ene!. K - 64 . . . . . pORTANGELES WAS H I N G TON. U. S. A. Application for Appointment to a Board, Commission, or Committee Board, Commission, or Committee to which you are seeking appointment: ?n,r$S QE:.c.,eQ~'o..v 'i\ 6'C..ou t~ .(;\c..C'...+;o..J CO....v....0~\~, oJ Board or Commissi06 FuB Name Applicant Name and Generallhformation . -:::> .~ . \- (2..1/"\(\'/ A. '\ i+\-\ S First MI Last '?O 60X 30Y J. C 1~7 ?0.r K. tA:ve..... ') K. Home Street Address ~)r-+ . City l.uA. A V)~ Q... \e...s , State 3<:'0- 457--3078 Home phone number 9d~:< Zip Code /\J)A Work phone number E-Mail Address: ~ 'P '\-\-\- \ S Q, 0' '/ P ~.0 . C-()vY$ Date of Birth (To be completed only by applicant~ for Law Enforcement Advisory Board for purposes of criminal history check to ensure compliance with 2.26.020 PAMC) Certification and Location Information (Circle one) Are you currently a City employee? Yes ~ Are you a citizen of the United States? @ No Are you a City resident-G No Do you own/manage a business in the City? ye@ Do you hold any professional licenses, registrations or certificates in any field (list below)? Y es ~ Are you aware of any conflict of interest which might arise by your service on a City Board 'or Commission? Wso, please explain: 00 It J E In compliance with the American Disabilities Act, if you will need special accommodations because of a physical limitation, please contact the City Clerk, 417 -4634, so appropriate arrange1l1ents can be made. (OVER) K - 65 Work Experience List most recent experience first (or elaborate on a resume if you prefer) 1. p o..r \-\1 I. ~ f e..- Grid les, t Employer ':) . \ c.~.\- Your Title ~Url~/oS From (MIY) - Cur re.'"""l t To (M/Y) . CAd \ es c,^ o+"'er- \ \-~VV"IS +0 2. Employer Your Title From (M/Y) To (M/Y) Brief job description 3. Employer Your Title From (MIY) To (M/Y) Brief job description Education List most recent experience first I.Ven '"r"'\ Institution/Location +- W~ \~.... Cel~. ~No cYOO Graduated? ~o 19 Graduated? . Yes No 3. Institution/Location Credits earnedlM ajor area of study Graduated? Cha~itable, Social, and Civic Activities and Memberships List major activities you have participated in during the last five years ~ Q ~c.. e... .F '0,"\ Va ~e # of members Group's purpose/objective Oolul"l+-~eJ C+ S~ue..\O \ y()u-+~ Brief description of your participation ("1..1 c.. f, L)" + ~ E'S -tl., \'U \./r. / 2. \=",C,", ~ \:,.0 '?\O Organization and location ~()u4-L. G c:,-.~, ,-h'~~ G up's purpose/objective D)C)o # of members O(')\v......+~~r .(;)r <2UE't"\-TS S~Q..~ OS: Grc.......c.lpC\.<?,.....+s. \::)~>') Brief description of your participation G-crdeA 'I~ C/H"\j be\{ e... S-C-l 'e.~ Why are you interested in serving on this particular Board or Commission? T \.. c' -+~ \S vet:v ~ (OVER) . K - 66 . . . wb~~om~groiiit~; woo~~~srg;::": B~;;' ~ \ .~ - ~: -\- : l ~ . 1\ r"', ~ c.:~~ (~c;: \.'. '0.(\+ ,'". ("'-)+0 b{)(J~d What is your understandin'g of the responsibilities of this particular Board/Commission? T his is Cr, a dY~<'.?:T-~~~~GA('l Gc';.,J -S!~~~f<1'1'+~ -r4~" -S"<':~ ~n -+0 .r-~:" '*E2 ~~/lr',i '~C'I' ~'E>C' \'~~ ll). Please feel free to add any additional comments you might wish to make regarding your application: ~ ~ y~~ "4:!~ Applicant I ature j-I&-oq Date Submit completed forms to: Office ofthe City Clerk City of Port Angeles 321 E. 5th Street P. O. Box 1150 Port Angeles, Washington, 98362 12/08 K - 67 : (3/11/2009) Becky Upton ~Reappoiritment L...C. From: To: Date: Subject: Dan McKeen Upton, Becky 3/11/2009 3:37 PM Reappointment cc: Barnard, Alan; Gallagher Terry Becky, On behalf of the Public Safety Advisory Board (PSAB) chair, Terry Gallagher and myself, we recommend the reappointment of Dennis Wilcox to the PSAB. If you have any questions regarding this recommendation, you can contact either Alan Barnard, Terry or myself. Thank you! Dan McKeen Fire Chief 417-4651 dmckeen K - 68 Page-TI . . . J~ . l! .Q .. i~ . ;-~ ;. . ,< !5l ~<<::~n~~~ I~ JAN - 1 2009 \!:V ~ORT ANGELES WAS H I N G TON. U. S. A, \ Application for Appointment ~o a Board, Commission, or Committee Board, Commission, or Committee to which you are seeking appointment: ,', Pt.L.b!, Co- Sit F t; TV Board or Commission Full Name / I'f-D V, S 6 i!...{/' I ;s 0 ft-l~-b l' ! '~ Applicant Name and General Information bc<" no r7.1"'5 First L. MI fAl/ Ie t!J K Last "f' . 2 z. I Po X. Po "..v / i2..J Home Street Address .;' , -PO~.f 4/lJ60- City Zip Code State I' BCD -~/o7- S-'2 t:> ~ Home phone number ,3G..cr- ~6-;J - /~?b Work plione number E-Mail Address: c,k'~.I1Ao...bc-, @ Q~)-eJ7\+-O~C.67 I ne~ f- Date of Birth I (To lie completed only by applicants for Law Enforcement Advisory Board for purposes of cr.lmlnal history check to ensure compliance with 2.26.020 PAMC) , Certification and Location Information (Circle one) ,~ Are you currently a City employee? Yes @ Ar~ you ~a City resident? Yes 6 Are you a citizen of the United Stales? @ No Do you own/manage a business in the City? ~ No Do you hold any professional licenses, registrations or eertificates in any field (list below)? e No DU~. VI5 I Are you aware of any conflict of interest which might arise by your service on a City Board or Commission? Ifso, please explain;' III cJ ' : ' , In.tomp1illncd~tjtl:! the American Disabilities Act, if you will need special acc,?mmodations because ofa physical limitation, please conlact the City Clerk, 417-4634, so appropriate arrangements can be made. (OVER) K - 69 ',t ..r f I I . ~! ~ I -.. 'i tti!1 Work Experienc;e iii List most recent'fxpeh~nce first (or elaborate on a resume if you prefer) r..' ..:)Y': . ~.:.."~p';'trrk" ...:. t-lJ/te_N'-' . 9- 8"Q .. -EInplby'e'r ~ .:.d._. Your Title 'U~~~CLry-(~0- . Brief job description 2. (f'Y1l--11t4(;(J) M~ j fLrJ J ~ ~~fLD/.U)&.. I-)Y" 7-''d6 Employer Y our Title I From (MN) To (MN) l) ~~ W.CLYLC.~ Brief job description From (M/Y). pr-e~" To.(MN) . . 1..._. 3. Employer Your Title From (MN) To (MN) . Brief job description Education Li: most ;~cent ejxperience first . III _ ~ '@NO 1~ ~ A.l M{j }Q') rt C-u... J!1"f e lfcJ LLII ( tJ . M.:5 (To) uU InstitutionfLocation q Vt. U. QJv\.. 2 \..t 6;ed~~~ajOr area of study. Graduated? . @NO Institution/Location 2. LUA. '5/: u u./J 3.LUW5 ~ Graduated? 6) No . Graduated? Charitable, Social, and Civic Activities and Memberships List major activities you have participated in during the last five years 1. hQuJ ~ ~ 1t:l)Vl Organization and location ~CL--rJ Group's purpose/objective \)~d.(tL - ( # of members A\D ?A.:pj:) Brief description of your participation 2. (' c-. N- S N-U--I/vt~ LID ~ . Organization and location Group's purpose/objective \? f'\Q.- ~ ~ ~()tH2]) Brief description of you partIcIpation ? f # of members /4 vtiD I @ 1~B-6 - z.ct:)O Why are you interested in serving on this particular Board or Commilision? IAJ f '5 H. '7r" c...(j~ .,t:..;A~ .c:::;~_v LY~;> ~ )LU.R. bCiCLrc( /7(iU) lA1 Uo ( v-e. d Lv -~-f.-t.~ r v.. L U(' ~a ~ tj... P6~'" L fK" v"'hc1jJUrnC' hues h~L.-r7 h~ ';;'?>J~/) ~ ~ //7/17.' (OVER). I K -70 . . . , .. What is your understanding . f the responsibilities of this particular Board/Commission? . 72> 65:'- c:r---1 . . , .. ~/ .. .~ -\.l=.-t c ~'^ 7 7-;\ pu '"+- .p If Ph Please feel free to add any additional comments you might wish to make regarding your application: Q-n)l~~ Applicant Signature N5 s- la /l/C IJ I Date U Submit completed forms to: Office of the City Clerk City of Port Angeles 32] E. 5th Street P. O. Box 1I50 Port Angeles, Washington, 98362 12/08 .-..... K - 71 DATE: To: FROM: SUBJECT: :BORT ANGELES WASHINGTON, U.S.A CITY COUNCIL MEMO March 17,2009 CITY COUNCIL DAN MCKEEN, Fire Chief & Emergency Management Coordinator Public Assistance Grant Agreement (Grant No. D09-010) Summary: The Public Assistance Grant Agreement (Grant No. D09-01 0) would authorize State and City personnel to begin the assessment process and complete the financial reimbursement process for storm damage suffered by the City between January 6th and 15th of this year. Recommendation: 1) Authorize the Mayor to sign the Public Assistance Grant Agreement (Grant No. D09-010) with the Washington State Military Department, and 2) Adopt the Designation of Applicant's Agent Resolution. Background/Analysis: During the period of January 6-15, exceptionally high tides and winter storm events coincided to cause landslides which closed the waterfront trail at various locations between Ennis Creek and Morse Creek; a landslide that undermined a retaining wall foundation on Tumwater Street; erosion damage to the slope protection at the 500 block of Valley Creek; and unanticipated overtime expenses due to the landslides that severed emergency communication lines. A Presidential Declaration was signed on January 30, 2009, designating the storm as Disaster 1817 - Janumy 2009 Severe Winter Storms. The City has filed a Preliminary Damage Assessment citing damages of $172,300. The final cost of damages may be higher as further damage is made known and more precise estimates are prepared. FEMA funds are available for flood fighting and damage prevention as well as for post-flood damage recovery. Generally the cost is shared on a 75:25 basis with FEMA paying the majority share. Additional funds may also be available for Damage Mitigation to prevent or minimize future damage for damage prone areas. The first step in initiating the damage claims is for the City and the State to enter into a Public Assistance Grant Agreement - a copy of which is attached to this memorandum. In addition, the City is required to specify authorized representatives to execute project documents and support the processing of claims. The completed agreement and Applicant's Agent Resolution will authorize State and City personnel to begin the assessment process and complete the financial reimbursement process. It is recommended that the City Council authorize the Mayor to sign the Public Assistance Grant Agreement and adopt the resolution authorizing a representative and alternate representative. Attachment: Map, Grant Agreement and Designation of Applicant's Agent Resolution . ro ___-._ _._1 .J__ _I.___U .4.. n....,.,...__.............,...\r"'.......,...;l f\A~n..."C' 1=:tr\..,nno 'tom; Rpn~irc: (;.nmt nOQ-O 1 n cine: :r fTl Z :0 -< !Xl o a :0 ~ :lOP'OIO-60G lUllJD 'Slllld;l'M lUlOlS 600Z\I!:luno:) Ot\600Z: ,(renU\l[ -lU;lA3 poold 600Z: IO-60NWISl:)3[0'M:d\:N uO!lnlos;l'M lU;ljJy s,lU\l:l!(ddy JO UO!lIlUjJ,S;lG til duW :lU;lWI\:lUUY cu < ~ (I) '< 0 ....,. (1) (1) III ^ --I ;:0 ::D ~ --I (1) 0 < .., (I) c... ..... c: 3 ~ (I) Cl :l f'\ - MONROE RO, E.MT. PLEASANT RD. rO D>- :J'< 0.3 00-0 0.: o' roo 000" D>8 3< D>(I) ~-< -i ....,. @. ~ -i .:t5 '-I C .l> 3 t :iE /!J D> t:? - ~ (I) ....,. i3 en ~ ..... en l1Vil1 AllO ~ 0.: (1) :::ITY OF PORT ANGELES PUBLIC WORKS ~ j .... ~ SCALE o I 6000 I January 2009 Flood Damage Sites Washington State Military Department PUBLIC ASSISTANCE GRANT AGREEMENT FACE SHEET 1. Applicant Name and Address: City of Port Angeles 2. Total Project Amount: To be determined, based upon approved project worksheets 5. Grant Start Date: January 30, 2009 3. Grant Number: 009-010 7. MD Program Manager/phone number: Gerard Urbas, (253) 512-7402 10. Funding Authority: Washington State Military Department (the "Department"), and Federal Emergency Management Agency (FEMA) 11. Funding Source Agreement #: 12. Program Index # 13. Catalog of Federal Domestic Asst. (CFDA) 14: <TIN or SSN: FEMA-1817-DR-WA 794XC/794XD # & Title: 97.036, Public Assistance 91~,':;':':::<.":t:.),\, 792XE 8. Data Universal Numbering System (DUNS): 6. Grant End Date: January 29,2013 9. UBI # (state revenue): 4. Applicant Agent, phone number: Clallam County 17. Women/Minority-Owned, State Certified?: X N/A 0 NO DYES, OMWBE # 15. Service Districts: - ~~ ',' (BY LEGISLATIVE DISTRICT):.:~'th (BY CONGRESSIONAL DISTRICT):u""~th 18. Contract Classification: o Personal Services 0 Client Services X Public/Local Gov't o Collaborative Research 0 AlE 0 Other 16. Service Area by County(ies): 19. Contract Type (check all that apply): o Contract X Grant o Intergovernmental (RCW 39.34) X Agreement D Interagency 20. Contractor Selection Process: X "To all who apply & qualify" 0 Competitive Bidding o Sole Source D AlE RCW D N/A o Filed w/OFM? 0 Advertised? DYES DNO 22. BRIEF DESCRIPTION: Presidential Disaster Declaration # FEMA-1817-DR-WA--Severe Winter Storms 2009:To provide funds to the Applicant for the repair or restoration of damaged public facilities as approved by the Federal Emergency Management Agency in project worksheets describing eligible scopes of work and associated funding, which are incorporated herein by this reference. 21. Contractor Type (check all that apply) o Private Organization/Individual X Public Organization/Jurisdiction o VENDOR 0 SUBRECIPIENT D For-Profit X Non-Profit X OTHER IN WITNESS WHEREOF, the Department and Applicant acknowledge and accept the terms of this Grant Agreement, exhibits, references and attachments hereto and have executed this Grant Agreement as of the date and year written below. This Grant Agreement Face Sheet, Special Terms and Conditions, General Terms and Conditions, Federal and State Requirements and Assurances, and any other attachments or references govern the rights and obligations of both parties to this Grant Agreement. In the event of an inconsistency in this Grant 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. Statement of Work and/or Project Description as outlined in FEMA approved Project Worksheet(s) 3. Special Terms and Conditions 4. General Terms and Conditions, and, 5. Other provisions of the contract incorporated by reference. This Grant Agreement, including all attachments, contains all the terms and conditions agreed upon by the parties. No other understandings, oral or otherwise, regarding the subject matter of this Grant Agreement shall be deemed to exist or to bind any of the parties hereto. . WHEREAS, the parties hereto have executed this Grant Agreement on the day and year last specified below. FOR THE DEPARTMENT: FOR THE APPLICANT: Signature James M. Mullen, Director Emergency Management Division Washington State Military Department APPROVED AS TO FORM: Sara J. Finlay (signature on file) 2/6/2009 Assistant Attorney General Form 10/27/00 kdb Date Signature print or type name: Date APPROVED AS TO FORM: Applicant's Legal Review Date Public Assistance Grant Agreement-2/09 Page 1 of 15 City of Port Angeles 009-010 SPECIAL TERMS AND CONDITIONS ARTICLE 1- COMPENSATION SCHEDULE 1. FUNDING The DEPARTMENT will administer the Public Assistance Grant Program and reimburse approved eligible Public Assistance costs to the APPLICANT that are identified under the auspices of Presidential Emergency Declaration Number FEMA-1817 -DR-W A and authorized by and consistent with the Stafford Act (P.L. 93-288, as amended) and applicable regulations. It is understood that no final dollar figure is committed to at the time that this Grant Agreement is executed, but that financial commitments will be made by amendments to the project application as Project Worksheets are completed in the field and projects are authorized by state and federal officials. See Attachment #1-project Worksheet sample. Pursuant to the FEMA-STATE AGREEMENT, the Federal Emergency Management Agency (FEMA) will contribute 75 percent of the eligible costs for any eligible project and 100 percent of the administrative costs, as provided for in subsection 3.D. of Article I. The APPLICANT will commit to the remaining 25 percent non-federal match to any eligible project that has been identified under the Presidential Disaster Declaration number FEMA-1817 -DR-W A, subject to the following exception: Donated Resources: FEMA will credit an APPLICANT for the value of certain volunteer labor, donated equipment, and donated materials used in the performance of eligible emergency work - categories A and B, referred to as Donated Resources. The Donated Resources are recognized by FEMA in a Project Worksheet. Donated Resources offset the non-federal share of the eligible emergency work approved in Project Worksheets. For non-state agency applicants, the donated resource value will first be applied to the APPLICANT's non-federal share, and any remaining donated resource value will be applied to the DEPARTMENT's share. The value of the Donated Resources are calculated as described in FEMA Policy 9525.2, and are capped at the non-Federal share of approved eligible emergency work costs. The Federal share of the Donated Resources will not exceed the non-federal share of eligible emergency work costs approved in Project Worksheets. Any excess credit can be credited only to other eligible emergency work costs, for the same APPLICANT in the same disaster. The value of excess donated resources cannot be credited toward or transferred to another eligible APPLICANT, or toward other State obligations. . See Attachment #1 - Project Worksheet sample. 2. GRANT AGREEMENT PERIOD Activities payable under this Grant Agreement and to be performed by the APPLICANT under this Grant Agreement shall be those activities which occurred during or subsequent to the incident period defined in the FEMA-State Agreement, and shall terminate upon completion of the project(s) approved by federal and state officials, including completion of close-out and audit. This period shall be referred to as the "Grant Agreement Period." 3. PAYMENTS The DEPARTMENT, using funds granted for the purposes of the Presidential Disaster Declaration from FEMA, shall issue payments to the APPLICANT in compliance with the Washington State Public Assistance Applicant Manual procedures as follows: A. Small Project Payments: Payments are made for all small projects to the APPLICANT upon submission and approval of an A 19-1A State of Washington Invoice Voucher to the DEPARTMENT, after FEMA has approved funding through approval of Project Worksheets. B. Progress Payments: Progress payment of funds for costs already incurred on large projects minus 10 percent retainage may be made to the APPLICANT upon submission by the APPLICANT of an A19-1A State of Washington Invoice Voucher, a letter of request, and a spreadsheet identifying the claimed costs supporting the payment request and approval by the DEPARTMENT. Public Assistance Giant Agreement-2!OB Page 2 of 15 City of Port Angeles 009-010 C. Improved Projects: Payments on improved projects will be pro-rated based upon the percentage of the project that is funded under this disaster grant to the overall project cost. This percentage will be identified when the first payment on the improved project is made. Progress payments will be made as outlined above in Section B. D. Final Payment: Final Payment on a large project will be made following submission by the APPLICANT of a certification of completion on the STATEMENT OF DOCUMENTATION/FINAL INSPECTION REPORT form upon completion of project(s), completion of all final inspections by the DEPARTMENT, and final approval by FEMA. Final payment on a large project will include any retainage withheld during progress payments. Final payments may also be conditional upon financial review, if determined necessary by the DEPARTMENT or FEMA. Adjustments to the final payment may be made following any audits conducted by the Washington State Auditor's Office, the United States Inspector General or other federal or state agency. E. The APPLICANT is eligible to receive $100 for federal indirect costs, upon completion and closure of the disaster grant. Documentation of costs involved with attending applicant briefing, kick off meeting, and the exit meeting should be retained in the APPLICANT's files to support federal indirect cost reimbursement. F. All payment requests shall be made on an A 19-1 A form, State of Washington, Invoice Voucher. Payments will be made by electronic fund transfer to the APPLICANT's account. G. Federal funding shall not exceed the total federal contribution eligible for Public Assistance costs under Presidential Disaster Declaration number FEMA 1817 -DR-W A. H. For state agencies, the DEPARTMENT will, through interagency reimbursement procedures, transfer payment to the APPLICANT. Payment will be transferred by journal voucher to Agency No., Accounting Fund No. ARTICLE II - DOCUMENTATION The APPLICANT is required to retain all documentation which adequately identifies the source and application of Public Assistance funds, including the federal indirect cost reimbursement, for six years following the closure of this disaster grant. For all funds received, source documentation includes adequate accounting of actual costs and recoveries incurred. ARTICLE III - QUARTERLY REPORTS The APPLICANT is required to submit to the DEPARTMENT a quarterly report indicating the status of all their large projects. The status shall identify the costs incurred to date, the percentage of work completed, the anticipated completion date of the project and whether cost under runs or over runs are expected. In addition, the APPLICANT should note in the comment field any challenges or issues associated with the project. Failure to submit a complete quarterly report within 15 days following the end of the quarter will result in suspension of all payments to the APPLICANT until a complete quarterly report is received by the DEPARTMENT. ARTICLE IV - TIME EXTENSIONS A time extension request is required to be forwarded to the DEPARTMENT by the APPLICANT for a project prior to the expiration of the approved completion date. If the project is approved and funded after the statutory approval time period for completion, then a time extension request must be submitted to the DEPARTMENT within fifteen days of receipt of the funding package. A time extension request must be in writing and identify the project worksheet number, the reason the project has not been completed within the prior approved completion period, a current status of the completion of the work, a detailed timeline for completion of the remaining elements, and an anticipated completion date for the completion of the remaining work. Failure to submit a time extension request in a timely manner will result in denial of the time extension and loss of funding for the related project. ARTICLE V - CLOSE-OUT To initiate close-out, the APPLICANT is required to certify in writing, by Project Worksheet Number, date completed and total amount expended on the project, completion of the small projects. To initiate close-out of Public Assistance Grant Agreement-2/09 Page 3 of 15 City of Port Angeles 009-010 the large projects, the APPLICANT shall submit certification of completion on a STATEMENT OF DOCUMENTATION/FINAL INSPECTION REPORT form to the DEPARTMENT. The DEPARTMENT will then complete a site inspection and a financial review of documentation to support the claimed costs. Certifications on small and large projects are due within sixty days following the completion of the project or receipt of the approved Project Worksheet, whichever date is later. After all of the projects have been certified as complete and approved for closure by FEMA, the DEPARTMENT will forward a final A 19-1 A State of Washington Invoice Voucher to the APPLICANT for release of the remaining funds due to the applicant for eligible costs, including any retainage previously withheld. ARTICLE VI - KEY PERSONNEL The individuals listed below shall be considered key personnel and point of contact. Any substitution by either party must be submitted in writing. APPLICANT: DEPARTMENT: Name: Title: Staff name: Title: E-mail address: Phone Number: E-Mail: Phone Number: Gerard Urbas Deputy State Coordinating Officer Public Assistance g.urbas@emd.wa.gov (253) 512-7402 ARTICLE VII - ADMINISTRATIVE REQUIREMENTS A. The APPLICANT shall comply with the following OMS Circulars as applicable to their organization: . Cost Principles o OMS Circular A-87, as revised, Cost Principles for State, Local and Indian Tribal Governments. OMS Circular A-87 and program regulations will be used to determine costs for nonprofit hospitals funded under FEMA grants. o OMS Circular A-21 , as revised, Cost Principles for Educational Institutions o OMS Circular A-122, as revised, Cost Principles for Non-Profit Organizations . Administrative Requirements o OMS A-102, as revised, Grants and Cooperative Agreements with State and Local Governments o OMS A-110, as revised, Grants and Cooperative Agreements with Institutions of Higher Education, Hospitals, and Other Non-Profit Organizations . Audit Requirements o OMS A-133, as revised, Audits of States, Local Governments, and Non-Profit Organizations S. The APPLICANT will comply with the federal regulations in 44 CFR Parts 7, 9, 10, 13, 14, 17, 18, and 206, and the state requirements in the Washington State Public Assistance Applicant Manual, dated February 2009. C. Federal funding is provided by the Federal Emergency Management Agency (FEMA) and is administered by the DEPARTMENT. Under the authority of Presidential Disaster Declaration number FEMA 1817 -DR-W A, the DEPARTMENT is reimbursing the APPLICANT for those approved eligible costs and activities necessary under the Public Assistance Grant Program during the incident period beginning January 6-16, 2009. Eligible costs and activities will be identified in Project Worksheets approved by FEMA. Public Assistance Grant Agreement-2/09 Page 4 of 15 City of Port Angeles D09-010 Exhibit A Washington State Military Department GENERAL TERMS AND CONDITIONS Assistance Grants A.1 DEFINITIONS As used throughout this Grant Agreement, the following terms shall have the meaning set forth below: a. "Department" shall mean the Washington State 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. "Applicant" shall mean a state agency, local government, tribal government, special purpose district, or an eligible private nonprofit organization submitting an application to the Governor's Authorized Representative for disaster recovery assistance. c. "Applicant Agent" shall mean the official representative and alternate designated or appointed by the Applicant and authorized to make decisions on behalf of the Applicant. d. "Grantee" shall mean the government to which a grant is awarded and which is accountable for the use of the funds provided. The Grantee is an entire legal entity even if only a particular component of the entity is designated in the grant award document. For the purpose of this Grant Agreement, the state is the Grantee. The Grantee and the DEPARTMENT are one and the same. e. "Monitoring Activities" shall mean all administrative, construction, financial, or other review activities that are conducted to ensure compliance with all state and federal rules, authorities or policies. d. "Subgrantee" shall mean the government or other eligible legal entity to which a subgrant is awarded and which is accountable to the Grantee for the use of the funds provided. The Subgrantee and Applicant are one and the same. e. "Project" shall mean those actions funded through the Public Assistance Program and described in approved Project Worksheets. Projects may include one or more of the following: reimbursement of costs for emergency response, debris removal and/or repair or restoration of damaged public facilities. A project may be a small, large, improved, or alternate project. f. "PL" - is defined and used herein to mean the Public Law. g. "CFR" - is defined and used herein to mean the Code of Federal Regulations. h. "OMS" - is defined and used herein to mean the Office of Management and Budget. i. "WAC" - is defined and used herein to mean the Washington Administrative Code. j. "RCW" - is defined and used herein to mean the Revised Code of Washington. A.2 RECORDS AND REPORTS a. The APPLICANT agrees to maintain all books, records, documents, receipts, invoices and all other electronic or written records necessary to sufficiently and properly reflect the APPLICANT's contracts, contract administration, and payments, including all direct and indirect charges, and expenditures in the performance of this Grant Agreement. b. The APPLICANT's records related to this Grant Agreement and the projects funded hereunder may be inspected by the DEPARTMENT or the Director, or their designees, by designees of the Office of the State Auditor, the Federal Emergency Management Agency or their designees, or the Comptroller General of the United States or their designees or by other federal officials authorized by law, for the purposes of determining compliance by the APPLICANT with the terms of this Grant Agreement and to determine the appropriate level of funding to be paid under the subject Grant Agreement. c. The records shall be made available by the APPLICANT together with suitable space for such inspection at any and all times during the APPLICANT's normal working day. d. The APPLICANT shall retain all records and allow access related to this Grant Agreement and the funded project(s) for a period of at least six (6) years following final payment and closure of the grant under this Grant Agreement. A.3 WAIVERS No conditions or provisions of this Grant Agreement can be waived unless approved in advance by the DEPARTMENT in writing. The DEPARTMENT's failure to insist upon strict performance of any provision of the Grant Agreement or to exercise any right based upon a breach thereof, or the Public Assistance Grant Agreement-2/09 Page 5 of 15 City of Port Angeles 009-010 acceptance of any performance during such breach, shall not constitute a waiver of any right ur:lder this Grant Agreement. A.4 AMENDMENTS AND MODIFICATIONS The APPLICANT or the DEPARTMENT may request, in writing, an amendment or modification of this Grant Agreement. However, such amendment or modification shall not take effect until approved, in writing, by the DEPARTMENT and the APPLICANT. A.5 TERMINATION AND OTHER REMEDIES a. If, through any cause, the APPLICANT shall fail to fulfill in a timely and proper manner its obligations under this Grant Agreement or if the APPLICANT shall violate any of its covenants, agreements, or stipulations of this Grant Agreement, the DEPARTMENT shall thereupon have the right to terminate this Grant Agreement and withhold the remaining allocation if such default or violation is not corrected within thirty (30) days after submitting written notice to the APPLICANT describing such default or violation. b. Notwithstanding any provisions of this Grant Agreement, either party may terminate this Grant Agreement by providing written notice of such termination, specifying the effective date thereof, at least thirty (30) days prior to such date. c. Reimbursement for APPLICANT services performed, and not otherwise paid for by the DEPARTMENT prior to the effective date of such termination shall be as the DEPARTMENT reasonably determines. d. The DEPARTMENT may unilaterally terminate all or part of this Grant Agreement, or may reduce its scope of work and budget, if there is a reduction in funds by the source of those funds, and if such funds are the basis for this Grant Agreement. A.6 COMPLIANCE WITH APPLICABLE STATUTES, RULES AND DEPARTMENT POLICIES The APPLICANT and all its contractors shall comply with, and the DEPARTMENT is not responsible for determining compliance with, any and all applicable federal, state, and local laws, regulations, executive orders, OMB Circulars, and/or policies. This obligation includes, but is not limited to: nondiscrimination laws and/or policies, Energy Policy and Conservation Act (PL 94-163, as amended), the Americans with Disabilities Act (ADA), the Robert T. Stafford Disaster Relief and Emergency Assistance Act, (PL 93-288, as amended), Ethics in Public Service (RCW 42.52), Covenant Against Contingent Fees (48 CFR Section 52.203-5), Public Records Act (RCW 42.56), Prevailing Wages on Public Works (RCW 39.12), State Environmental Policy Act (RCW 43.21 C), Shoreline Management Act of 1971 (RCW 90.58), State Building Code (RCW 19.27), Energy Related Building Standards (RCW 19.27 A), Provisions in Buildings for Aged and Handicapped Persons (RCW 70.92), and safety and health regulations. A. 7 LEGAL RELATIONS It is understood and agreed that this Grant Agreement is solely for the benefit of the parties to the Grant Agreement and gives no right to any other party. No joint venture or partnership is formed as a result of this Grant Agreement. To the extent allowed by law, the APPLICANT, its successors or assigns, will protect, save and hold harmless the DEPARTMENT, the State of Washington, and the United States Government and their authorized agents and employees, from all claims, actions, costs, damages or expenses of any nature whatsoever by reason of the acts or omissions of the APPLICANT, its subcontractors, assigns, agents, contractors, consultants, licensees, invitees, employees or any person whomsoever arising out of or in connection with any acts or activities authorized by this Grant Agreement. To the extent allowed by law, the APPLICANT further agrees to defend the DEPARTMENT and the State of Washington and their authorized agents and employees in any litigation; including payment of any costs or attorneys' fees for any claims or action commenced thereon arising out of or in connection with acts or activities authorized by this Grant Agreement. This obligation shall not include such claims, costs, damages or expenses which may be caused by the sole negligence of the DEPARTMENT; provided, that if the claims or damages are caused by or result from the concurrent negligence of (1) the DEPARTMENT, and (2) the APPLICANT, its agents, or employees, this indemnity provision shall be valid and enforceable only to the extent of the negligence of the APPLICANT, or APPLICANT's agents or employees. Pubiic Assistance Grant Agreement-2/09 Page 6 of 15 City of Port Angeles 009-010 Insofar as the funding source, the Federal Emergency Management Agency (FEMA), is an agency of the federal government, the following shall apply: 44 CFR 206.9 Non-liability. The federal government shall not be liable for any claim based upon the exercise or performance of, or the failure to exercise or perform a discretionary function or duty on the' part of a federal agency or an employee of the federal government in carrying out the provisions of the Stafford Act. A.8 ACKNOWLEDGMENTS The APPLICANT shall include language which acknowledges the funding contribution of the DEPARTMENT and FEMA to this project in any release or other publication developed or modified for, or referring to, the project. A.9 APPLICANT NOT EMPLOYEE The APPLICANT, and/or employees or agents performing under this Grant Agreement are not employees or agents of the DEPARTMENT in any manner whatsoever. The APPLICANT will not be presented as nor claim to be an officer or employee of the DEPARTMENT or of the State of Washington by reason of this Grant Agreement, nor will the APPLICANT make any claim, demand, or application to or for any right or privilege applicable to an officer or employee of the DEPARTMENT or of the State of Washington by reason of this Grant Agreement, including, but not limited to, Workmen's Compensation coverage, unemployment insurance benefits, social security benefits, retirement membership or credit, or privilege or benefit which would accrue to a civil service employee under Chapter 41.06 RCW. It is understood that if the APPLICANT is another state department, state agency, state university, state college, state community college, state board, or state commission, that the officers and employees are employed by the state of Washington in their own right and not by reason of this Grant Agreement. A. 10 NONDISCRIMINATION The APPLICANT shall comply with all applicable federal and state non-discrimination laws, regulations, and policies. No person shall, on the grounds of age, race, creed, color, sex, sexual orientation, religion, national origin, marital status, honorably discharged veteran or military status, or disability (physical, mental, or sensory) be denied the benefits of, or otherwise be subjected to discrimination under any project, program, or activity, funded, in whole or in part, under this Grant Agreement. A.11 UTILIZATION OF MINORITY AND WOMEN BUSINESS ENTERPRISES (MWBE) The APPLICANT is encouraged to utilize business firms that are certified as minority-owned and/or women-owned in carrying out the purposes of this Grant Agreement. The APPLICANT may set utilization standards, based upon local conditions or may utilize the state of Washington MWBE goals, as identified in WAC 326-30-041. A.12 CONFLICT OF INTEREST No officer or employee of the DEPARTMENT; no member, officer, or employee of the APPLICANT or its designees or agents; no member of the governing body of the jurisdiction in which the project is undertaken or located; and no other official of such locality or localities who exercises any functions or responsibilities with respect to the project during his or her tenure, shall have any personal or pecuniary gain or interest, direct or indirect, in any contract, subcontract, or the proceeds thereof, for work to be performed in connection with the project assisted under this Grant Agreement. The APPLICANT shall incorporate, or cause to incorporate, in all such contracts or subcontracts, a provision prohibiting such interest pursuant to this provision. A.13 VENUE This Grant Agreement shall be construed and enforced in accordance with, and the validity and performance hereof shall be governed by the laws of the state of Washington. Venue of any suit between the parties arising out of this Grant Agreement shall be the Superior Court of Thurston County, Washington. The APPLICANT, by execution of this Grant Agreement acknowledges the jurisdiction of the courts of the State of Washington. A.14 OWNERSHIP OF PROJECT/CAPITAL FACILITIES The DEPARTMENT makes no claim to any capitalJacilities or real property improved or constructed with funds under this Grant Agreement, and by this grant of funds does not and will not acquire any Public Assistance Grant Agreement-2/09 Page 7 of 15 City of Port Angeles 009-01 0 ownership interest or title to such property of the APPLICANT. The APPLICANT shall assume all liabilities arising from the ownership and operation of the project and agrees to hold the DEPARTMENT and the state of Washington and the. United States government harmless from any and all causes of action arising from the ownership and operation of the project. A.15 SEVERABILITY If any court of rightful jurisdiction holds any provision or condition under this Grant Agreement or its application to any person or circumstances invalid, this invalidity does not affect other provisions, terms or conditions of the Grant Agreement, which can be given effect without the invalid provision. To this end, the terms and conditions of this Grant Agreement are declared severable. A.16 RECAPTURE PROVISION In the event the APPLICANT fails to expend funds in accordance with federal, state, or loca/law and/or the provisions of the Grant Agreement, the DEPARTMENT reserves the right to recapture funds in an amount equivalent to the extent of noncompliance. Such right of recapture shall exist for the life of the project following Grant Agreement termination. Repayment by the APPLICANT of funds under this recapture provision shall occur within 30 days of demand. In the event the DEPARTMENT is required to institute legal proceeding to enforce the recapture provision, the DEPARTMENT shall be entitled to its costs thereof, including attorney fees. A.17 RECOVERY OF FUNDS Any person who intentionally causes a condition for which Public Assistance is provided under this Grant Agreement shall be liable for the costs incurred by the state and federal governments in responding to such disaster. The APPLICANT will cooperate in a reasonable manner with the DEPARTMENT and the United States in efforts to recover expenditures under this Grant Agreement.. A.18 DUPLICATION OF BENEFITS The APPLICANT agrees that the Public Assistance funds for which federal or state assistance is requested does not, or will not, duplicate benefits or funds received for the same loss from any other source. The APPLICANT will pursue full payment of eligible insurance benefits for properties covered in a project under this Grant Agreement. The APPLICANT will repay any Public Assistance that is . duplicated by other benefits, funds, or insurance proceeds. A.19 POLITICAL ACTIVITY No portion of the funds provided herein shall be used for any partisan political activity or to further the election or defeat of any candidate for public office or influence the approval or defeat of any ballot issue. . A.20 NOTICES The APPLICANT shall comply with all public notices or notices to individuals required by applicable local, state and federal laws and shall maintain a record of this compliance. A.21 PROHIBITION AGAINST PAYMENT OF BONUS OR COMMISSION The assistance provided under this Grant Agreement shall not be used in payment of any bonus or commission for the purpose of obtaining approval of the application for such assistance or any other approval or concurrence under this Grant Agreement provided, however, that reasonable fees or bona fide technical consultant, managerial, or other such services, other than actual solicitation, are not hereby prohibited if otherwise eligible as project costs. A.22 RESPONSIBILITY FOR PROJECT While the DEPARTMENT undertakes to assist the APPLICANT with the project by providing grant funds pursuant to this Grant Agreement, the project itself remains the sole responsibility of the APPLICANT. The DEPARTMENT undertakes no responsibility to the APPLICANT, or to any third party, other than as is expressly set out in this Grant Agreement. The responsibility for the design, development, construction, implementation, operation and maintenance of the project, as these phases are applicable to this project, is solely that of the APPLICANT, as is responsibility for any claim or suit of any nature by any third party related in any way to the project. Public Assistance Grant Agreement-2/09 Page 8 of 15 City of Port Angeles 009-010 Prior to the start of any construction activity, the APPLICANT shall ensure that all applicable Federal, State, and local permits and clearances are obtained, including FEMA compliance with the National Environmental Policy Act, the National Historic Preservation Act, the Endangered Species Act, and all other environmental laws and executive orders. The APPLICANT shall defend, at its own cost, any and all claims or suits at law or in equity, which may be brought against the APPLICANT in connection with the project. The APPLICANT shall not look to the DEPARTMENT, or to any state or federal agency, or to any of their employees or agents, for any performance, assistance, or any payment or indemnity, including but not limited to cost of defense and/or attorneys' fees, in connection with any claim or lawsuit brought by any third party related .to any design, development, construction, implementation, operation and/or maintenance of a project. Pursuant to Sections 403 and 407 of the Stafford Act, 42 U.S.C: SS 5170b & 5173, and to the extent allowed by law, if debris removal is authorized, the APPLICANT agrees to indemnify and hold harmless the state of Washington and the United States of America for any claims arising from the removal of debris or wreckage for this disaster. The APPLICANT agrees that debris removal from public and private property will not occur until the landowner grants the APPLICANT the right to enter and signs an unconditional authorization for the removal of the debris. A.23 HAZARDOUS SUBSTANCES The APPLICANT shall' inspect and investigate the proposed development/construction site for the presence of hazardous substances. The APPLICANT shall fully disclose to the DEPARTMENT the results of its inspection and investigation and all other knowledge the APPLICANT has as to the presence of any hazardous substances at the proposed development/construction project site. The APPLICANT will be responsible for any associated clean-up costs as a result of the inspections. "Hazardous Substances" are defined in RCW 70.105D.020 (10). A.24 OCCUPATIONAL SAFETY/HEALTH ACT and WASHINGTON INDUSTRIAL SAFETY/HEALTH ACT (OSHA/WISHA) The APPLICANT represents and warrants that its work place does now or will meet all applicable federal and state safety and health regulations that are in effect during the APPLICANT's performance under this Grant Agreement. To the extent allowed by law, the APPLICANT further agrees to indemnify and hold harmless the DEPARTMENT and its employees and agents from all liability, damages and costs of any nature, including but not limited to, costs of suits and attorneys' fees assessed against the DEPARTMENT, as a result of the failure of the APPLICANT to so comply. A.25 CERTIFICATION REGARDING DEBARMENT, SUSPENSION, OR INELIGIBILITY If federal funds are the basis for this Grant Agreement, the APPLICANT certifies that the APPLICANT is not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participating in this Grant Agreement by any federal department or agency. If requested by the DEPARTMENT, the APPLICANT shall complete and sign a Certification Regarding Debarment, Suspension, Ineligibility, and Voluntary Exclusion form. Any such form completed by the APPLICANT for this Grant Agreement shall be incorporated into this Grant Agreement by reference. Further, the APPLICANT agrees not to enter into any arrangements or contracts related to this grant with any party that is on the "General Service Administration List of Parties Excluded from Federal Procurement or Non-procurement Programs." A.26 SINGLE AUDIT ACT REQUIREMENTS (INCLUDING ALL AMENDMENTS) Non-federal APPLICANTS expending 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 Office of Management and Budget (OMB) Circular A-133-Audits of States, Local Governments, and Non-Profit Organizations (revised June 27, 2003, effective for fiscal years ending after December 31, 2003). Non-federal APPLICANTS 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. Circular A-133 is available at: http://www.whitehouse.qov/omb/circulars/index.html. Public Assistance Grant Agreement-2/09 Page 9 of 15 City of Port Angeles 009-010 APPLICANTS required to have an audit must ensure the audit is performed in accordance with Generally Accepted Auditing Standards (GAAS); Government Auditing Standards (the Revised Yellow Book) developed by the Comptroller General and the OMB Compliance Supplement. The APPLICANT has the responsibility of notifying the State Auditor's Office and requesting an audit. Costs of the audit are allowable grant expenditures if the grant has not been closed. The APPLICANT shall maintain records and accounts so as to facilitate the audit requirement and shall ensure that any subrecipients also maintain auditable records. The APPLICANT 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 APPLICANT must respond to DEPARTMENT requests for information or corrective action concerning audit issues within 30 days of the date of request. The DEPARTMENT reserves the right to recover from the APPLICANT all disallowed costs resulting from the audit. Once the single audit has been completed, the APPLICANT must send a full copy of the audit to the DEPARTMENT and a letter stating there were no findings, or if there were findings, the letter should provide a list of the findings. The APPLICANT must send the audit and the letter no later than nine (9) months after the end of the APPLICANT'S fiscal year(s) to: Accounting Manager Washington Military Department Finance Division, Building #1 T A-20 Camp Murray, WA 98430-5032 In addition to sending a copy of the audit, the APPLICANT must include a corrective action plan for any audit findings and a copy of the management letter, if one was received. The APPLICANT shall include the above audit requirements in any subcontracts. A.27 PROJECT MANAGEMENT AND SUBGRANTEE MONITORING The DEPARTMENT and the APPLICANT must conduct and monitor grant activities to confirm compliance with applicable Federal requirements and the requirements and special conditions of an approved project. The APPLICANT agrees to: a. Assist in the preparation and writing of the Project Worksheets. b. Comply with all funding conditions of an approved project. c. Provide financial documentation to support requests for payments. d. Maintain records and documentation that adequately identify and directly support a project's eligible costs to the approved project worksheet. Pro-rate or percentage costs are not eligible for reimbursement. e. Cooperate with and participate in any scheduled or unscheduled monitoring or evaluation activities conducted by the DEPARTMENT or FEMA that are pertinent to this Grant Agreement or an approved Project Worksheet. f. Provide the DEPARTMENT with all documentation required to complete evaluations of eligible costs, and provide additional documentation that the DEPARTMENT or FEMA may request as a result of a monitoring visit, review and other or further evaluation of supporting financial documentation and/or reports. If requested documentation is not provided, all costs associated with the project may be determined to be ineligible. g. Submit a request for time extension not later than two weeks before a project's deadline. h. Notify the DEPARTMENT and request and receive approval for an alternate project prior to beginning construction. Failure to do so may jeopardize funding approval. i. Notify the DEPARTMENT and request and receive approval for an improved project prior to starting construction. Failure to do so may jeopardize funding approval. k. Immediately notify the DEPARTMENT if hidden damages are discovered, a change order is required, or the scope of work changes in an approved project. I. Submit quarterly reports to the DEPARTMENT. Public Assistance Grant Agreement-2/09 Page 10 of 15 City of Port Angeles 009-010 mo. Submit project completion certifications as required for small, large, alternate, or improved projects. The DEPARTMENT agrees to: a. Provide technical assistance during all monitoring or evaluation activities. The DEPARTMENT will coordinate and schedule the meetings necessary to conduct and complete all monitoring and evaluation activities. b. Develop the APPLICANT's Project Worksheet(s) (PW) with FEMA and the APPLICANT's assistance based upon the eligible damages. c. Provide the APPLICANT with a copy of the approved Project Worksheet. d. Conduct site visits during a large project's construction. e. Regularly review the APPLICANT's financial documentation to confirm compliance with state and federal rules, authorities, and policies. f. Notify the APPLICANT when funding approval is received and issue payment per the process described in Article I, #3 - Payments of the Special Terms and Conditions. Large project final funding will include all costs determined to be eligible based upon the evaluation and review of the APPLICANT's financial documentation. g. Work with the APPLICANT to resolve any issues identified during the monitoring process. h. Review and respond appropriately to the APPLICANT's requests for time extensions and changes to an approved project. A.28 SUBCONTRACTING The APPLICANT shall use a competitive procurement process in the award of any contracts with contractors or subcontractors that are entered into under the original contract award. The procurement process followed shall be in accordance with Part 13 of 44 CFR, Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments or with OMB Circular A-110, Uniform Administrative Requirements for Grants and Other Agreements with Institutions of Higher Education, Hospitals, and Other Nonprofit Organizations, as applicable to the APPLICANT. As required by Section 694 of the "Post-Katrina Emergency Management Reform Act" (P.L. 109-295), which amended section 307 of the Stafford Act, 42 U.S.C. 5150, contracts or agreements with private organizations, firms or individuals for debris clearance, distribution of supplies, reconstruction, and-- other major disaster assistance activities, shall be awarded to those organizations, firms and individuals residing or doing business primarily. in the geographical area affected by the disaster, to the extent feasible and practicable. Such contracts or agreements with private organizations, firms, or individuals, not residing or doing business primarily in the geographical area affected by the declared disaster shall be justified in writing in the APPLICANT's contract file. Contracts in place prior to a declaration should be transitioned to such local organizations, firms or individuals unless the head of the APPLICANT organization determines that it is not feasible or practicable. This determination must be documented in the APPLICANT's contract file. The transition requirement should not be construed to require an APPLICANT to breach an existing contract. All subcontracting agreements entered into pursuant to this Grant Agreement shall incorporate this Grant Agreement by reference. A.29 PUBLICITY The APPLICANT agrees to submit to the DEPARTMENT all advertising and publicity matters relating to this Grant Agreement wherein the DEPARTMENT's name is mentioned or language used from which the connection of the DEPARTMENT's name may, in the DEPARTMENT's judgment, be inferred or implied. The APPLICANT agrees not to publish or use such advertising and publicity matters without the prior written consent of the DEPARTMENT. The APPLICANT may copyright original work it develops in the course of or under this Grant Agreement; however, pursuant to 44 CFR 13.34, FEMA reserves a royalty-free, nonexclusive, and irrevocable license to reproduce, publish or otherwise use, and to authorize others to use the work for government purposes. Publication resulting from work performed under this Grant Agreement shall include an acknowledgement of FEMA's financial support, by grant number, and a statement that the publication does not constitute an endorsement by FEMA or reflect FEMA's views. Public Assistance Grant Agreement-2/09 Page 11 of 15 City of Port Angeles 009-010 A.30 AMERICANS WITH DISABILITIES ACT (ADA) OF 1990, PUBLIC LAW 101-336, 42 U.S.C. 12101 ET SEQ. AND ITS IMPLEMENTING REGULATIONS ALSO REFERRED TO AS THE "ADA" 28 CFR Part 35. The APPLICANT must comply with the ADA, which provides comprehensive civil rights protection to individuals with disabilities in the areas of employment, public accommodations, state and local government services, and telecommunication. A.31 NONASSIGNABILlTY Neither this Grant Agreement, nor any claim arising under this Grant Agreement, shall be transferred or assigned by the APPLICANT. A.32 DISCLOSURE The use or disclosure by any party of any information concerning the DEPARTMENT for any purpose not directly connected with the administration of the DEPARTMENT's or the APPLICANT's responsibilities with respect to services provided under this Grant Agreement is prohibited except by prior written consent of the DEPARTMENT. However, the parties acknowledge that the DEPARTMENT, and state and local agencies as defined in RCW 42.56.010, are subject to RCW 42.56, the state Public Records Act. A.33 LIMITATION OF AUTHORITY - Authorized Siqnature Only the assigned Authorized Signature for the DEPARTMENT and the Authorized Signature or the assigned Applicant Agent or Alternate for the APPLICANT, formally designated in writing, shall have the express, implied, or apparent authority to alter, amend, modify, or waive any clause or condition of this Grant Agreement. Furthermore, any alteration, amendment, modification, or waiver of any clause or condition of this Grant Agreement is not effective or binding unless made in writing and signed by both authorized persons. Additionally, only these persons will have the signature authority to sign payment requests, certification of project completion, time extension requests, and requests for changes to project status (including improved or alternate project status), and Statements of Documentation for large projects. A. 34 ASSURANCES The APPLICANT certifies that: a. They have the legal authority to apply for federal assistance and the institutional, managerial and ,financial capability (including funds sufficient to pay the non-federal and non-state shares of the project cost) to ensure proper planning, management and completion of the project described in approved Project Worksheets. b. They will give the awarding agency, the Comptroller General of the United States and the State, through any authorized representative, access to and the right to examine all records, books, papers, or documents related to the award; and will establish a proper accounting system in accordance with generally accepted accounting standards or agency directives. c. They will not dispose of, modify the use of, or change the terms of the real property title, or other interest in the site and facilities without permission and instructions from the awarding agency. They will record the federal interest in the title of rea! property in accordance with FEMA directives and will include a covenant in the title of real property acquired in whole or in part with federal assistance funds to assure non-discrimination during the useful life of the project. d. They will comply with the requirements of the DEPARTMENTand FEMA with regard to the drafting, review and approval of construction plans and specifications, and awarding of construction contracts. e. They will provide and maintain competent and adequate engineering supervision at construction sites to ensure that the completed work conforms to the approved plans and specifications and will furnish progress reports and such other information as may be required by either FEMA or the DEPARTMENT. f. They will establish safeguards to prohibit employees from using their positions for a purpose that constitutes or presents the appearance of personal or organizational conflict of interest, or personal gain. g. They will initiate and complete the work within the applicable time frame after receipt of approval of the awarding agency. Public Assistance Grant Agreement-2/09 Page 12 of 15 City of Port Angeles 009-010 h.' They will comply with the Intergovernmental Personnel Act of 1970, as amended (42 U.S.C. SS4701 et seq.) relating to prescribed personnel standards on a merit basis for programs funded under one of the 19 statutes or regulations specified in Appendix A of the federal Office of Personnel Management's Standards for a Merit System of Personnel Administration, (5 CFR 900, Subpart F). i. They will comply with all applicable state and federal statutes, regulations and executive orders relating to nondiscrimination, including but not limited to: (a) Title VI of the Civil Rights Act of 1964 (PL 88-352, 42 U.S.C. 2000d) which prohibits discrimination on the basis of race, color or national origin; (b) Title IX of the Education Amendments of 1972, as amended (20 U.S.C SS1681 et seq.), which prohibits discrimination on the basis of sex; (c) Section 504 of the Rehabilitation Act of 1973 (PL 93-112), as amended (29 U.S.C S794), which prohibits discrimination on the basis of disability; (d) the Age Discrimination Act of 1975, as amended (42 U.S.C SS6101 et seq.), which prohibits discrimination on the basis of age; (e) the Americans with Disabilities Act of 1990 (42 U.S.C. SS12101 et seq.); and (f) the Fair Housing Amendments Act of 1988 (42 U.S.C. SS3601 et seq.), as amended, relating to nondiscrimination in the sale, rental or financing of housing. However, the requirements of Section 202 of Executive Order 11246, as amended, do not apply to a government contractor or subcontractor that is 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. j. They will comply, or have already complied, as applicable, with the requirements of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended (PL 91-646, 42 U.S.C. SS4601 et seq.) which provide for fair and equitable treatment of persons displaced or whose property is acquired as a result of federal or federally-assisted programs. These requirements apply to all interests in real property acquired for project purposes regardless of federal participation in purchases. k. They will comply, as applicable, with provisions of the Hatch Act, as amended (5 U.S.C SS1501 et seq. and SS7321 et seq.) which limit the political activities of certain employees whose principal employment activities are funded in whole or in part with federal funds. /. They will comply, as applicable, with labor and wage provisions related to certain federally-assisted contracts (e.g., the wage rate requirements in the Davis-Bacon Act, as amended, 40 U.S.C. SS3141 et seq., the Copeland Anti-Kickback provisions in 40 U.S.C S3145 and 18 U.S.C S874, and the Contract Work Hours and Safety Standards in 40 U.S.C SS3701 et seq.). m. They will comply, if applicable, with flood insurance purchase requirements of Section 102(a) of the Flood Disaster Protection Act of 1973 (PL 93-234), as amended. n. They will comply, if applicable, with environmental standards prescribed pursuant to the following: (a) protection and enhancement of environmental quality pursuant to Executive Order (EO) 11514, as amended; (b) administration of the Clean Air Act and the Federal Water Pollution Control Act with respect to Federal contracts, grants, or loans pursuant to EO 11738; (c) protection of wetlands pursuant to EO 11990, as amended; (d) floodplains management pursuant to EO 11988, as amended; (e) the Coastal Zone Management Act of 1972 (P.L. 92-583), 16 U.S.C. SS1451 et seq., as amended; (f) Air Quality & Emission Limitations pursuant to 42 U.S.C. SS7401 et seq.; (g) the Safe Drinking Water Act of 1974 (PL 93-523), as amended; and, (h) the Endangered Species Act of 1973 (PL 93-205), as amended. o. They will comply, if applicable, with the Wild and Scenic Rivers Act (PL 90-542), 16 U.S.C. SS1271 et seq., as amended. p. They will assist the awarding agency in assuring compliance with Section 106 of the National Historic Preservation Act of 1966 (PL 89-665),16 U.S.C. S470, as amended; EO 11593 (protection and enhancement of the cultural environment); and the Archaeological and Historic Preservation Act, 16 U.S.C. SS469 et seq., as amended. q. They will comply with the Lead-Based Paint Poisoning Prevention Act (42 U.S.C. chapter 63) which prohibits the use of lead-based paint in construction or rehabilitation of residential structures. r. They will cause to be performed the required financial and compliance audits in accordance with the Single Audit Act Amendments of 1996 and OMS Circular No. A-133, "Audits of States, Local Governments, and Non-Profit Organizations." s. They will comply with all applicable requirements of all other federal laws, executive orders, regulations, and policies governing this program. Public Assistance Grant Agreement-2/09 Page 13 of 15 City of Port Angeles D09-0 1 0 1. They will certify to the best of their knowledge and belief that the New Restrictions on Lobt'ying, LlA. CFR Part 18, are complied with; i.e., that no federally appropriated funds have been paid or will be paid by or on behalf of the APPLICANT to any person for influencing or attempting to influence an officer or employee of an agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any federal contract, the making of any federal grant, the making of any federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any federal contract, grant, loan, or cooperative agreement; that if any funds other than federally appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or empioyee of Congress, or an employee of a Member of Congress in connection with this contract, grant, loan, or cooperative agreement, the APPLICANT will complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions; and that, as applicable, the APPLICANT will require that the language of this certification be included in the award documents for all subcontracts at all tiers and that all subrecipients shall certify and disclose accordingly. Public Assistance Grant Agreernent-2/09 Page 14 of 15 City of Port Angeles 009-010 Attachment #1 - Project Worksheet Sample U.S. DEPARTMENT OF HOMELAND SECURITY O.M.B. No. 1660-0017 FEDERAL EMERGENCY MANAGEMENT AGENCY PROJECT WORKSHEET PAPERWORK BURDEN DISCLOSURE NOTICE Public reporting burden for this form is estimated to average 90 minutes per response. Burden means the time, effort and financial resources expended by persons to generate, maintain, disclose, or to provide information to us. You may send comments regarding the accuracy of the burden estimate and or any aspect of the collection, including suggestions for reducing the burden to: Information Collections Management, U. S. Department of Homeland Security, Federal Emergency Management Agency, 500 C Street, SW, Washington, DC 20472, Paperwork Reduction Project (OMB Control Number 1660-0017). You are not required to respond to this collection of information unless a valid OMB number appears in the upper right comer of this form. NOTE: Do not send your completed form to this address. DISASTER I PROJECT NO. I PA 10 NO. DATE T CATEGORY F - R I I I I I I DAMAGED FACILITY WORK COMPLETE AS OF: % APPLICANT I COUNTY LOCATION I LATITUDE I LONGITUDE DAMAGE DESCRIPTION AND DIMENSIONS SCOPE OF WORK . Does the Scope of Work change the pre-disaster conditions at the site? DYes o No Special Considerations issues included? DYes o No Hazard Mitigation proposal included?D Yes o No Is there insurance coverage on this facility? DYes o No PROJECT COST I CODE NARRATIVE QUANTITY/UNIT UNIT PRICE COST IT / / / / / / / / / I TOTAL COST I PREPARED BY TITLE SIGNATURE APPLICANT REP. TITLE SIGNATURE FEMA Form 90-91, FEB 06 Public Assistance Grant Agreement-2/09 REPLACES ALL PREVIOUS EDITIONS. Page 15 of 15 City of Port Angeles 009-010 rj , RESOLUTION NO. A RESOLUTION of the City Council of the City of Port Angeles, Washington, appointing authorized representatives from the City of Port Angeles to execute documentation required for emergency funds and/or disaster assistance funds. WHEREAS, the City of Port Angeles has the opportunity to obtain federal and/or state emergency or disaster assistance funds to offset the storm damage which occurred between January 6 and January 15,2009; and WHEREAS, for the efficient management of application for these funds, and transactions relating to obtaining the funds, the City Council has determined it best to appoint an authorized representative, and an alternate representative, for and on behalf of the City of Port Angeles to execute all contracts, certify completion of projects, request payments, and prepare all required documentation for funding requirements. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PORT ANGELES, WASHINGTON, as follows: Section 1. For purposes of applying for and obtaining federal and/or state emergency or disaster assistance funds, Michael Szatlockey, PE, Civil Engineer is hereby appointed the City's authorized representative, and Dan McKeen, Fire Chief & Emergency Response Coordinator, is hereby appointed the City's alternate representative. These representatives are authorized on behalf of the City of Port Angeles to execute all contracts, certify completion of projects, request payments, and prepare all required documentation for funding requirements. PASSED by the City Council of the City of Port Angeles at a regular meeting of said Council held on the 17 thday of March, 2009. -1- Gary Braun, Mayor ATTEST: APPROVED AS TO FORM: William E. Bloor, City Attorney Becky 1. Upton, City Clerk G :\Legal_ Sac'<JpIORD INANCES&RESOL UT10NSlRESO LUTI ONS .100918 - EmcrgencyFundRepresental ive.03 1609. wpd -2- . . . Monthly Financial FEBRUARY 2009 date General Fund & Street Overview The General Fund is the City's main operating fund and accounts for general government acti\"ities such as police, fire, planning, and building. The Street Fund ac- counts for all operations and maintenance of the City's streets, including maintenance of stotm drains. In the General Fund, ren:nues are down nearly 3% due in large part to the struggling economy which has impacted a significant number of rc\-enue sources. Through Feb- ruary, we have collected nearly 13'~/0 of budgeted reyenues. Ex- penditures are down slightly from 2008, but we are on target 'with 14.5% of budget spent. In the Street Fund, revenues col- lected arc up approximately 110/0 from 2008 due to the first-year transfer from the Stormwater 09 v. 08 Variance GENERAL FUND 2009 2008 $ % Revenues-through February 2,191,064 2,257,444 (66,380) (2.94) Expenditures-through February 2,481,947 2,497,310 (15,363) (0.62) Net Rev. over J(under) Exp. (290,883) (239,866) STREET FUND Revenues-through February 185,373 167,057 18,316 10.96 Expenditures-through February 204,120 212,417 (8,297) (3.91) Net Rev. over J(under) Exp. (18,746) (45,360) Fund. \Ve haye collected nearly 11% of budgeted re\-enues. During the same period, Street Fund expenditures are nearly 4{)/o lower than 2008, pri- marily due to the timing of certain projects. \X'e ha,-e spent 12%, of the Street l~'und budget through February. \'\'hen compared to the budget, we are on target with revenues and expendi- tures in both funds with 16.6~/o of the year completed. It is important to note that due to tim- ing issues with certain revenue and Sales Tax Revenue $400,000 $350,000 $300,000 $250,000 $200,000 $150,000 Sales Tax Revenue by Month Jan Feb Mar Apr May June July Aug Sept iC..__........-.. -.-- I ~99:.2008 AV9:_ expenditure accounts, some monthly comparisons will be skewed. The most accurate comparisons take place at year end, \'vhen all revenues and ex- penditures have been posted ;md rec- onciled for the entire vear. Sales T:lX Revenue is dOlVn 22% through February 2009 compared to the same period last year. To date, we are on target \vith 16% of budget collected. Oct Nov Dee -llll- 2008 --.- 2009 j Utility x Revenue $400,000 - 22% of 20098 $320,000 UtilityTaxReven~e Collected 'through February (including % of 2009 Budget Collected) $240,000 $160,000 $80,000 $0 8% I .---.----j I l Wastewater SW. SW-Transfer Stonnwater Collections Stn Electric Water 1m 2004-2008 Avg. ~ 2008 ~2009 I i I Electric, \'Vater, and \X'astewater . Utility tax re\TnUe j, higher through the mouth of Febman 2009 com- pared to the same period in 2008, primarily due to harsher than nor- mal \V-inter weather conditions and rate adjustments. The Solid \X'aSk Funds had higher ft'venue, in 2008 due to the timing of some pay- ments. Compared to the 2009 budget, all tax revenues are on target "\vith the exception of Storm\yater which historically collects majority of re\Cnlle in Spnng and Fall. __J Community & Economic Dev~l()pment Revenue Community Development Revenue Collected through February Revenue Source Building Permits $ Plumbing Permits Mechanical Permits Sign Permits Plan Checking Fees Planning Permits Zoning Fees Total Revenue $ 2009 vs. 2008 2009 2008 % variance 17,120 $ 35,526 -51.8% 1,676 1,570 6.8% . 2,184 2,163 1.0% 94 1,065 -91.2% 8,009 9,130 -12.3% 1,050 N/A 875 850 2.9% 31,008 $ 50,304 -38.4% Lodging TaX. Revenue $100,000 lodging Tax Revenue $80,000 By Month / ~. / //- ~~\ ___ . ._~'~_;'/ "~ $20,000 .1 R~_~=2008A'~~9' ~ ',,--___---" -A- 2009 $0 Lodging Tax revenue col- lected through February 2009 is down 15% from the same period in 2008. We have col- lected 6.8% of budget. $60,000 $40,000 Jan Feb Mar Apr May June July Sept Aug Oel Nov Dec M -2 . . . MINUTES PLANNING COMMISSION Port Angeles, Washington 98362 February 25, 2009 6:00 p.m. ROLL CALL Members Present: John Matthews, Mike Caudill, Carla Sue, Doc Reiss, Tim Boyle, Nancy Powers Members Excused: Werner Beier Staff Present: Nathan West, Scott Johns, Heidi Greenwood Public Present: Brad Shea, Peter Becker, John Halberg, Dan Maguire APPROVAL OF MINUTES Commissioner Boyle moved to approve the February 11, 2009, minutes as presented. The motion was seconded by Commissioner Reiss and passed 5 - 0 with Commissioner Powers abstaining. PUBLIC HEARINGS: Chair Matthews reviewed the quasi judicial public hearing guidelines and qualifying statements. Following review of the questions, all Commissioners responded for the record that they had no appearance of fairness or conflict of interest issues with regard to the pending application. Chair Matthews opened the public hearing. Chair Matthews indicated that those who testify must sign the "Sign In" log and affinn that their testimony will be truthful to the best of their knowledge. SHORELINE SUBSTANTIAL DEVELOPMENT PERMIT - SMA 09-01- Clallam County YMCA. 1431 Ediz Hook Road: Proposal to allow the construction of a 104- foot walkway from an existing structure to the upper beach area located in the Public Buildings and Parks zone. Associate Planner Scott Johns reviewed the Department Report recommending approval of the shoreline substantial development permit with conditions, and identified the site location through use of a Power Point presentation. Peter Becker 302 S. Francis Street, represented the Olympic Peninsula Rowing Club and commented on the materials that will be used in the construction of the walkway. He further commented on construction details including the possibility that a concrete pad may be constructed at the upland point where the walkway ends. Commissioner Caudill questioned whether the design had been engineered with concerns about the load carrying capacity of the structure. M -3 Planning Commission Minutes February 25. 2009 Page 2 Brad Shea, Westec Co., 403 E. lfh Street indicated that the plan had been engineered to carry the anticipated weight. He further discussed the issue of shading caused by the structure, indicating that the height would allow light to reach the vegetation below the structure and felt that shading should not be a concern. Commissioner Reiss asked what the expected life of the screw-in pin piles is. Dr. Shea estimated that the life would be 25 to 30 years. Dan Maguire, 313 Hancock Avenue indicated that the YMCA supports the project as it meshes well with existing programs and supports the Y's overall vision. He also pointed out that this project is a volunteer sponsored project. There being no further testimony, Chair Mathews closed the public hearing Associate Planner Johns responded to comments made during the public hearing, including the implications of constructing a concrete pad at the landward end of the walkway. It was pointed out that the concrete pad had not been included in the application materials, and that, although it would have minor environmental impacts, he emphasized the need for archaeological oversight if there is to be any earth disturbing activities, and discussed ways to avoid earth disturbance. Following brief discussion, Commissioner Boyle moved to approve the shoreline substantial development permit SMA 09-01 with the following conditions, findings, and conclusions: Conditions The current level of ground disturbance (placement of screw-in pilings) is acceptable, however; no additional ground disturbance will be allowed without prior consultation with the City Archaeologist. If additional ground disturbances are anticipated, the applicant will likely need to have an approved professional archaeologist on site to monitor any excavation. 2. In the event archaeological artifacts, features or human remains are discovered on the property, the permittee will immediately notify the City of Port Angeles Archaeologist at (360) 417-4704, as well as the Lower Elwha Klallam Tribal Archaeologist. The City, in turn will immediately notify the State Department of Archaeology and Historic Preservation, as required in RCW 27.44 and 27.53. 3. Revegetation of all disturbed areas shall occur once the construction portion of the project is completed. 4. The applicant is responsible for obtaining all local, state, and federal permits required for the project prior to beginning construction activities. 1. Findings Based on the information provided in the February25, 2009, Staff Report for SMA 09-01 including all of its attachments, comments and information presented during the public hearing, and the Planning Commission's discussion and deliberation, the City of Port Angeles Planning Commission hereby finds that: 1. An application for a shoreline permit was submitted by the YMCA of Clallam County, on January 29,2009, for the construction of a wooden walkway leading from an existing structure to the beach area, located on Ediz Hook. The application indicates that the M -4 . . . . . . Planning Commission Minutes February 25. 2009 Page 3 work will occur upland of the ordinary high water mark. The project will connect an existing structure that is being used to store rowing skulls with the existing Sail and Paddle Park located to the west of the structure. 2. A Detennination of Non-Significance was issued by the City of Port Angeles SEP A Responsible Official for the proposal on February 23,2009. 3. As designed, the project will be accomplished with a minimum amount of soil disturbance or work on the beach. No earth disturbance is proposed, other than placement of screw-in pin piles. 4. The Port Angeles Shoreline Master Program, Comprehensive Plan, Zoning Ordinance and critical areas ordinances have been reviewed with respect to this application. 5. The site is designated Open Space in the City's Comprehensive Plan, Public Buildings and Parks and Industrial Heavy, in the City's Zoning Ordinance, and Urban-Harbor and Aquatic-Harbor in the City's Shoreline Master Program. 6. The following adopted City policies are most relevant to the proposed project: Comprehensive Plan Land Use Element Policies A-2; the City's Shoreline Master Program's Urban-Harbor designation and Chapter 4, Policies A-I, B-1 and 2, D-1, E-2, J-1 and 2, and K-1 through 3; Chapter 5, Policies D-1 and 2, and F-1 through 3 and 8, Chapter 6, Policies B-1 through 3, C-1 through 5, F-1 through 4, and all associated regulations. The City's Waterfront Trail runs east and west along the length of the project. No changes to the Trail are proposed by this application. 7. Conclusions Based on the infonnation provided in the February 25,2009 Staff Report for SMA 09-01 including all of its attachments, comments and information presented during the public hearing, the Planning Commission's discussion and deliberation, and the above listed findings, the City of Port Angeles Planning Commission hereby concludes that: A. The proposed project is consistent with the City Comprehensive Plan, zoning ordinance, and Shoreline Master Program. B. The project will not be detrimental to the shoreline. C. As conditioned, the proposed proj ect will not adversely interfere with public use of lands or waters. The motion was seconded by Commissioner Sue, and passed 6 - o. COMMUNICATIONS FROM THE PUBLIC None M -5 Planning Commission Minutes FebrualY 25. 2009 Page 4 ST AFF REPORTS Associate Planner Johns introduced new Planning Commissioner Nancy Powers to the Commission. Commissioner Powers made a brief statement of her experience, and indicated she is looking forward to her tenn on the Planning Commission. Director West reminded Planning Commission members of the upcoming visit by the AlA representatives for the Sustainable Design Assessment Team occurring March 16th through the 18th. Commission members were encouraged to participate in the planned activities. REPORTS OF COMMISSION MEMBERS Commissioner Reiss stated that the Rotary Club has scheduled a regional meeting to be held in Port Angeles that would bring approximately 500 people to town in February of 2010. Director West asked Commissioner Boyle ifhe would take that infonnation to the Port Angeles Forward Committee at their next meeting. ADJOURNMENT The meeting adjourned at 7:00 p.m. Scott K. Johns, Secretary John Matthews, Chair PREPARED BY: S. Johns M -6 . . . . . . PORT ANGELES FORWARD COMMITTEE Port Angeles, Washington Meeting Minutes for February 12,2009 Mission Statement: To create a strong economically and culturally vibrant community that will enhance the lives of our citizens. CALL TO ORDER: Chair Cherie Kidd opened the meeting at 7:30 a.m. ROLL CALL: Members Present: Chair Cherie Kidd, Don Perry, Mike Chapman, Terry Smithton, Linda Rotmark, Willie Nelson, David Miller, Mike Edwards, George Schoenfeldt, Larry Morris for Doug Nass, Buck Gieseke. Staff Present: Nathan West, Scott Johns, Teresa Pierce and Corey Delikat. Public Present: Tim Boyle, City Planning Commission; Russ Veenema, Chamber of Commerce. Avvroval of Minutes M. Chapman moved to accept the January 8, 2009 minutes as presented. G. Schoenfeldt seconded the motion. The minutes were approved unanimously. AlA Grant Uvdate - Nathan West N. West gave a brief review of the AlA Sustainable Design Assessment Team's visit in January. The team will return March 16 - 18. An Open House will be held on March 16 to gather public input and provide infonnation. It is anticipated that the Team will provide very preliminary results at a summary meeting on March 18. N. West provided the Committee with a handout providing professional background on each of the team members. Copy is attached. The Team will also be making a presentation at the March 16 Chamber of Commerce Luncheon and possibly at the March 17 City Council meeting. L. Rotmark and D. Perry expressed how pleased they were with the enthusiasm demonstrated by the Team so far. R. Veenema asked for clarification on the inclusion of "sustainable" in the formal name of the Team. N. West responded that the focus of the Team would not necessarily be on "sustainable" or "green" concepts, but more on emphasis to provide recommendations for our international corridor. Chair Kidd asked how the open house would be organized. N. West responded that the Team would head the organization of the event with assistance from the PA Forward subcommittee. N. West added that the focus of the Team would be to recommend implementation of improvements in the area from the Coho Ferry south to the bluff, and from the eastern City limits west to the Valley Creek Estuary. M. Edwards suggesting working with Peninsula College to provide note takers for the open house. N. West will check on that possibility. Chair Kidd suggested promotion of the event via radio and newspaper. T. Pierce will work with N. West on promotion of the event. M -7 Port Angeles Forward Meeting Minutes February 12,2009 . Chair Kidd asked when the final report from the Team would be completed. N. West estimated a mid- April date. The results would be shared with the PA Forward subcommittee that will be working directly with the Team. The next step would be to share the results with P A Forward to consider forwarding a recommendation to City Council. "Pick Up P A" Chair Kidd welcomed Corey Delikat, City of Port Angeles Parks & Streets Superintendent. C. Delikat reviewed how the City maintains the downtown area. Less gets done in the winter months until seasonal help comes on in the spring and summer - however his budget was cut approximately $40,000 in 2009, but the City will make every attempt to maintain the same level of service. L. Rotmark offered that the Youth Employment Services program might be available to help fund workers. D. Perry also suggested using youth groups and prisoners from the County jail to help out and work at the Humane Society. T. Pierce offered that there is a difference between Community Service Workers and the Chain Gang crews. Community Service Workers do community service in lieu of jail time or fines, while the Chain Gang crew is incarcerated prisoners. Community Service Workers can often be very unreliable and be very challenging and time consuming for staff. C. Delikat added that Community Service workers do require extra staff time for supervision. N. West added that the City already has a program for using Community Service Workers. Chair Kidd suggested the Committee schedule some clean up days. R. Veenema offered that the PA Downtown Association already has dates and coordination in place for this kind of event. P A Forward will wait to see what those dates are before proceeding. D. Perry offered to check with the PAD A for that schedule. D. Perry will also look into finding a storage space for the sidewalk sweeper. Discussion turned to the problem of graffiti. M. Chapman stressed that graffiti needs to be painted over within 24 hours by the building owner in order to be effective so waiting for volunteer groups to approach the building owners if not effective. He also added that it is the responsibility of property owners and business owners to pick up trash in front of their own areas. . Chair Kidd returned to the focus of the "Pick Up P A" theme and how to include taking care of trash and graffiti. B. Gieseke reported that he had recently seen shoes dangling from power lines and mentioned that this is sometimes considered as a type of tagging for drugs. M. Edwards offered to volunteer to help remove graffiti and Chair Kidd and W. Nelson also volunteered. M. Edwards will contact Len Beil to see what resources he knows of for volunteers. Other Business M. Edwards asked about how the proposed stimulus package could be used to expand or build new ferry or other docks in Port Angeles. G. Schoenfeldt responded that "shovel ready" projects would be most likely to qualify and that the stimulus project was directed more towards State ferry terminals rather than private docks. He added that it takes much more than just building a large dock to get cruise ships to come here. R. Veenema added that we don't have the appropriate facilities for large cruise ships but perhaps Port Angeles could develop a niche for smaller boats. R. Veenema suggested that PA Forward could work on finding ways to help the business community and downtown. Along with retail, there needs to be a mix of offices, restaurants and residential. He suggested that the City consider engaging building owners to encourage making buildings more attractive with expansion to new and other uses. Discussion continued with the suggestion to hold a special forum for Page 2 of 4 . M -8 . . . Port Angeles Forward Meeting Minutes February 12,2009 building owners and N. West agreed that a team effort, such as PA Forward, would be a good approach. T. Pierce suggested that sharing the final report of the AlA Grant with building owners might be a good way to bring them together as part of a possible information-sharing forum. N. West indicated that the Community and Economic Development Department would be better equipped to support this eff<?rt following the completion of the AlA grant process. Item will be added to the P A Forward agenda upon receipt of the final AlA Report. L. Rotmark reported that the Shared Work Program IS available to supplement cut back hours for employees. Economic Develovment - Business Resources Seminar There was no discussion. Issue will be continued to the next meeting in March. Adiournment Meeting adjourned at 8:36 a.m. Next MeetinJ! Date: March 12,2009 at 7:30 a.m. in the Jack Pittis Conference Room, City Hall. Approved as presented on March 12, 2009 Cherie Kidd, Chair Teresa Pierce Executive Communications Coordinator Page 3 of 4 M -9 Port Angeles Forward Meeting Minutes February 12,2009 . NEW AND ON-GOING ACTION ITEMS DATE DESCRIPTION RESPONSIBLE PARTY TARGET DEADLINE 1-12-06 Bring Council's project Chair Williams On-Going priority list to meeting 2-9-06 Continue Discussions on Group On-Going Housing / Jobs 3-13-2008 "2010" Theme Adopted Group On-Going Grant awarded to City. 6-12-2008 AIA Grant Nathan West Arrangements pending 12-11-08 P A Forward to Host Business Subcommittee January 8, 2009 Resource Event COMPLETED ACTION ITEMS DATE DESCRIPTION RESPONSIBLE PARTY TARGET DEADLINE 3-9-06 Letter to City Council, Mark Madsen Completed Planning Commission and County regarding Southern Cross-Route April-May Strategic Planning Meetings Group Completed 5-11-06 2006 with Jim Haguewood February Make recommendation to 2007 City Council regarding Group Completed 2-8-07 Harbor Plan May 10, Determine PA Forward 2007 representative to Lodging Group Completed 5-10-2007 Tax Committee October 11, Determination ofPUD Group Completed 10-11-07 2007 Representative October Gather input regarding Cross- Group Completed 10-11-07 2007 Route issue Decem ber Give Recommendation to 2007 City Council Regarding Group Completed Cross-Town Route . Page 4 of 4 . M -10 . . . DEPARTMENTOF COMMUNIT'( &ECONOMICDE;VE.LOPMENT '" BUILDING DIVISION MONTHLY PERMIT REPORT FEBRUARY 2009 . CATEGORY JAN. FEB. MAR. APR. MAY JUNE JULY 2009 YTD 2008 YTD RESIDENTIAL-NEW MODULAR/MANUFACT. 1 1 2 1 ..................... ..Va;ue...................... ........$5'0:.000........ .......$6(000......... ............,.............,.,. .....,........................ ........",............"...... ".............,............... ............................... $116,000 $52,500 SINGLE FAMILY 1 1 1 ....................."Va;u'(j...................... .......$19.0:653..... ... ............................... .............................. .............................. ............................... ............................... ............................... $190,653 $228,119 MUL TI-FAMIL Y ...................... .Va;u.e...................... .....................,......... ............................... .............................. .............................. ............................... ............................... ............................... ACCESSORIES 3 2 5 2 ...................... .Va;u.e................. ..... '''''''$ 18ii,'07'2........ .......$33;'9'1"2......... .............................. .............................. ............................... ............................... ............................... $221,984 $29,891 COMMERCIAL-NEW RETAIL 1 1 ....................................................... .......$573.'45'0........ ............................... .............................. .............................. ............................... ............................... ............................... $573,450 Value HOTEL/MOTEL ..................... ..Va;ue...................... ............................... ............................... .............................. .............................. ............................... ............................... ............................... OFFICE 1 1 ....................................................... ............................... .......$94;'4.96......... .............................. .............................. ............................... ............................... ............................... $94,496 Value DRINKINGIDINING ................ ...... .Va;ue................. ..... ............................... ............................... .............................. .............................. ............................... ............................... ............................... AUTO/SERVICE 1 ......................'Va;ue...................... ............................... ............................... .............................. .............................. ............................... ............................... ............................... $500,000 INDUSTRIAL ..................... ..Va;ue...................... ............................... ............................... .............................. .............................. ............................... ............................... ............................... PUBLIC - NEW SCHOOLS/HOSPS/GOVT 1 ...................... .V'iJ;ue"'.................... ............................... ............................... .............................. .............................. ............................... ............................... ............................... $1,800,000 CHURCHES ............................... ............................... .............................. .............................. ............................... ............................... ................ ...... .Va;ue...................... ............................... RECREATION ...................... .Va;ue...................... ............................... ............................... .............................. .............................. ............................... ............................... ............................... REPAIR & ALT. RESIDENTIAL 22 16 38 49 .. "'................. .Va;u'(j............. ......... .......$124;294........ ......$20{263........ .............................. .............................. ............................... ............................... ............................... $328,557 $415,623 COMMERCIAL 2 11 13 33 ...................... .Va;ue...................... ........$55:.078......... ......$18'2:.569........ .............................. .............................. ............................... ............................... ............................... $237,647 $1,415,995 PUBLIC 3 2 5 4 ..................... ..Va;ue...................... ........$3'8,'318......... .........$5;000.......... .............................. .............................. ............................... ............................... ............................... $43,318 $574,650 DEMOLITION I MOVE 2 2 4 3 ...................... .Va;ue...................... .......$140:60'0........ ..........$'1"20............ .............................. .............................. ............................... ...,'........................., ............................... $140,720 $1,700 BUILDING TOTALS SLOG PERMITS 35 35 0 0 0 0 0 70 95 :: ::::: ::q:9.:N:$.1.;::Y.A~y.~::::::::: .............,................. ............................... .............................. .............................. ............................... ............................... ............................... .... .~.1...~~~...~~~...... .......~.~~~...~~~........ .............~.~............. ............~.~.............. ...........J~.............. .............~~.............. .............~~.............. $1,946,825 $5,018,478 SLOG PERMITS FEE $16,919 $11,789 $28,708 $57,387 M -11