HomeMy WebLinkAboutAgenda Packet 05/01/2001
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May If ZQ,Ql,;"" ::;i,?
REGULA:RMEETIl~;g";~' 6:00'p.m.
~~@i;rANGE~~S
AGENDA ,.'." .,'
crrVCOUNCIL ~EEttNG>
321 EAST FIFTHSTREET"
WAS H I N G TON, U. S. A.
A.
ROLL CALL -
PLEDGE OF ALLEGIANCE-
CEREMONIAL MATTERS &
PROCLAMA TIONS
L Presentation of Award by Port Angeles 0
Downtown Association to Light Operations 1
2. Proclamation recognizing May 3, 2001 as Day of
Prayer 3
3. Proclamation declaring May 15,2001 feace .~~
. Officers,MemoriaU)~y 5
4. Proclamation recognizing May 22,)061 as
National Maritime Day 7
5. Proclamation declaring May 20-26,2001 as
National Public Works Week
B." EXECUTIVE SESSION
Verbal Presentation
FINANCE
.1. . Bid award for packer.truck
2. Economic Development Funds
3. Airport Road Realignment Contract Award
4. Industrial Waterline Repairs Contract
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A\Vard b!d if)',.
Authorize transfer
Award contract
Award contract
E. CONSENT AGENDA
City Council minutes - April 17, 2001 regular
meeting
Action
Accept
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F.CITY COUNCIL COMMITTEE REPORTS
G. ORDINANCES NOT REQUIRING PUBLIC
HEARINGS
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NOTE: HEARING DEVI<;ESAVAILA,B~E:,J.?ORiT.fIOSE NJj:EJ:nNGASSISTi\NCE
MAYOR TO'DETERMINE;{J1IME OFiBREAK '
" May 1,2001 Port ArigelesGity C(jundlMeetihg ',', ".i:;i'i"~age - 1
H. RESOLUTIq~
Sole source fot-patch truck
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Approve Resolution
I. OTHER CONSIDERATIONS
. 1. Appointment to Parks, Recreation and
,. ' . .-, .~.~ .~ " '-. ~~
Beautification Board
2. Approve Contract with PUD to relocate poles for
the Airport Realignment Project
3. Equipment replacemellt / tentals .
4. Olympic National PaikEr~CiriseAgreement
5. Modifications to Olympic AmbUlance Operational
Procedures Agreement
6. Conditional Park Use Permit: City Pier /
Hollywood Beach,,"
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Appoint New Member
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Approve Contract
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41
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Authorize Procurement
Approve Agreement
Approve'Modifications to Agreement
71
Grant Conditional Park Use Permit
J. PUBLIC HEARINGS - QUASI-JUDICIAL (7:0Q
P.M. or soon thereafter)
K. PUBLIC HEARINGS - OrnER
1. Surplus Equipment and Materials
2. Telecommunications
83
85
Conduct public:liearing
Conduct public hearing
L. INFORMATION
1. City Manager's Calendar (page 87)
2. Humane Society Report - March 2001 (page 89)
3. Fire Department Monthly Report - rvI~ch 2001 (page 91)
4. Police Department Annual R.eport - 2000 (page 99)
M. EXECUTIVE SESSION (As needed and determined by City Attorney).. .
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Public hearings are set bytne City Coi.mcilinorder to meet legal requiremenl$'pertafnlnl'llomatters"such as, land use permit applications,proposed
amendments to City land use regulationsYzoning"'changes. annexatiolis;\'rr a~ditlon,ttieCitY'Coun9i1f1;1ay,setapublic heaiinginorder,to receive public input
prior to r:naking. decisions which impact the. citizens; . Certain matters may ?~9o,ntr()versial. and.m~,g,i!Y'9?uncillT1ay c~~oseto,~eek PHi:l1icopinioh through
the public heanng process. ...~ '." . .... ,.' ..,........ .. ...."c.<#, .......... .'><.';....
N. ADJOURNMENT
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O.ICNCLPKT\AGENDA 101-0501. wpd
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May 1, 2001
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NOTE: HEARING DEVICES AVAILABLE FORTHOSE NEEDING ASSISTANCE
.. l, Mkl{ORJO DETERMINEi'FIME OF BREAK
"f <'PPolt Angeles City CouriCilMeeting ...
Page - 2
~ORTANGELES:
WAS H I N G TON. U.S. A.
CITY OF PORT ANGELES
CITY COUNCIL MEETING
I.
CALL TO ORDER - REGULAR MEETING:
II. ROLL CALL:
Members Present:
Mayor Doyle
Councilman Campbell
Councilmember Erickson
Councilman Hulett
Councilmember McKeown
Councilman Wiggins
Councilman Williams
Staff Present:
Manager Quinn
Attorney Knutson
Clerk Upton
B. Collins
M. Connelly
G. Cutler
D. McKeen
T. Riepe
Y. Ziomkowski
III.
PLEDGE OF ALLEGIANCE:
Led by: ~ ^(l~ ~ A
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May 1, 2001
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CITY OF PORT ANGELES
· pORTANGELES
WAS H I N G TON, U.S. A.
CITY COUNCIL MEETING
Attendance Roster
DATE OF MEETING: May 1. 2001
LOCATION:
City Council Chambers
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~ORTANGELES
WAS H I N G TON, U. S. A.
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XnUtJ
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...p,,"h II
.~A.Jl If U,
City Manager
City Atty. (1) I
Planning
City Clerk (2) ~
Deputy Clerk (1) 1
Personnel
Cust. Svcs.
Finance
Dir .IMgr .
Police Dept.
Fire Dept.
Light Dept.
Pub. Works (2) ~
Parks & Rec.
MRSC (1)
PDN (Summary)
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Extra Copies
I TOTAL
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City of Port Angeles
City Council Meeting of
Ordinance/Resolution Distribution List
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PROCLAMATION
WHEREAS,
on April I?, 1952, the Congress of the United States approved the Joint
Resolution to provide for setting aside an appropriate day as a national
Day of Prayer (Public Law 82-324; 66 Stat. 64); and
WHEREAS,
the history of our nation is indelibly marked with the role that prayer
has played in the lives of individuals and the nation; and
\\'HEREAS,
historically our greatest leaders have turned to prayer in times of crisis
and thanksgiving; and
\VH EREAS,
the virtues of prayer reflect a common bond: hopes and aspirations,
sorrows and fears, remorse and renewed resolve, thanks and joyful
praise, and love;
'\O\\', THEREFORE, I, Larry Doyle, mayor of Port Angeles, on behalf of the City
CounciL do hereby proclaim May 3,2001, as the
Day of Prayer
in P0I1 Angeles, in keeping with the wishes of the Congress of the United States, and I urge
all cit ns to joi 'n this ialobservance,
Ma 1 2001
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PROCLAMATION
NATIONAL POLICE WEEK
MAY 13-19,2001
PEACE OFFICERS MEMORIAL DAY
MAY 15,2001
Whereas,
the Congress and the President of the United States have designated May 15 as Peace
Officer's Memorial Day, and the week in which May 15 falls as National Police Week; and
Whereas,
the members ofthe Port Angeles Police Department play an essential role in safeguarding the
rights and freedoms of the citizens of Port Angeles; and
Whereas,
it is important that all citizens know and understand the duties, responsibilities, hazards, and
sacrifices of their law enforcement agency, and that members of our law enforcement agency
recognize their duty to serve the people by safeguarding life and property, by protecting them
against violence and disorder, and by protecting the innocent against deception and the weak
against oppression; and
Whereas,
the men and women of the Port Angeles Police Department unceasingly provide a vital public
servIce;
NOW, THEREFORE, WITH GREAT PRIDE AND GRATITUDE, I, Mayor of the City of Port
Angeles, call upon all citizens of Port Angeles and upon all patriotic, civic and educational organizations to
observe the week of May 13- J 9,200 J as Police Week with appropriate ceremonies and observances in which
a II of our people may join in commemorating law enforcement officers, past and present, who, by their faithful
and loyal devotion to their responsibilities, have rendered a dedicated service to their communities and, in so
doing, have established for themselves an enviable and enduring reputation for preserving the rights and
security of all citizens.
I further call upon all citizens of the City of Port Angeles to observe May 15,2001 as Peace Officers'
Memorial Day in honor of those law enforcement officers who, through their courageous deeds, have made
the ultimate sacrifice in service to their community or have become disabled in the performance of duty, and
let us recognize and pay respect to the survivors of our fallen heroes. In witness thereof, I have hereunto set
illY hand and caused the seal of the City of Port Angeles to be affixed.
Larry Doyle, Mayor
City of Port Angeles
May 01, 2001
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PROCLAMATION
NATIONAL MARITIME DAY
May 22, 2001
WHEREAS, in peace and in conflict, ships and seafarers have held a special place in our
nation's history; and
WHEREAS, we as a people and as a nation owe a debt of gratitude to all who have served us,
with 62 being prisoners of war who died. During World War II more than
250,000 members of the American Merchant Marine served their county, with
more than 8000 giving their lives, hundreds being detained as prisoners of war
and over 800 ships being sunk or damaged while providing every imaginable
range of supplies to the troops; and
WHEREAS, every minute of every day, this nation continues to benefit from the dedication,
loyalty and work of the American Merchant Marine; and
WHEREAS, on May 22, 1819 the American steam vessel, S.S. Savannah, sailed from
Savannah, Georgia, to Liverpool, England, commencing the first successful
crossing of the Atlantic Ocean using steam propulsion; and
WHEREAS, by joint Congressional resolution passed in 1933, May 22 was designated as
National Maritime Day;
~ NOW, THEREFORE, I, Larry Doyle, Mayor of the City of Port Angeles, on behalf of the City
~ Council of Port Angeles, recognize May 22, 2001 as Maritime Day and urge all citizens to join
~ ' me in giving honor and appreciation to the members of the American Merchant Marine.
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Larry Doyle, Mayor
May IJ 2001
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5.S. JUAN do FUCA INFORMATION.
8.S.JUAN DB FUCA - Byilt : Jan.1943 i Vancouvor;. WA.
D~ions : 441' x 57' x 37' Cross Tons: 7176
Company: Woyerhaeuaer Steamship Co. Tacollla, Wash.
Haator: Charles S. Robbins
The Liberty ship, Was but 1 of the 2711 such type bu1lt ~urlng
WW II. Hare 1s but 1 part of what it Qnd~e~ during it'. service;
It vas att~cked by Japanoso aircraft 1n 2 ~oparato attacks,
tho first at 0920 G~r on Docombor 21,1944 and the secoRd at
1910 GCT on December 30,1944. llor crew numberQd 41 merchant
&e4UIlen with an additionAll 28 U.S. Naval Armod-Guard onboard.
No ono Was killed:
At 0920 GCT on Dec.21st. the ship was enroute trom Leyete
to Kindoto Zaland, having left Leyoto on Dec.15th. She Was
CArrying a cargo of luwbtir, cement, pilings, portable buts ~
27 U.S. Army personnel. The ehip was in a 9 knot convoy. A plane
approached tho IIhip from tho port qWlrtlir, headQd tor a cruh
dive on the midah1p house. Tho plane waa hit many times by tbe
ahip.s guns, oper~ted by both Navy and merchant crews onboard,
c~us1ng it to crollBh.into I 2 hold. 'l'ho bomb the plane was
c~rrying explodod on Lapact, starting a fire. Number 2 hold
WAa oArryiQ~ lumber and pilings ~s wull aa the Army per.onnol.
~he tire waa brought undur control within 45 minute.. The ahip
proceeded'with the convoy. Thun At 0930, t~o Japane.. boabers
dropped bombs which lAndud About 25 yards oft tho port and
&t~board sidea on " and 12 ~oldB. .
On Dec.30th, a plAlnu approached from the pQrt s1do of Il bold
blowing a hole in the uide of the hull big cnough to drive Z
trUCKS through. At tho timQ of tho attack, the ship v.. cruising
around about 2 miles off luaboloni :Ialand ulS1n9 VArious courses
and ap..da. After A torpedo hit, the ship Attempted to find
ahol tor in 1 of thocovea adj acunt to Amboloni Island. At about
2200 hrs. she rAn aground on a reuf off PAlbug~n Point on the
Zsland and could not back otf. On Jan.19,194S, ~he was still
aground with ",2 and 3 holds flooded and the hull splitting
at the waterline abreaKt ot M4 hold. Howevor, aho was aUCCOUD-
fully refloated on Fob.24th and towed to Subia Bay. The U.S.
Navy took bar OVQr in Soptember 1945 and in 1946 ahe va. returned
to commerciAl service as the S.S. Juan de Fuca once again.
C&1ptun RObbins, was oommanded by our govornment. tor hi.
handling of thoso dango~oua happenings, as well as all hiu crev.
e Thu AbOVQ information can be found in a book called :
^ CARBLBsS WORD - A NEEDLESS SINKING by Arthur Moore. Copies
of this historical book can bo found in many Llbra~1e. tbrouqh-
out tho country. It contains intor~at1on of ~ny other happen-
1ngs of oVur 866 ~uch ~erchant ~hipu which operated duriQq tho
WW I:I UrA.
Our chaptor WAS nallled aft~r th1s old liberty ehip, in bonor
of tho over 8,700 merchant seamen who as dedicated volunteers
served on tho over 5,517 variouu tYP03 of ships duriQq WW IX
who v_va tho ultimate sacrifice, ~lQnq v1th 90 manv o~hn~~ vhn
~ere ~A~on as Priaonara of Wur, and the wany other who woro
lnjuJ"ec2 do.1ng their joba. We w1.1~ cOllt1.nuo 1n our attompt to
uducate a~l c1ti~on>> 4U to whilt wo who ~orvod did aa our part
to keop our country free and liafu froll& All cnelll.1ea.
"WE,'RE PROUD TO llAVK NAMED OIJR CHAPTER AFTER HBR"
Harold "BUD" Schmidt Sr.
Chaptur pr6Sident and Nu",:slottE1r Ed.itor...and WebmAuter.
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The President of the United States takes Pleasure in Presenting the Merchant Marine Distinguished,
Service Medal to .
..lIcharles S. Robbins
Master ofSS Juan De Fuca 12/21/44 to 1/1944
For distinguished service in the line of duty.
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His ship, SS Juan De Fuca, had completed discharging troops and vital war material at Leyte under.' .. . ........ '
continuous enemy air raids. The ship then loaded troops and gasoline cargo for delivery to Mindol'C).~'.:::t1~:/' .:
En route the convoy was attacked by several Japanese bombers. Suddenly a suicide plane appeare4":::.:>!:::,::~. ."
and, although hit many times by the ship's guns, dived into No.2 hold where its bomb load expl~.;;i.~F:::':'
Under the personal leadership of Captain Robbins. and with utter disregard to personal risk from the ,;.... . :
raging furnace, the well-organized crew broke out fire hoses, entered the burning hold and brought ',.,.:. '
the flames under control.
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While discharging cargo at Mindoro the port was attacked at dusk by an enemy task force. Moving
out of the port to evade the enemy - while vessel was being strafed from stem to stem - Captain
Robbins so expertly maneuvered his ship for several hours that only minor damage resulted from
"near misses." Later when again proceeding from the port to.avoid being silhouetted by a burning
tanker. a torpedo plane dived on the ship and released an aerial torpedo which exploded in No.2
hold In a sinking condition the vessel stranded on a reef. "qle crew was ordered ashore. the Master ..'
and one member of the crew remaining aboard The following day shore officials issued orders ,.
permitting the Master and crew to be evacuated, but Captain Robbins refused to leave his ship. All of"""
his crew, excepting seven, volunteered to remain with him. .
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For a month, the Master and crew, under continuous air attack, succeeded in diScharging the urgent1y',~:;.'.:' .1
needed cargo, and exerted every effort to save the ship until it was declared abandoned by militaIy '., "'.' . .'
authorities. Reluctantly the Master and crew left the ship.. Subsequently Captain Robbins and eight ."
members ofhis crew volunteered and were given permission to man the damaged and abandoned SS '1
John M. Clayton' during salvage operations and successfully brought the latter vessel to a United
States port.
His unfaltering courage. indomitable determination and expert seamanship in the face of many
dangers were in keeping with the fwest traditions of the United States Merchant Marine.
For the President,::~:::...,:.',
Admiral Emory Scott Lan~l:t;:...:,
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Not toolat~f9r'm~~io~~.~
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to collect benefits.
". Dear Abby: World War II
maHhers; 'who sUffered the
b.ighest C8BUalty rate of any of
the branches of service while
they delivered troops, tanks,.
airplanes and fuel to every
theater of war, were belatedly
awarded veteran status in
1988 and iri 1998.
Thus farj only 95,000 out
of a quarter-million eligible
mariners, or their survivors,
have applied for veteran sta-
tus. Application procedures
can be found at
www.USMM.org/update.html
or by sending a business-size
self-addressed, stamped (55
cents) envelope to AMMV:
WWII, P.O. Box 2361, Berke-
ley, CA 94702.
This is important because
men and women who served
DEAR ABBY
in the U.S.
Merchant
Marines and
the U.S.
Army Trans-
port Service
may be eligi-
ble for med-
ical care and
prescriptions
through the
Veterans
Administra-
tion. At the very least, they
can tell their grandchildren
they are "veterans of World ,
War II," and can get a flag for
their coffin and a grave
marker.
Mariners from the Korean,
Abigail
Van Buren
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Vietnam, Gulf wars, and the
U.S. Maritime Service, the
official WWII Merchant.i
Marine training organiiation,
should contact AMMV:..
OTHER, at the 'above
address, so that they, too, can
join together in applying for
veteran status.
Dmiiel Horodysky,
communications direc-
tor, American Merchant
Marine Veterans
Dear Daniel: I am. pleased
that these unsung heroes are
now able to receive benefits
as they should have been in
the first place. Better late
than never.
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PROCLAMATION
NATIONAL PUBLIC WORKS WEEK
MAY 20-26,2001
WHEREAS, public works services provided in our community are an integral part of our
citizen's everyday lives; and
WHEREAS, the support of an understanding and informed citizenry is vital to the efficient
operation of public works systems and programs such as electrical, water,
sewer, streets and highways, public buildings, solid waste collection and
disposal, snow removal and engineering services; and
WHEREAS, the health, safety, and comfort of this community greatly depends on public
works facilities and services; and
WHEREAS, the quality and effectiveness of these facilities, as well as, their planning,
design, and construction, is vitally dependent upon the efforts and skill of its
public works employees; and
WHEREAS, the efficiency of the qualified and dedicated personnel who staff the public
works department is materially influenced by the public's attitude and
understanding of the importance of the work these people perform;
NOW, THEREFORE, BE IT RESOLVED THE CITY COUNCIL OF THE CITY OF PORT
ANGELES in consideration of the above findings declare:
The week of May 20th through May 26th, 2001, shall be known as "NATIONAL PUBLIC
WORKS WEEK". I urge all citizens and civic organizations to acquaint themselves with
the issues involved in providing our public works services and to recognize the
contributions that public works employees ake every day to our health, safety, and
comfort.
Larry Doyle, Mayor
7
Mav 1. 2001
DATE:
To:
FROM:
SUBJECT:
FORTANGELES
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WAS H I N G TON, U. S. A.
CITY COUNCIL MEMO
May 1,2001
MAYOR DOYLE AND CITY COUNCIL
Glenn A. Cutler, Director of Public Works and Utilities
National Public Works Week - May 20-26,2001
Summary: The City of Port Angeles has 85 public works employees dedicated to providing quality
and cost effective services to the citizens of Port Angeles, and it is fitting that the City of Port Angeles
recognize the talents of those individuals during National Public Works Week.
Recommendation: Proclaim that the period of May 20 - 26, 2001 be National Public Works Week in
the City of Port Aneeles.
I have been the Public Works and Utilities Director for the almost two years. I am very proud and impressed
with the work ethic of the 85 employees that I lead and manage in providing key and essential services to
the Citizens of Port Angeles. It is an honor to have the Mayor proclaim May 20-26,2001 as "National Public .
Works Week" in recognition of the Department's employees.
Our accomplishments this year include an outstanding achievement award from the Washington State Chapter
of the American Public Works Association for "The 2000 Public Works Project of the Year" for our
Downtown Water Main and Sidewalk Reconstruction Project.
The American Public Works Association has selected the City of Port Angeles Downtown Water Main and
Sidewalk Reconstruction Project as one ofthe Association's "Public Works Projects of the Year" for 2001.
The presentation will be made at their International Congress in Philadelphia in September.
Public Works employees maintain a very complex system of electrical, water, sewer, storm drain, solid waste
and street facilities. We are one of the few cities in the State of Washington that provides this number of
services to their citizens. A listing of general categories of our services are:
Wastewater Collection
Wastewater Treatment
Water Distribution
Water Supply and Disinfection
Solid Waste Collections
Solid Waste Disposal
Curbside Recycling
Street maintenance
Drainage/Storm System Maintenance
Electrical Distribution System Maintenance
Equipment Maintenance
Conservation Programs
Building and Construction Permits
Civil Engineering
Electrical Engineering
Community Service Worker Employment
It is a pleasure to work with such a talented and dedicated group of employees.
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Attach: Proclamation
APW A Letter
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~ORTANGELES
WAS H I N G TON, U. S. A.
CITY COUNCIL MEMO
DATE:
April 20, 200 I
To:
MAYOR DOYLE AND CITY COUNCIL
FROM:
Glenn A. Cutler, Director of Public Works and Utilities
SUBJECT:
Award of Contract for Refuse Collection Truck.
Summary: The 2001 budget contains funds to purchase a new Refuse Collection Truck. Four
bids were received on March 27,2001 and analyzed. City staff. has reviewed the bids submitted
and find that PeterbiltlHeil Rapid Rail system meets our requirements.
Recommendation: Authorize the Mayor to sign a contract with Western Peterbilt, Inc. of
Seattle, Washington, in the sum of $182,153.60 to purchase a Peterbilt Truck Model #320
with a Heil Rapid Rail Body and additional options.
Backeround I Analysis: The addition of a new refuse packer is needed for the conversion to 90
gallon containers. Bids were solicited and opened on March 27,2001.
Description Bid Base Cost includine Bid Result
Tax
#1 Peterbilt 320/McNeilus Auto Reach $145,686.00 Non-responsive
Seattle, Washington \,
#2 Peterbilt 320/Wayne Curbtender $150,626.68 Non-responsive
Seattle, Washington
#3 Freightliner Condor/Heil Rapid Rail $162,033.90 Responsive
Pacific, Washington
#4 Peterbilt 320/Heil Rapid Rail $150,650.15 Responsive &
Seattle, Washington Low Bidder
Bids were analyzed and we found that 2 of the bids submitted did not fully meet specifications.
#1
McNeilus Auto Reach: Specifications called for a 24-yard box, McNeilus only provides
a 22- yard box. The City specified controls to be electric controlling hydraulic
operations. The bid offered was air controlling hydraulic operations which is
unacceptable.
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City Council Memo
Dated May I, 200 I
Page 2
#2
Wayne Curbtender: The City specified controls to be electric controlling hydraulic
operations. The bid offered was air controlling hydraulic operations which is
unacceptable.
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We have found the electric controlling hydraulic operations have proven to be more reliable and
superior as compared to the electric controlling hydraulic operations for the refuse packer
systems. This system has been in our bid specifications for all our trucks and our standard for a
number of years.
In order to find the true cost of the Packer Truck we bid a truck and body as one package with
our proposed options separately. The option package is needed to help reduce driver fatigue and
ergonomic stress, which will reduce injuries. The new innovations for the truck will reduce the
time in the shop, for such items as brakes and tires. An extended warranty is also desired. The
below listed options were bid separately to insure that there was adequate funding to cover these
costs.
Listed options: Cos t
Ergonomic & Safety Features
Drivers seat upgrade to an ergonomic design $ 300
Dual brake pedals $ 650
Double spot mirrors $ 195
Hydraulic hopper cover $2,360
Operate in gear at Idle System $1,400
LED lights $ 560
Single tire fenders $ 390
Shop Items
Brake retarder system $8,250
5-year/150,000 m extended warranty Engine $2,250
& Transmission (Normal 2 - year/60,000 m)
Tire air pressure monitoring system $1,100
Lincoln lube auto lubrication system $1,120
Complete spare parts package $2,825
Two-year extended warranty Body $3,600
Frink Model snow plow $5,225
Totals $30,225 + 8.2% Tax = $32,703.45
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City Council Memo
Dated May I, 200 I
Page 2
Total cost for the truck and body, including tax.
Total cost for the options, including tax.
Credit for payment of truck when available to body manufacturer
$150,650.15
$ 32,703.45
($ 1,200.00)
Grand Total=$182,153.60
Addition of the listed options does not change the low bidder for the refuse collection truck.
The City has $156,000 for the new unit in the Equipment Services budget. The additional
$26,153.60 for the options is available in the Solid Waste budget due to savings in cover material
costs.
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~ORTANGELES
WAS H I N G TON, U. S. A.
CITY COUNCIL MEMO
DATE:
May 1,2001
To:
MA YOR DOYLE AND CITY COUNCIL
FROM:
Glenn A. Cutler, Director of Public Works and Utilities
SUBJECT:
Contribution to Electric Utility Rural Economic Development Revolving Fund for
2001
Summary: The City Council established the Electric Utility Rural Economic Development Revolving
Fund (Fund) in 1999. By contributing $75,000 into this fund, the Light utility can receive a $25,000
credit on its excise taxes owed to the State. The Light utility would like to contribute to this fund again
for the year 2001 in the amount of $75,000. It is expected that the Economic Development Steering
Committee (P A Works!) will utilize these funds for the City's Economic Development projects.
Recommendation: Authorize the transfer of $75,000 from the Light Fund to the Electric Utility
Rural Economic Development Revolving Fund.
Backl!round / Analvsis: In 1999, the City established the Electric Utility Rural Economic
Development Revolving Fund (Fund) and the Light Utility contributed $50,000 into the fund in
1999 and 2000. By contributing at least $50,000 to the Fund, the Light Utility can receive a
credit of $25,000 on its excise taxes for the year. The Light Utility would like to contribute
$75,000 to the Electric Utility Rural Economic Development Revolving Fund again this year so
we may receive the $25,000 credit for 2001. Applications for this credit are accepted starting
May 1, 2001, and we would like to submit our request as soon as possible as funds are limited to
$350,000 per year for the entire State.
When the Fund was created in 1999, the Economic Development Steering Committee (PA
Works!) was designated as the board that oversees the fund. It is expected that this board will
designate the funds to the City's Economic Development projects consistent with the 2001 City
budget, as the qualifying projects designed to achieve job creation or business retention.
Staff recommends that $75,000 be transferred to the Electric Utility Rural Economic
Development Revolving Fund. This contribution to the Fund was included in the 2001 budget.
The Utility Advisory Committee has reviewed this issue and concurs with the staff
recommendation.
N:\PWKS\L1GHT\POWM\MEMOS\cc041701 edf.wpd
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~ORT ANGELES
WAS H I N G TON, U. S. A.
CITY COUNCIL MEMO
DATE:
May 1,2001
To:
MAYOR DOYLE AND CITY COUNCIL
FROM:
Glenn A. Cutler, Director of Public Works and Utilities
SUBJECT:
Award of Contract Lauridsen Blvd./Edgewood Dr. Realignment Project
Summary: Bids were opened for the Lauridsen Blvd./Edgewood Dr. Project on April 10, 200 l.
Recommendation to award the contract has been delayed pending review of a minor bidding
irregularity. The review is complete. Primo Construction, Inc. 'of Sequim is considered to be
the lowest responsible bidder.
Recommendation: Award and authorize the Mayor to sign the contract for the Lauridsen
Blvd./Edgewood Dr. Realignment Project No. 91-07 to Primo Construction Inc. of Sequim
in the amount of $956,443.06.
Back~round / Analysis:
Bids were opened and read for the Lauridsen Blvd./Edgewood Dr. Project at 1 :00 pm April 10,
200 I in the City Council Chambers. Four bids were received and Primo Construction, Inc. was
the apparent low bidder with a bid of $956,443.06.
Subsequent to the bid opening, it was discovered that there was a bidding irregularity. All of the
bidders were notified and advised of their right of an administrative review. An award
recommendation of the contract has been delayed pending the completion of the review. The
review has been completed, the irregularity is considered to be minor, and Primo Construction,
Inc. has been determined to be the lowest responsible bidder.
The results shown below have been corrected as needed in accordance with the specifications:
Contractor
City
Bid Amount (excluding tax)
$956,443.06
$1,039,548.90
$1,082,067.18
$1,242,272.15
$1,579,495.00
Primo Construction, Inc.
Sequim, W A.
Port Angeles, W A
Port Angeles, W A.
Port Orchard, W A
Bruch & Bruch Const.
DelHur Construction
R V Associates
Engineers Estimate
r . . . ,- ~
. ,
.'
~,.."""'~...........'"".............._.....___"'...~'-' "~:l""'",."""'<<el.....-.t~
It is recommended that the contract be awarded to Primo Construction, Inc. of Sequim, W A.
N:\PROJECTS\91-07 AR\MEMOS\CCAward.wpd
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16
2065832707
HG&Y
F-115 T-094 P-002
MAY 01 '01 16:47
,j,.
"
HIGHT GREEN
& YALOWrrz
LAw OFFlCES
Sf:t::OND & SEN~CA BUILDING
1191 SECOND AVENUE, SUITE 2110
SEAmE, WASHINCTON 98101-2968
KENNETH G. Y A.I.OWITZ
May 1, 2001
(206) 622-1400
FAX (206) 583-2707
E-MAIl:
kgy@HICH'fCREEN,COM
Via Facsimile & U.S. Mail
Mr. Glen Cutler
Director of Public Works & Utilities
City of Port Angeles
321 East Fifth Street
P.O. Box 1150
Port Angeles, Washington 98362-0217
Re: Contract Award for Lauridesen Blvd./Edgewood Drive Realignment
J1;€:."
Dear Mr. Cutler:
I am writing in response to Mr. Craig Rusk's letter of April 30, 2001 and to
supplement my letter to Gary Kenworthy dated April 12, 2001. I represent the low
bidder on the laurisdesen Boulevard project, Primo Construction, Inc.
~\-
Mr. Rusk represents Bruch & Bruch Construction, Inc., a disappointed bidder
on the project. Bruch & Bruch asks the City to reject Primo's bid and award the
City's contract to Bruch & Bruch. The City may not grant Bruch & Bruch's requests
because (a) Bruch & Bruch failed to comply with the instructions to bidders; and
(b) Primo Construction's bid was the lowest responsive bid.
L Bruch & Bruch's Bid Was Nonresponsive Because It Failed to
Comply with the I nslructions to Bidders.
The present dispute arose because the proper DBE reporting form was
inadvertently left out of the City's bid package. Primo identified its DBE subcontrac-
tors on the UUsting of Proposed Subcontractors" form included in the bid package.
The City has confirmed that Primo met the 5% DBE requirement imposed by the
Contract Documents.
...'
2065832707
F-115 T-094 P-003
HG&Y
MAY 01 '01 16:47
. ,
Mr. Glen Cutler
May 1,2001
Page 2
Bruch & Bruch inserted into its bid package aWSDOT DBE certification
form. Bruch & Bruch asserts that, because it supplied the missing DBE certification
form, its bid is res~onsive and Primo's is not. Bruch & Bruch's argument is without
merit.
The City's instructions to bidders prohibited the insertion of extraneous
materials into the bid package. The third paragraph of the "Information for Bidders
and Checklist" provided as follows:
Each bid shall be submitted on the required bid form contained in the
project manual and shall be submitted attached to the proiect manual
with which it was originallv bound. ... BIDS MAY NOT BE READ if
detached from the project manual with which they were originally
bound, nor shall any of the accompanying papers be detached there-
from, but the entire package (project manual without, the plclOS),
including addendums, must be unbroken, in good order, and
enclosed in a sealed envelope, endorsed with the name of the work.
(Emphasis added.)
Bruch & Bruch's action of supplying and inserting the missing form in its bid
package was likely well intended. However, it violated the instructions to bidders.
If the City awarded its contract to Bruch & Bruch, it would confer upon one contrac-
tor an unfair advantage, and penalize bidders who chose to strictly comply with the
City's instructions. Therefore, the City may not award to Bruch & Bruch.
II. The City Should Award Its Contract to Primo.
The primary argument offered by Bruch & Bruch in support of its contention
that Primo's bid was nonresponsive is premised upon the assertion that the City
could not enforce its DBE requirements against Primo because Primo did not submit
a DBE Utilization Certificate. Bruch & Bruch argues that Primo was not bound to
utilize the subcontractors identified in its Listing of Proposed Subcontrac:.tors. The
premise underlying Bruch & Bruch's argument is incorrect.
The Contract Documents established the 5% DBE goal as a condition of con-
tract award. Therefore, all bidders were required to satisfy the DBE requirements
regardless of whether or not they completed the DBE certification form. The
Contract Documents provided, at page 111-46, as follows:
2065832707
HG&Y
F-115 T-094 P-004
MAY 01 '01 16:48
./
Mr. Glen Cutler
May 1, 2001
Page 3
The Disadvantaged Business Enterprise (DBE) requirements of 49 CFR
part 26 apply to this contract. This goal is considered a condition of
award.
(Emphasis added.)
Primo's bid constituted an offer to perform the City's work pursuant to the
Contract Documents. The DBE goals were as much a part of the Contract Docu-
ments as the requirement that the contractor provide traffic control. Primo could
not have decided between bid. opening and contract award not to provide traffic
control. Similarly, it could not have decided after bid opening not to meet the DBE
requirements. 'The Contract Documents establish forfeiture of the bid bond as the
penalty for failing to provide requested information regarding DBE's:
Procedures Between Award and Execution. Failure to provide
information meeting the DBE requirements as described shall be
reason to cause forfeiture of the proposal bond or deposit of this
bidder.
(Contract Documents, p. Ill-52.) Therefore Primo was bound to utilize the DBE
subcontractors referenced in its bid.
finally, Bruch & Bruch's argument ignores the language of the Bid Form
signed by Primo. The Bid Form provides:
The bidder further certifies that the subcontracting firms or businesses
submitted on the LISTING OF PROPOSED SUB-CONTRACTORS will
be awarded subcontracts for the described portions of the work.
Contract Documents, p. 1-11.
Primo submitted a bid package identifying DBE subcontractors exceeding the
requirements of the Contract Documents- Primo was bound by the Contract Docu-
ments and its Bid Form to subcontract with the OBE subcontractors it identified.
The bid process was fair to all bidders, so long as the City evaluates compliance
with DBE requirements based upon the subcontractor information submitted on the
forms included in the project manual. Under the circumstances, the City's failure to
include the proper DBE reporting form in the bid package, ~nd Primo's failure to
utilize the proper form, were minor irregularities that the City is free to waive.
~. .
2065832707
HG&Y
,. .
Mr. Glen Cutler
May 1, 2001
Page 4
F-115 T-094 P-005
CONCLUSION
MAY 1211 '01 16:48
Primo Construction was the lowest responsive bidder. Therefore, the City
should award its contract to Primo. If the City does not award to Primo, it may not
award to Bruch & Bruch, because Bruch & Bruch failed to comply with the
instructions to bidders.
cc: Gary Kenworthy
Craig D. Knutson, City Attorney
Primo Construction, Inc.
.J. Craig Rusk
KGY:lw
C:\L WIKCYlPR/MOIM/SCl:LLANEOUS\ 142002L5AO 1.DOC
Sincerely,
HIGHT GREEN & Y ALOWITZ
/Z
Kenneth G. Yalow'
MEMO
PUBLIC WORKS
& UTILITIES
DEPARTMENT
Glenn A. Cutler
Director [4801}
Phyllis Rasler
Administrative Assistant
, [4800} ,
, Cate Rinehart
Administrative Assistant
[4700}
Ken Ridout
Deputy Director [4802]
Gary Kenworthy
Deputy Director
and
City Engineer [4803}
Scott Mclain
Deputy Director (4703)
Jim Harper
Electrical Engineering Mgr.
(4702)
Larry Dunbar
Power Resources Mgr.
(4713)
Doyle McGinley
Water, Wastewater Collection
Superintendent [4855)
Pete Burrell
Equipment Services
Superintendent [4835]
Dave Ireland
Light Operations Manager
(4731)
Jeff D. Young
Treat Plant Superintendent
[4845]
Tom McCabe
Solid Waste
Superintendent (4872)
Steve Evans
Landfill Supervisor (4873)
Mike Horton
Street Maintenance Supervisor
. (4825)
~ORTANGELES
WAS H I N G TON, U. S. A.
Rf:~CE~VED
APR ~ L 2001
PO~T ANG{~UY)
CITY.,.,TfOPlNE"I
DATE:
April 26, 2001
To File, Pr~ject 91.07 f{ ~f) I
Glenn A. Cutler, Director J;.~
Lauridsen Blvd.,/Edgewood Drive Project Bid Award
TO:
FROM:
RE:
As Director of Public Works and Utilities for the City of Port Angeles, I am hereby setting
forth my decision on reconsideration of the responsiveness of Primo Construction's bid on
the 'Lauridsen Blvd./Edgewood Drive realignment project. ..' The City's previous
determination of unresponsiveness was set forth in Deputy Director Gary Kenworthy~s
, April 11 , 2001 letter ( copy attached): In arriving at my decision, I have reviewed the April
12,2001 from Primo's attorney Kenneth G~ Yalowitz and the Disadvantaged Business
Enterprise (DBE) requirements of the bid documents (copies attached) and have obtained
input from City Attorney Craig Knlltson and Charles Wilson III, Manager of WSDOT-
OEO's Extended Civil Rights Branch. '
Deputy Director Kenworthy's initial determination was based partially on information
obtained from the Washington State Department of Transportation's website, which .
contained material that had not been updated. Subsequent direct communication with
WSDOT has confirmed that the DBE contractors listed in Primo's bid documents are
certified as DBE contractors. Accordingly, Primo's bid did comply with the requirement in
the bid documents for meeting the five percent DBE goal. Although the appropriate DBE
reporting form was not included in the bid documents supplied to the bidders, in these
circumstances the presence or absence of the reporting form in each bid is not the material
factor for determining responsiveness. Rather, the material factor in determining
compliance with the DBE participation goal is whether the subcontractors set forth in
Primo's bid met the five percent requirement, which they did. Additionally, since the
required DBE subcontractors were actually included in Primo's bid, considering Primo's
bid to be responsive does not give an advantage to any of the other bidders. Therefore,
based on all of the above, the bid of Primo Construction did meet the DBE participation
goal and was a responsive bid. Accordingly, the contract should be awarded to Primo
Construction as the lowest responsible bidder.
cc:
G. Kenworthy
R. Johnson
C. Knutson
N:\PROJECTS\91-07 AR\reconbid. wpd
04/30/2001 15:17 FAX 2066826234
OLES MORRiSON
----,
<eJVV':/V1.l.
I
[O)~@~~\VJ~~
Ul1 MAY - I 2001 ~
/'
CITY OF PORT ANGELES
CITY CLERK
OlES MORRISON RINKER & BAKER LLP
LAWYERS
1. Craig Rusk
AdmItted in Washington & CaJifomla
E-mllilllddre,,: ruskrB:loles.com
April 30, 2001
Copy Via Facsimile Transmission
Original Via U.S. Mail
Mr. Glen Cutler
Director of Public Works & Utilities
City of Port Angeles
321 East Fifth Street
PO Box 1150
Port Angeles. Washington 98362-0217
Re: Contract Award for Lauridesen Blvd/Edgewood Drive Realignment
Dear Mr. Cutter:
We are the attorneys for Bruch & Bruch Construction, Inc. and are writing to you in
response to the April 26, 2001 letter from Gary Kenworthy of the Department of Engineering
Services to the bidders on the above-referenced project. From the letter, it appears that the City
has decided to award this contract to Primo Construction, Inc. stating that It is "the lowest
responsible bidder." Such an action by the City would be contrary to the clear requirements of
the contract documents and it would be contrary to Washington law. Bruch & Bruch
Construction. Inc. hereby protests this planned action.
The bid submitted by Primo was not responsive. The facts are clear and the law is clear.
The solicitation documents specifically required that the bidders submit a Disadvantaged
Business Enterprise Utilization Certification. Primo did not. As will be explained below. in
greater detail, the City, by allowing Primo to not submit the clearly required Infonnation has
shifted control over the decision to award or not to award to the bidder. The result is that Primo
Construction, Inc. was given an unfair and non-competitive advantage. The City, under the law,
does not have the authority to enter into a contract with Primo. The results would be an illegal
contract that would allow Primo to walk away from the project at any point.
. The facts are not in dispute. The contract documents contained specific Disadvantaged
Busin~ss Enterprise (DBE) requirement. At page 111-46, the contract documents state: "The
Disadvantaged Business Enterprise (DBE) requirements of 49 C.F.R. part 26 apply to this
contract. This 90alls considered a condition of award."
At page III-50, the contract documents state:
701 PIKE STREET, SUITE 1700. SEATTLE. WASHINGTON 98101-3930
11:LEPHONE: (206) 623-3427" FAX: (206) 682-6234
U4/JU/~UU1 15:17 FAA ~UijijO~ij~J4
UL.t.:' Il1UK1U .:lui...
~VVoJl VJ..J.
April 30. 2001
Page 2
DBE Utilization Certification.
The bidder !!1ill! submit with the bid, a Disadvantaged Business
Enterprise Utilization Certification which has been made a part of the
proposal. The contracting agency shall consider as non-responsive those
bids submitted which do not contain a certification that meets all contract
requirements. (Emphasis Added.)
The Advertisement for Bids stated: H All bids shall be submitted on the prescribed bid
forms and in the manner as stated in this advertisement and in the project manual. . . ."
;"
I'
The Disadvantaged Business Enterprise Utilization Certification form that was called for
in the bid documents states as follows:
To be eligible for award of this contract, the bidder must fill out and
submit, as part of his/her proposal,. the following certification relating to
Disadvantaged Business Enterprise (DBE) requirements. The certification shall
be deemed a part of the resulting contract. Failure to fill out and submit this
certification. the inclusion of a false certification, or insufficient projected use of
DBEs, shall be considered as evidence that the proposal is non-responsive to the
invitation to bid.
It is undisputed that Primo Construction did DQ! submit a DBE Utilization Certification.
Because of that the City has limited its ability to enforce the OBE requirements and has
conferred a substantial advantage on Primo that was not given to any other bidder. That is.
giving Primo the ability to either avoid the DBE requirements or gMng Primo the ability to make
. a choice on whether to conform or abandon the contract after the award date.
I. THE CONTRACT INCORPORATES ~49 OF THE CODE OF FEDERAL
REGULATIONS.
49 C.F.R. ~26.53 sets forth he reQUirements for a recipient to follow In a situation where
there are contract DBE goals. The recipient in this would be the recipient of federal funds which
would be the State of Washington and the City of Port Angeles. Attached hereto as Exhibit 1, is
a copy of the appropriate section of the C.F.R. Subsection (a)(2)(b) provides that in the
solicitation the City must require the following:
. . . (2)(i) the names and addresses of DBE firms that will participate in the
contract, (i1) A description of the work that each DBE will perform, (Iii) the dollar
amount of the participation of each DBE firm participating. . . .
Section 26.53 continues in subsection (b)(3) stating the time for the supplying of this
information. The recipient. that is the City, has the discretion to make a determination at that
point. The information must either be provided under sealed bid procedures as a matter of
resoonslveness or it can be handled as a matter of responsibility which would allow submission
after.r{he bid opening. However, here the City, in its own bid documents chose to maKe it a
matter of responsiveness. In other words, if the Information is not submitted the bid is not
responsive and cannot be accepted. To do otherwise would violate the C.F.R. provisions.
U4/JU/~uul 15:1~ tAA ~uoo~~o~J4
vLf..::, allJKIU ;:,vi~
~VV"'/VJ.~
April 30, 2001
Page 3
II. A PUBLIC AGENCY IS REQUIRED TO EVALUATE RESPONSIVENESS AT
THE TIME OF BID OPENING. A NON-RESPONSIVE BID MUST BE
REJECTED. /
Public bidding such as occurred on this contract, is a well-defined process. It must be
remembered that one of the most important goals is to ensure the integrity of the bidding
process. Not only is it important when expending public funds to ensure that everything is done
properly, it Is also important to give an incentive to contractors to participate in public bidding. If
potential bidders believe that the system can be manipulated and bids will not be fairly and
accurately evaluated, then the pUblic agencies will receive far fewer bidders and the cost of
performance of work will go up.
In this particular case, the City elected to make the completion of the DBE certification
an issue of responsiveness. This means that the City, by its own choice, set up a system
whereby if a bidder failed to submit the DBE certification form. then its bid was non-responsive
and should be reject~. One only needs to review the above quoted language from the contract
documents to verify this. The issue of responsiveness is one that has been long recognized
and discussed extensively in the law. In a well-recognized treatise on bidding the offer, Mr. Paul
Shnitzer stated as follows:
To be responslvti.. a bid must be submitted in exact accord with the
essential terms of the Invitation for Bids (IFB) and within the time specified for its
receipt. Any significant deviation from the IFBs terms will result in rejection of the
bid, regardless of the reasons for the deviation and regardless of the fact that the
product or service offered might well satisfy the Government's requirements.
This highly obiective selection procedure is peculiar to the Government's
system of sealed bidding because of the statutory and policy considerations that
control the process. It has little application in the more flexible concept of
commercial sales, where the offer and acceptance elements of contract
formation are frequently concluded with informality and in a wide variety of ways.
Therefore stated commercial law principles have only limited applicability in the
area of sealed bidding and are of little use in determining the rights and
obligations of the Government and its bidders.
The basic procurement statutes permit award under sealed bidding only
to a bid that "conforms to the solicitation." This conformity with the IFB is called
responsiveness. To be responsive, the bid must comply in all meaningful (or
material) respects with the IFB so that - In terms of (a) the method and
timeliness of bid submission, and (b) the substance of any resulting contract -
all bidders stand on an equal footing and the integrity of the system is
maintained. To satisfy this req!Jirement the bid must be filled out and submitted
in strict accordance with the IFB instructions.
Stated another way, to be responsive, a bid must constitute a definite and
unqualified offer to meet the meaningful terms of the IFB. Meaningful terms
(often also called material terms) means those terms that (1) could affect price.
04/30/2001 15:18 FAX 2066826234
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April 30. 2001
Page 4
Quantitv. ~ or deliverY. or (2) are clearly identified by the IFB and that - for
reasons of policy - must be complied with at the risk of bid rejection for non-
responsiveness. (Emphasis in original.)
;"
Paul Schintzer, Government Contract Bidding, 3d edition, at pp. 11-2, 11-3, a Federal
Publications Government Contract text.
The above discussion makes it clear that there is a difference between Government
contract and normal purchase and sale agreements. The selection procedure must be highly
objective. The process must adhere to the requirements set forth in the very bid documents to
make s'ure that all bidders stand on an equal footing and the integrity of the system is
maintained. Here, the requirement at issue. that is, using DBEs clearly is one that would affect
price and potential delivery. OBEs are not necessarily price competitive and for reasons of
public policy Government has decided that attempts should be made to use their services.
Because Primo did not submit the required certification at bid time, there is no mechanism of
enforcing the DBE requirements. No~ having to use DBEs is a well-recognized, competitive
advantage. Primo did not sign a certification that stated that it .shall" enter into a subcontract
with the listed DBEs. Instead it merely listed some.OBEs among its proposed subcontractors.
Where is the contractual guarantee of .specific DBE use provided by the certification. Likewise,
the requirement of listing the DBEs is one that the Invitation for Bid documents clearly identify
as one that must be complied with at the risk of bid rejection for non-responsiveness.
III. A PUBLIC BODY CANNOT WAIVE NON-COMPLIANCE WITH (I.E., NON-
RESPONSIVENESS TO) THE BIDDING REQUIREMENTS IN FAVOR OF A
BIDDER IF THAT BIDDER RECEIVES ANY SUBSTANTIAL ADVANTAGE
THEREBY NOT ENJOYED BY OTHER BIDDERS.
The above is a statement of the dear law in the State. Here. the City is attempting to
confer a substantial advantage on Primo Construction. Primo did not submit a certification.
After bid opening Primo therefore had the opportunity to review Its bid, compare it to others and
decide if it wanted to accept the contract. Because it did not submit the certification, there Is no
contractual mechanism available to the City to require Primo to award subcontracts to any
particular DBEs. This is in contrast to Bruch & Bruch. Construction, Inc. which did submit the
certification and under the contract and law is therefore required to enter into subcontracts with
the listed DBE. This means that the City is allowing Primo to determine whether it wants to
comply with the contract or refuse to comply and therefore not be awarded the contract thus
being let out of its bid obligation. That, in and of itself, is an enormous competitive advantage
that the City Is Conferring on Primo.
The principle stated in the heading is discussed and illustrated in the case of Land
Construction vs. Snohomish County, 40 Wn. App. 480, 698 P.2d 1120 (1985). An apparent low
bidder there challenged Snohomlsh County's rejection of Its bid as non-responslve which had
been made upon the basis of the contractor's failure to comply with the mandatory contract
specifi,cation requiring utili2:ation - and listing in the bid submission, of women's business
enterprises officially certified by a public agency. The disappointed bidder's bid was rejected
because it listed a women's enterprise that was not properly certified. The court upheld the
County's determination of non-responsiveness. It rejected the contractor's challenge stating:
04/30/2001 15:19 FAX 2066826234
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April 30.2001
Page 5
The issue is whether Land Construction was entitled to have its bid
accepted. The following principles apply:
Although the primary purpose for the requirement of public
bidding is for the protection of the general public, it is also
recognized that another purpose is to provide a fair forum for
those interested in undertaking public projects. If there are
matenal irregularities in the bidding process, then the municipality
should not accept the offensive bid. It may. however, waive the
irregularity as an informality in the bidding if the irregularity is not
material. The test of whether a variance is material Is whether it
Gives a. bidder a substantial advantaoe or benefit not enjoyed by
other bidders. . . .
;'
Gostovich vs. West Rich/and, 75 Wn.2d 583. 587, 452 P.2d 737 (1969).
land Construction would enjoy a -substantial advantage" over other bidders if
permitted to submit the low bid with a non-certified WBE and then substitute a
certified WBE after the bids are opened in that it can refuse to make such a
substitution if it discovered that its bid was too low. Because it is the acceptance.
not the tender of a bid for public work which constitutes a contract. Mottner V$.
Mercer /s/and. 75 Wh.2d 575, 578, 452 P.2d 750 (1969), Land Construction
would have no obligation to perform under a bid containing a non-certified WBE.
Before its bid is accepted. Land Construction could not be compelled to
substiMe a certified WBE. Snohomish County could not accept this low bid until
it contained a certified W8E. If Land Construction was permitted to make this
substitution after the bids are open. control over the a~rd of Dublic works'
contracts would pass from the municip~litv involved to the low bidder.
40 Wn. App. 482-483. Emphasis added.
The key here is that the City has no mechanism to enforce the issuance of subcontracts
to the listed subcontractors because no certification was submitted. The fact that Primo may
subsequently state that it will issue subcontracts or even that it may subsequently provide a
listing or fill out the certification form is irrelevant The point is that at the time bids were
submitted and opened. Primo had not included the proper certification. What this means, as the
court pointed out above, control over whether to proceed shifted from the City to Primo. That is
impermissible as a matter of law. It is also terrible public policy.
IV. A BIDDER IS NOT PERMITTED IWO BITES OF THE APPLE:
The situation before the City is one that is commonly referred to as a bidder seeking
~Two bites of the apple." land Construction is directly on point. In that case. as indicated in the
quotation set forth above, the court held that the bidder that listed a non-certified woman's
busine;s enterprise, instead of the required certified enterprise, would have an unfair advantage
if it were allowed to substitute a certified WBE after bid opening. The reason it would have an
unfair advantage is that because it would, in effect, have two bites at the apple. In other words.
after bid opening. if the non-complying bidder had determined that it actually did not want the
job (because it determined that its bid was too low), it could simply refuse to substitute a
certified WBE, thereby precluding the public owner from accepting the bid which did not include
1J4I JU/2UU1 1;): 19uFAA 2UUtHl2B2J4
VLt..::i b1\J!ili l.::iUl'l
~VVII v~...
April 30. 2001
Page 6
the required certification. The vice that would arise is that control over the award of public
works' contracts would pass frdm the municipality involved to the low bidder.
The bid submitted by imo allows Primo to bbtain the two bites of the apple. After bilf
opening Primo had the oppo nity to determine exactly what position it would take. It could
compare its bid to those of 0 her bidders and, at that point, decide whether it was going to
comply with the DBE require ents and possibly provide the required certifications. If, on the
other hand, Primo's bid was to. low after it had looked at all of the bid prices, Primo could say to
the City, .our bid Is non-responlsive because we did not provide the certification and furthermore
we are not going to provide thJ certification nor are we going to utilize DBEs." At that point, the
City would have no ability to tforce a contract nor would it have the ability to foreclose upon
Primo's bid bond.
By not utilizing the r~uired certification form, Primo placed itself in the position of
determining which choice it w~uld make about its bid after all the prices had been disclosed.
The fact that Primo has this ~hoice, while other bidders do not, is utterly improper and runs
contrary to the very basis for mpetitive bidding in the State of Washington - that there must
be a level playing field upo which everyone competes equally. See Gosovich vs. West
Rich/and, 75 Wn.2d 583. (1 69). The bid submitted by Primo is non-conforming to the
requirements of the bidding d ments. It affords Prlmo the forbidden "two bites of the apple."
It must be summarily rejected.
V. LISTING D8E UBCONTRACTORS ON THE PROPOSED SUBCONTRACTOR
LISTING IS N T EQUIVALENT TO PREPARING AND SUBMITTING A
PROPER CER FICA TION.
On Apri/11, 2001, the fity wrote to Primo Construction and informed Primo that Its bid
had been determined to be on-responsive. Prlmo had not submitted the DBE Utilization
Certification but had instead S ,bmitted a listing of proposed subcontractors. That listing merely
states that the bidder shall list jail subcontractors proposed to be used on the project" There is
no further crlteria for completirg this form in the contract documents. Primo objected to the
determination of non-responsireness and submitted its argument that companies listed on its
proposed subcontractor's fO~ were, in fact. bona fide DBEs and it had therefore met the
percentage goal in the specifiptions. The City investigated and Primo is correct in that the
companies listed on its subcoljltractor's form in fact are current DBEs. However. what neither
the City nor Primo addressed is the advantage Cliven to Primo allowinQ it to submit its bid
without the reouired certification. '
One need only compa~1 the language of the certification form with that of the proposed
subcontract listing. A copy f the form is attached as Exhibit 2. As noted, the proposed
subcontract listing merely requ res that the bidder list all subcontractors proposed to be used on
the project. There is no affirm tive statement that the contractors have been contacted. There
is no affirmative statement t~at a contract actually will be entered into, nor is there any
contractual hindrance to repla1ng any of the proposed subcontractors. In other words, there is
no te~h in the listing of proposed subcontractor's form.
That is in sharp contras~ to the certification form, The certification is deemed to be a part
of the resulting contract. Und r the terms of the certification, the bidder certifies that the listed
DBE -. . . have been contacte regarding partIcipation on this project and, if is the successful
...--
lJ~7JO/2001 Ia:2uFAX 20668262J4
OLEoS MU1<1<lSUN
~VVOI VJ...1.
April 30. 2901
Page 7
bidder on the project, it shall ward subcontracts to or enter into supply agreements with the
following DBEs as indicated."1 The difference is clear. not only is It required to certify that
contact has been made but a so that a contract shall be entered into. That is, not requi(~d
under the language of the proposed subcontractor listing. The language of the contract itself
greatly limits the ability to repl~ce OBEs. In fact, the only time that it appears to be allowed is
when the DBE loses its certification prior to the commencement of work. In that situation only is
the prime contractor allowed t6 substitute another DBE. For example. 49 C.F.R. 926.53(f)(1)
and (2) place restrictions onl the ability to terminate and/or replace DBE subcontractors.
Compare this to the proposed lubcontractor form which places no limits on the ability to replace
the listed subcontractors.
. The flaw in the City's a..ralysis as set forth in its April 26, 2001 letter is that the City fails
to look at the issue rai~ed by trle Land Construction case. The City properly rejected the bid for
being non~responsjve. Howe~r, it has allowed Primo to elect whether it wants to go forward.
Primo had not listed anything on a certified DBE Utilization form. It had not executed any
document by which Primo sfa ed that it was bound to enter into subcontracts with specified
DBEs. At the point that the bi documents were opened, Primo retained the ability to state that
it was going to change some at its listed subcontractors. there was no restriction on its ability to
dO so as none of them had been listed as certified DBEs on the utilization certificate. It also
could refuse to execute a certification. While Primo argues that it has met the intent of the
documents, it failed to recognite that it had the ability to make an election and because of that
control over the decision of wh~ther to go forward with the contract that passed from the City to
Primo. This is the two bites of ihe apple that is not allowed.
I
As we have set forth above, the law does not give the City a choice in this matter. It
cannot award the contract to Primo. If the City wishes to proceed it should be award to the next
low bidder Bruch & Bruch. Bruch & Bruch submitted a bid that conforms to the requirements of
its solicitation and is therefore a responsive bidder. As such, it is the lowest responsive and
responsible bidder and the City should move forward with the award.
Attachments
cc: Bruch & Bruch Construction, Inc., w/a achments
Gary Kenworthy, Deputy Director, En1J ineering Services, w/attachments
Craig Knutson, City Attorney, w/attac ments
The City Counsel for the City of Port ngeles, w/attachments
c.JCR le-CUTlER 06115~rot8l(
U4;JU;,UVl lO;'V rAA ~UOOO~O~~~
U.L..C.::J "U.Vl\.l\J. .)VJ.'
S 26.53
,
...
(g) In =y year in which you prq.lect
mllednll part of your 80111 through
race-neutral IDe81\$ and the runalnder
through contract gOOs. YQ~ m\lSt
rnalnWn data ,eparately on DBE
achievements 1n those contTaCU with
and without cotltract goals, respec-
tively. You mwt "pon this data to
the concerned op=ating adminiStra.
tion as provided In H..n.
I 28.58 What aN: the .ood fIlU1\. etrortJ.
Pl"Oced_ recipients fono", in ,itu-
atiotu where theN ant contract
:oaJa1
(a) When you have establlmed a D5E
cont:ract goal. you must awi1rd the con.
traCt only to a bIdder/offeror who
makes 800d faJth afl'oru to meet: it.
You must det.emllne that a bidder/of.
feror hilS tl121de good faith efforts U the
bidder/offeror doel5 either of the fol-
lowing thi.ngs:
(1) Oocumenu that: it has obtained
enough DBE participation to meet the
goal: or
(2) Docwnents that it made adequate
good faIth efforts to mer:t the goal.
even though It did not succeed 1n ob-
tainlng enoueh DBE partlCipatiOI1 to
do !IO. If the bidder/otIeror does docu-
ment. llde<zuate good faJth efforts. you
must not dlll'l)' award of the CODa-act on
the basis that the bidder/offeror fa.1l~
U) me~ the goal. See Appendix A of
this part for guidance 1n <1etermtning
the adequacy of a bidder/offeror's good
faith e1!orts.
(b) In your soUdt:ad.ons for DOT-B3-
:sistci eontractS for which a contract
goal has b....... BnabUshed. you nndt: reo
quirt: the following:
(l) Award of the contract wUl be con-
ditionsd on meeting the requirements
of this section:
(Z) All b\dderslofferon will be re-
quired to SI.lbm1t the following infor.
mation to the ncipient, at the time
provided In paragraph (b)(3) of this sec.
tion:
(l) The names an!! addresses of OBE
flnns that: wIll partidpate in the con.
-cract;
(ii) .A dsscripti01'\ of the work that
each DBE wul perform:
(iii) The dollar amoum; of the ptU"tlcl.
patlon of each DBE firm partldpating;
(iv) Written docwnellUltlon of me
bidden'offeror"s commitment to use a
;'
49 CFR Subtitle A 00-1-00 Edition)
DBE subcontractor who~e pe.nJclpat10J'l
it subm.1ts to meet a con~ goal: .
(v) Wrltu!O confirmation from the
DBE that it is partiCipating 1n me COJ')-
tract: as provided in the prime contrac-
t01"5 commItment: and
(vi) If the COJ\tr3.ct goal is not m~.
evidence of good faith efforts (,ee Ap-
pendix A of this part); aJ\d
(3) At your discretion. the bidder/ot-.
feror mwt prennt the tnformat:ion re-
quired by paragraph (b)(2) of this sec.
tion-
(i) Under sealed bid procedures. u a
matter of TesponaiVr:nc:sS. or ,.,ith ini-
tial proposals. under contnlct: negothl,-
tlon proced\JT'llS: 01'
(ii) At any time before you commIt
YOUIulf to the performance of the con.
tract by the bidder/offeror. S.!I a matter
of responsibility,
(c) You mun make sure all tnforma.
tion ~ complete aJld Accurate and ade-
quately dOCUItlEnts the bidderlor!'erOI"s
good faith effortS before commlwng
YOUTself to Ole pmonJ18nC1! of the con-
-cract by the bidderloITcror.
(d) If you determine tnllt. tile appar-
ent sU0ce.53ful bidder/offeror ha:s failed
to meet the requin:meou of paragraph
(a) of this section. you must, before
awarding the contract. prOVide the bid.
der/offeror an apportWllty for admln1s.
trative reconsideration.
(1) As part of this reconsideration.
the bidder/offeror mun have the oppor-
tunity to provide wrinen documenta-
tion"or ar~t concerning the iSsue
of whether it met the goal or made .de.
quau good faith e:ffcnu 1:0 do so.
(2) Your d~l$ion on reconaideration
mu.'It be made by IIIl ottieiaJ. who did
not take part in the ongtnal dettr-
minatlon that the bidder/offeror rail~
to mei!t 'the goal or make adequate
good faith effortS to do llO.
(3) The bidder/offeror must have the
opportunity to meat in perllon with
your reconsideration o1!lclal to d1$c\I$S
the issue of whether it met tho goal or
made adequate good faith efforts to do
:10.
(.() You must send the bidder/offeror a
written deci,ion on reconsideration.
cXpll1ininS the bllsls for finding that
the bidder did or did not meet the goal
or I1l8Ke adequate good f;ai'th efforts to
do so.
276
EXHIBIT I
04/30/2001 15:21 FAX 2066826234
UUS MU1HH SUI'''
Office of the Secretory of Transpoctation
,
..
(5) The rt:Sult. of the recorulderat:lon
process l!l not adrn1nbtrativcly appccl.
able t:.O the Department of 1'nu1spor.
tation.
(8) In a "des~.build" or ..turnkey"
con=ctinC situat:ion. in ",hich the re.
clplent: lets a master cont:nlct to a con-
tractor. who 1n nsrn let3t subsequent
:Jubcontracts fOT tho work of the
project. a Teclpl.mt may establish a
goal for the pnUect. The master con-
tract.or men RsaobUuhu contraCt 8~'
as appropriate, for the subconO"1lcts it
lets. Recipients mwt maintAin OVe;-
sight of the master con'traC"tOr'S actiVi-
ties to tlOSUTe that mcy are conducted
consl.sumt with the requirements of
this pan.
(f)(l) YOI.l must require that a prime
contraet:or not ternrinatc for conVen-
IenCe a DBE ,ubcontractor listed in re-
Bpon5e to pnragrl1ph (b)(Z) of this sec.
don (or an a.pproved substitutAl DBE
!lni1) and then pl!:rform the work of me
te:rmiDated subcontract with Its own
fon:es or those of an a1I111ate. without
your prior wrJtten consent.
(Z) When a DBE subcontractor is ter-
minated. or fails to complete its work
on the cono-act for any reason. you
must require the prime cono-actor co
make good fatm ef!0Tt3t m flnd another
DBE subcontractor to ,w,lldcuu for
the original DBE-. Thue good faith ef.
fOTt3t shall be dir=ted at f'".1nc1i.ng an.
other DBE to perform at least the same
amount of work \.mder the concract as
the DBE that we.s tennlnaud. to 0,..
extent needed. to mEet the contrBct
go III you established for tho procuro-
ment.
(3) You must include in each prlme
contract n provision forappTopriat.e ad.
rnirlUt:rative remedIes that you wll1ln.
vokc if the prime contractor fails to
comply with the requirement.s of th!s
section.
(g) You must apply the re<j\llrements
of thls section "to DBE bldder:J/offerors
for prime conttacts. In deterromtng
whether a DBE bidder/offeror 'for a
pritne contract has met a cont:nlct
goal. you count the work the DBE has
committed to performIng with Its own
forces ., .,.ell as the work that it ha3
comm1tted to be pe:rfonned by DBE:
subcont:nlcton and DBE suppliers.
526.55
t 28.65 Ho,.. is DBE participation
cou.nu,d toward Jtoals7
(al When a DBE pardc1.pates In a con.
naC\:. you COWlt only the value of the
.....ork aaually perIormed by the DBE
toward DBE goals.
(1) Count the entire amount of that
portton of a conSttuctlon concract (or
other contraC1: not covered by para.
graph (a) (2) of rlll.s section) that is per.
fanned by the DBE's own forces, In.
clude the cost of supplies and materials
obtained by the DBE for the work of
th.. contract, includinll supplies pur-
chased or equipment leased by the PBE
(except :JUpplles i1nd equipment the
DBE SI.lbconU'aCtor purchases or leases
from the prime contractor or its aiI'il-
late).
(Z) CoWlt the entire amount at fees or
commis,lons charged by il DBE !inn for
providing, a bona nde ~erv1ce, !\Jell as
proftmional. technical. consultant. or
ma.nBgerllll aerv1clU. or for providing
bonds or 1n:sunmce :specifically re-
quired for the performance of a DOT.
as~isted contra.c:t. tawm-d DBE goals.
provided you determine the fee to be
reB.$Onable and not. vccessive a~ com-
pared with fees customarily allowed for
similar Sc:n'ioes.
(3) When B DBE SI.lbcont.ract.s plU't of
the work of lu concra~ t.o anomer
ftnn. me value of the :subcontracted
Vlork may be counted tQWard DBE
goab only if the DBE'" subcontractor
is itself a DBE. Work that a DBB sub-
contracts t.o a non-DBE firm does not
coWit rowaN DBB !roals.
(b) When a DBE performs as a partIi::.
lpant: in a Joint vcnl:Un:. count. a -pOT-
tlon of the tot.8l dollar value of the
contract equal to the d.l$tJnct. clearly
dc:fincd portion of the work of the coo.
O'llct that the DaB perlonm with its
own forc,", t.oward DBE goals.
(c) Count expendI~ "to a DBE con.
tractOr toWard DSe goals only if. the
paB b performiDg a cormncrcially use.
ful funcdon on that eonO"Act..
(1) A DBE pen= a comxncrcia.lly
u:leful function when it 1.5 responsible
for exooeutlon of the work of t.he con-
tract and I~ cllt'T)'lng out its rB3pon.
slbllities by actually performing, man-
aging, and suPeMsln8 the work In.
volve<LTo perfOI1l\ a commercially
U:Jeful function. the DBE must ll.lso be
respon:sible. wIth respect to materials
277
-t:J v ~ VI v.&..&.
;"
04/JO/2001 15:21 FAA 20668262J4
ULh:;, td.lJKKJ. ':>Vi~
't:.,;.i v....... ..........
r-rr<.-'O-'~i
.J.O" t:U.
r.~,
.
....
W7>> washington State ,.
~, Departm~nt of TransportCltion
Disadvantaged Business
Enterprise Utilization Certification
To oc eligible'lor a~rd of tnls contro.c:nhe !)idder must fill out and submit. as part of hl'/her "ropenl, the following certif.catlon re!;:!\lr.;;
to Disadvantaged Eluslness Enterprise (DBE) reqvirements. This certification shall be deemed a part of the resulting ConViCt FaliU;l'
10 nil aliI and submit this certiticatlon. the IncluIIOI\ of . talJll certification, or insufficient projected use of D6Es, shall be eons,a.lee cS
~vldellce th"t I/'Ie plopos.al is nOlWesponsive to the invitation to bId
Inf';)m~t1on on certified ~rms i, .veilable from OMWBE. phone-(360j 753-9593.
RRl rH lr RRI r'H mNt:;TRI 'CT~rN.,. TNr_ certlfl~& thaL the IolloWlOg Disadvanlaged Buslnes~En;e':::I~c ~
. Hlmlora.r t
(D9E) have.been c;ot'Itactec1 regarding participation on this project and, if it is the lSueeenlvl bidder on thiS project. il shall i3..arti
suoconlractS to Of enter Into8UpP/Y agreements wittllhe following OBSs 2lS indl~ted: (if necessary. use addltion~1 $heetl
DescrIption of Work
. "-,
i Amount to I
\ be Applilild '
. Towards Goal
Name:afOBE
Certificate Number
Capacity
(Primll, Joint Venture,
$1J~~O"~Ot.o..., .
Manufactur. f,'P..911I.r
Dealer, SeMceProvIcltt)
.
D1M501.1386 -
12 P b. GLAND
I D2F0700248:
r---
! 3
, INC .
Subcontractor
i
Asphalt Grinding & Planlnq $13,075.50
$~.12~6.: 09,.
,
D4M501 1474 :
rTraffiC Control
I
$36,617.00
j~
I I ,
, !
5.
'"
6, ,
t
. I
.
. .
7
I
.' .. . .. - .
8. I I
i I
I
-- I ,
9 I '\ I
I I
-. I
I !
'0 ,
;
OI~Cl"'anta9ed BUII~e51 ~terprl$e Subcontrac:ti"9 Goal: 5~2.1978 . 50 DBE Total S 51.278..50
'Regular Delllerst31uS must be approved by tha office of Equal Opportunity. ~3sh. State Depe. or Transportation.
011 Ua'I contract - '
.
- See Ine secllah;"Countlng Dai Participation T0W8rd MeeUng tha Goal'ln the Contract DocumenL
- ,
.... The COl\tracdngiAgency wiU utlrlZe the 2bove data to determine whether or not the bidder h.n met the goal or the averll!fe ;JOe'
it\21nmem of au. bidders.
c
OOT '0'''' "t':H~ .'
~~" #O!': '. ~.:".
EXHIBIT ~
TOT~ F'. 02
.
.
.
~ORTANGELES
WAS H I N G TON, U. S. A.
CITY COUNCIL MEMO
DATE:
May 1,2001
To:
MAYOR DOYLE AND CITY COUNCIL
FROM:
Glenn A. Cutler, P.E., Director of Public Works & Utilities
SUBJECT:
Industrial Water Line Repairs Contract
Summary: The City is negotiating a contract to have several leaks in the Industrial Water
Line repaired during the week of May 14,2001. This work will be coordinated with Daishowa
America to coincide with their planned shutdown. Per the existing maintenance agreement,
Daishowa will reimburse the City for the cost to complete the work.
Recommendation: Authorize the City Manager and in his absence the Acting City Manger
to enter into a "time and materials" contract with Western Waterproofing, not to exceed
$100,000.
Back~roui1d / Analysis:
The Public Works and Utilities Department is coordinating repairs on the Industrial Water Line
(IWL) to coincide with a scheduled mill shutdown by Daishowa America the week of May 14,
200 I. At least three locations on the IWL currently have leaks of varying volume. These leaks
can only be repaired during the planned mill shut down, when the IWL is empty.
Six contractors on the City's Small Works Roster were contacted to bid on the work. Three of
these expressed an interest and were sent a Bid Quotation Package and asked to submit a bid on
or before April 20. No bids were received. Per RCW 35.23.352, ifno bids are received the City
is allowed to negotiate an agreement with a contractor. The City is currently negotiating a time
and materials contract with Western Waterproofing, the same contractor that completed repairs
on the IWL in 1985 and 1991.
The cost to complete the work is in the range of $70,000-$1 00,000. It is anticipated that the
method of repair will be similar to previous repair work completed on the IWL in 1985 and 1991,
when a hydraulic cement was used. Daishowa America will reimburse the City for the final
contract amount for this work, per the existing maintenance agreement. Also Daishowa America
supports our approach to performing the repairs.
Staff recommends authorizing the City Manager and in his absence the Acting City Manger to
enter into a "time and materials" contract with Western Waterproofing, not to exceed $100,000.
N:\PROJECTS\20-27 I.W.L. repairs\cc5_01memo.wpd
1.7
.
.
.
CALL TO ORDER
SPECIAL MEETING:
Interview Applicants for
Planning Commission and
Board of Adjustment
ADJOURN SPECIAL
MEETING:
CALL TO ORDER -
REGULAR MEETING:
ROLL CALL:
PLEDGE OF
ALLEGIANCE:
CEREMONIAL
MATTERS &
PROCLAMATIONS:
Earth Day Proclamation
Recognition of Bill
Angehrn
CITY COUNCIL MEETING
Port Angeles, Washington
April 17, 2001
Mayor Doyle called to special meeting of the Port Angeles City Council to order at 5: IS
p.m.
Interview Applicants for Planning Commission and Board of Adjustment: The City
Council interviewed the following to fill a vacancy on the Planning Commission and
a vacancy on the Board of Adjustment: Rick Porter, Nancy Newman, Richard Headrick,
John Teichert, and Chuck Whidden. The Council chose to defer making the
appointments until later in the regular meeting.
The special meeting was adjourned at 6:00 p.m.
Mayor Doyle called the regular meeting of the Port Angeles City Council to order at
6:05 p.m.
Members Present:
Mayor Doyle, Councilmembers Campbell, Erickson,
Wiggins, and Williams.
Members Absent:
Councilmembers Hulett and McKeown.
Staff Present:
Manager Quinn, Attorney Knutson, Clerk Upton, B.
Collins, M. Connelly, G. Cutler, T. Riepe, Y. Ziomkowski,
A. Broussard, K. Dubuc, G. Kenworthy, D. Miller, L.
Dunbar, M. Hughey, S. McLain, and S. Roberds.
Public Present:
R. Sieg, L. Lee, M. Sheehan, B. Angehrn, S. and T.
Frichette, E. and D. Thompson, F. and M. Cummings, K.
and V. Duncan, and T. Newcomb.
The Pledge of Allegiance to the Flag was led by Mayor Doyle.
Earth Day, April 22, 2001
Mayor Doyle read a proclamation declaring April 22, 2001, as Earth Day.
Recognition of Bill Angehrnfor City Clean-up and Recycling:
Mayor Doyle read a letter of appreciation to Mr. Bill Angehrn, recognizing his
contributions in beautifying the City streets and sidewalks because of his ongoing
efforts to pick up trash and recyclables. Mayor Doyle presented Mr. Angehrn with a
plaque and a safety jacket that was donated by the Public Works Department. Mr.
Angehrn was commended by Recycling Coordinator Miller.
- I -
19
RESOLUTIONS:
.
Contract Change Authority
Resolution No. 7-01
OTHER
CONSIDERATIONS:
City / P ADA Contract Year
2001
.
City / EDC Contract Year
2001
Presentation on Laurel
Street Stairs
.
CITY COUNCIL MEETING
April 17, 2001
Mayor Doyle the memorandum submitted by Public Works & Utilities
Director Cutler, proposing a change in procedure for construction contract change
orders. Director Cutler infoIl11ed the Council that the Resolution currently in place is
not as specific and as easily uiiderstood as it could be. The proposed resolution would
make the process more universal. Brief discussion followed with regard to the amount
allowed for the change orders.
RESOLUTION NO. 7-01
A RESOLUTION of the City Council of the City of Port Angeles,
Washington, authorizing the approval of change orders for
construction contracts under certain circumstances, establishing a
procedure for City review, and repealing Resolution 7-91.
Councilman Williams moved to pass the Resolution as read by title. The motion
was seconded by Councilman Wiggins. Manager Quinn assured the Council that, in
spite of the fact the total amount has not changed, the Council will be kept informed of
significant change orders. Further, it is intended that staff would approve change orders
because of time constraints on work being performed. A vote was taken on the
motion, which carried unanimously. Councilmember Erickson returned to the
Council Chambers simultaneous to the vote at 6:35 p.m.
1.
City / PADA Contract Approval Year 2001
Mayor Doyle summarized the memorandum submitted by Economic Development
Director Smith on the matter of the City's 2001 contract with the Port Angeles
Downtown Association. Manager Quinn stated that the P ADA assists with downtown
parking; the contract amount was included in this year's budget.
Mayor Doyle inquired as to the management of the downtown parking lots, and PADA
Executive Director Aria Holzschuh reviewed the history of the parking lot management,
as well as the different aspects of the PADA budget. After further brief discussion,
Councilman Wiggins moved to authorize the Mayor to sign the contract with the
Port Angeles Downtown Association for 2001. The motion was seconded by
Councilman Campbell, which carried unanimously.
2.
City / EDC contract Approval Year 2001
Mayor Doyle summarized the memorandum submitted by Economic Development
Director Smith on the EDC 2001 contract. Manager Quinn stated the contract amount
has been increased, yet various additional services have been added to the contract. He
opined that this contract is an important element to the effort of economic development.
Councilmen Campbell moved to authorize the Mayor to sign the contract with the
Clallam County Economic Development Council for 2001. The motion was
secorided by Councilman Wiggins, which carried unanimously.
3.
Presentation on Laurel Street Stairs
Mayor Doyle summarized the memorandum from Public Works & Utilities Director
Cutler concerning the Laurel Street slide repair and stairway replacement, after which
Deputy Director of Engineering Services Kenworthy made a powerpoint presentation
to review the process undergone to generate a solution for the slide area and
replacement of the downtown stairway. Mr. Kenworthy felt that the project needed to
be split into two separate projects in order to keep the cost down and have more time
to deliberate on what type of stairway the City would like to construct in order to
complement the design of the downtown revitalization. Brief discussion ensued in
- 3 -
21
PUBLIC HEARINGS -
OTHER:
(Cont'd)
.
Street Vacation Petition
Food Bank - Fourth Street
west of Valley Street
(Cont'd)
Telecommunications and
Related Ordinances
.
.
CITY COUNCIL MEETING
April 17, 2001
Knutson a deed would be written to the City's solid waste utility. In that
abutting property owners had expressed no interest in purchasing their share of the
vacated property, Mayor Doyle inquired as to whether such an intention is submitted'
to the City in writing. Attorney Knutson agreed that such a written commitment should
have been obtained prior to this time and, further, that staff should proceed in acquiring
letters from the abutting property owners.
Edwin Brown, 1724 West 13th Street, addressed the Council by indicating he is the
owner of Lot 18, which abuts the property to be vacated. He did not have a problem
with the street vacation; however, he had spoken with City staff with regard to access
to his property. Director Collins showed an overhead of the proposed vacation,
pointing out the property owned by Mr. Brown. Because of the configuration of the
property and the potential for future development ofa portion of the property, the issue
of access was addressed. Councilman Williams stated that this area of concern was not
discussed with the Real Estate Committee, and he felt the vacation may eliminate access
to Lot 18. However, Director Collins pointed out there is access to the lot via Valley
Street and the 3/4 alley. Plus, it would not be likely that another residence would be
approved on that particular lot because of the hillside. Councilman Williams countered
there is the potential for the placement of a business on a portion of the property.
Councilman Wiggins felt the matter was deserving of further research. He, therefore,
moved to refer the proposed street vacation back to the Real Estate Committee for
further review. Councilman Williams seconded the motion, which carried 4 - 1,
with Mayor Doyle voting in opposition.
3.
Telecommunications and Related Ordinances
Mayor Doyle summarized the memorandum from Directors Cutler and Collins on the
telecommunications and related ordinances public hearing. Power Resource Manager
Dunbar gave a powerpoint presentation with a brief overview of the
Telecommunications and Related Ordinances final report, copies of which were
provided to. the Council, staff, and public. Mr. Dunbar summarized the background of
efforts on the proposed ordinances, as well as the development process utilized in
arriving at this point. He informed the Council of the process initiated in order to gain
public involvement throughout, noting that correspondence had been initiated with the
120 registered telecommunications companies.
Councilmember Erickson departed the Council Chambers at 7:44 p.m.
Mr. Dunbar continued by reviewing the wireless ordinance, which addresses the
placement of towers and will exempt ham radio operators, TV antennas, and satellite
dishes.
Councilmember Erickson returned to the Council Chambers at 7:53 p.m.
The matter of right-of-way management was reviewed by Mr. Dunbar, and he indicated
the regulations would reorganize how a master permit is obtained. Some concern was
expressed with regard to excess capacity and how it may discourage contractors due to
the ability to foresee buying conduits that could later be sold to competition. Mr.
Dunbar briefly summarized the information on pole attachments, noting that Qwest was
uncertain about the City's ability to legally abolish the previous Pole Rental Agreement.
Qwest has been advised that the new agreement is more beneficial than that previously
in place. A brief update was given on proposed changes to business licensing, utility
taxes, and fees. It was noted that pole attachment fees have not been adjusted in 17
years.
Mr. Dunbar reviewed the proposed schedule for adoption of the ordinances, and
- 5 -
23
OTHER
CONSIDERA nONS:
(Cont'd)
.
Electric Rates Brief
(Cont'd)
Conservation Program
Authority
.
Compact Fluorescent Lamp
Agreement
.
CITY COUNCIL MEETING
April 17, 2001
discussion., At it is uncertain how high the rates will be on October I, 200 I.
With the use of the powexpoint equipment, Deputy Director of Power Systems McLain
reminded the Council that the City receives power from the Columbia Storage Power
Exchange, Avista, and the majority from Bonneville Power Administration (BPA). In
May of 2000, prices began to steadily rise. A new wholesale price hike of up to 250%
will eventually level out within two to five years. A brief overview was given to
demonstrate what customers could be charged. There are various ways to keep costs
down with the consistent use of conservation, and Mr. McLean indicated it is important
for the City to show the citizens ways to conserve.
Mr. Chuck Forman, Account Executive from the Bonneville Power Administration,
addressed the Council on the matter of the escalating rates, noting that the projected
250% wholesale price hike has been encountered due to a higher demand for power
than is available. The result has been that Bonneville has been forced to go out on the
market and purchase power from other sources in order to meet the demand, all at an
escalated rated.
Mr. Forman displayed a slide showing the range of possible rate increases. He
suggested the City should cut back its power consumption by 10% to help deter the rise
of power costs. Various ways to conserve energy were discussed, as well as benefits
and drawbacks to natural gas. At a lunch on Monday, Mayor Doyle stated that
Governor Locke informed those present that 8 - 10 aluminum plants could possibly shut
down due to the energy crisis. Mr. Forman added that there are many businesses that
will face the possibility of closure due to the energy crisis. Lengthy discussion
followed.
7.
Conservation Program Authority
Mayor Doyle summarized the information provided by Public Works & Utilities on the
conservation program. Power Resource Manager Dunbar stated that with the proposed
escalations, BP A has authorized the immediate implementation of a conservation
program with an allowance of $300,000 per year for five years. This program could be
implemented as soon as May 2001. Councilman Campbell moved to authorize the
Director of Public Works & Utilities to implement a conservation program that
qualifies for the BP A conservation and renewables discount (CR&D). Councilman
Wiggins seconded the motion, which carried unanimously.
8.
Compact Fluorescent Lamp Agreement
Mayor Doyle summarized the memorandum submitted by Public Works & Utilities
Director Cutler on the proposed Compact Fluorescent Lamp Agreement. Power
Resource Manager Dunbar gave a powexpoint presentation and distributed handouts to
the Council, staff and public present. Mr. Dunbar explained that this was a new process
for the City where coupons for discounts on fluorescent bulbs would be inserted in the
monthly utility bills. Such an effort would help empower City residents to meet the
community's need for power reduction.
Mr. Dunbar noted that, with the proposed escalation BP A has presented, conservation
implementation needs to be quickly enacted. This program offers a discount for that
specific puxposed, and the lamp rebate coupon would provide a redeemable coupon for
$6.00 off an Energy Star Fluorescent Lamp. The coupon program would be
implemented in May, 2001, and thus far, Thurman's, Hartnagels, and Swains have
agreed to be participants. Councilman Campbell moved to authorize the Mayor to sign
the ENERGY ST AR@Labeled Compflct Fluorescent Lamp Coupon Rebate Agreement.
Councilman Williams seconded the motion, which carried unanimously.
- 7 -
25
.
.
.
Jack Glaubert -
Waterfront Property
(Cont'd)
Break
EXECUTIVE SESSION:
RETURN TO OPEN
SESSION:
Contract with Teamsters
#589
ADJOURNMENT:
,fl<~~~~'~""'\:'1(\ .....;.,'~\~~~'l~}
-0,;"
CITY COUNCIL MEETING
April 17, 2001
:-,->,<.- -'.
-,,',.'- - /-:. 'r'~'.,.'
.-:',">!_'.fl~".
Waterfront Trail'f~~tthey were insisting that the trail be located properly within the
Railroad A venue'nght-of-way.
Mr. Glaubert noted the iInp()rt<l11ce of knowing in a short period of time whether the
City is prepared to reopen Railroad Avenue to their property. He indicated a need to
be advised of the decision by tomorrow or by this coming Monday. Mayor Doyle asked
the staff if a meeting would be possible to discuss this concern with Mr. Glaubert.
Manager Quinn responded that the staff is still reviewing the information that was
received, and Attorney Knutson added that the City is lacking an additional analysis that
was to have been provided by Mr. Glaubert's legal counsel. Manager Quinn suggested
that staff meet with the Council for the express purpose of reviewing what has been an
ongoing situation, after which the Council could meet with Messrs. Glaubert and
Austin. The Council was supportive of the City Manager's recommendation.
Mayor Doyle recessed the meeting for a break at 10:30 p.m. The meeting reconvened
at 10:40 p.m.
The meeting adjourned to Executive Session at 10:40 p.m. to discuss labor negotiations
for approximately one-half hour.
The meeting returned to Open Session at 11 :30 p.m.
Teamsters #589 Contract:
Councilman Campbell moved to approve the Teamsters #589 contract.
Councilman Wiggins seconded the motion, which carried unanimously.
On another matter, Mayor Doyle informed the Council of his intent to attend a
ceremony at the Veteran's Memorial Park on April 27, 2001, regarding a local effort
to organize a "National Day of Prayer".
The meeting was adjourned at 11 :30 p.m.
Becky 1. Upton, City Clerk
Larry Doyle, Mayor
- 9 -
27
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C_::'",,_!
~ORTANCELES
WAS H I N G TON, U. S. A.
CITY COUNCIL MEMO
DATE:
May 1,2001
To:
MAYOR DOYLE AND CITY COUNCIL
FROM:
Glenn A. Cutler, Director of Public Works and Utilities
SUBJECT:
Sole Source Resolution for the Purchase of an Asphalt Patch Truck
Summary: The 2001 budget contains funds to replace the existing asphalt patch truck. Two
bids were received on February 27,2001 and analyzed. Neither bid met the specifications in
areas that were considered critical to the operation of an asphalt patch truck and both bids were
rejected by the City Council on April 3, 2001. To meet the Street Division needs, asole source
resolution was drafted to allow the Director of Public Works and Utilities to purchase an asphalt
patch truck from the only manufacturer that can comply with all of the specifications.
Recommendation: Approve the attached resolution designating Valley Freightliner
Inc.lNorthwest Manufacturing & Distribution Inc. as the sole source for acquiring the
replacement asphalt patch truck as an exception to normal bidding requirements and
authorize the Director of Public Works and Utilities to order and purchase the asphalt
patch truck at a purchase price not to exceed $120,000.
Back2round / Analysis: Bids for the replacement of the Street Division asphalt patch truck
were opened on Tues~ay, February 27, 2001. Two bids were received from the same company
for different models. Bids were reviewed by Equipment Services and the Street Division and
they identified exceptions to the specifications that are the basis for rejecting bids. Bids were
rejected by the City Council on April 3, 2001.
The solicitation of bids for an asphalt patch truck that meets all the City's specifications would
result in Valley Freightliner Inc./Northwest Manufacturing & Distribution Inc. being the only
bidder. Therefore it is appropriate to adopt a sole source resolution and contract directly with
them.
The asphalt patch truck offered by Valley Freightliner Inc./Northwest Manufacturing &
Distribution Inc. meets all of the specifications. The unit is priced at $116,000.00 including tax
and a $4,000 trade-in credit. There is $120,000 budgeted for the asphalt patch truck.
N:\PROJ ECTS\20.0 I \PatchTrk. wpd
29
; ,.,:;~(_-::,;~_~~~i~
.
Section 2. An exception from normal bidding requirements is hereby implemented,
under which acquisition of a replacement asphalt patch truck need not be competitively bid.
PASSED by the City Council of the City of Port Angeles at a regular meeting of said
Council held on the 1st day of May, 2001.
MAYOR
ATTEST:
Becky J. Upton, City Clerk
APPROVED AS TO FORM:
.
Craig D. Knutson, City Attorney
F:\ORDINANCES&RESOLUTIONSIR200I-OS
.
-2-
31
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DATE:
To:
FROM:
SUBJECT:
;.-' .,;'~..:;::
~ORTANGELES
WAS H I N G TON, U. S. A.
CITY COUNCIL MEMO
MAY 1, 2001
MAYOR DOYLE AND CITY COUNCIL ~
Parks, Recreation and Beautification Commission'/
PARK BOARD VACANCY APPOINTMENT
Summary: One vacancy on the Park Board needs to be filled.
Recommendation: The Parks, Recreation and Beautification Commission recommends that the City
Council pass a motion appointing Larry Little to fill the unexpired term of Leslie Perrizo.
Issue: Commission member Leslie Perrizo submitted a letter of resignation at the regular March
meeting of the Parks, Recreation and Beautification Commission. This action created a
. vacancy on the Commission beginning in the month of April.
Background / Analysis: It is the responsibility ofthe Commission to interview and recommend
to the City Council candidates to fill v~cant positions. The Commission interviewed Mr. Little at
their regular meeting held on April 19, 2001. Attached is a copy of the application submitted by Mr.
Larry Little.
.
C:\COUNCIL.park board vacancies.WPT
33 L\
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oo~@~ow~ 00
MAR 23 38
CllY OF PORT ANGELES
. . , CllY CLERK
~ .... t
CITY OF PORT ANGELES, WASHINGTON
Application for Appointment to a Board. C~mmissio", or Committee
., ~.
Board, Commission, or Committee to which you are seeking ~~~~i~tment
~,."" ~~e..~ ~ ?~" ~ + ~ c... Co~", .~~ ,'1J'r1
Board or Commission Full Name
Board or Commission Full Name
Board or Commission Full Name
Applicant Name and General Information
L.o.rr, L; '\'\-l&.. '. ; .'.
First Last . "
.., ~tL~iI%4
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963 I, '1-'"
Zip Code
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1.1J A
State
City
4/7 - /301
Home phone number
Work phone number
Please Note:' To ensure comoliance with Chapter 2.26.020 PAMC. applicants for the Law Enfon::.ement Advisory Roud
only will be subject to a criminal history check. All other awlicants need not submit a dale of birth.
Certification and Location Information CiJde one
./ue }'?tl,cW'rentIy a Ci,ty empIOy~? Y'1ts~" '.hJ;e you; a qt,izen of the United$tat~s?.@ No. ;
Are you a City resident? @ No '. Do you ownImanage a business in the.Citr~ ,yes$
'\ . "'.
Do you hold any professional licenses, registrations or certificates in any field (list below)? @No
l.J A. 5t ])~ iA.( L,;".
, liE-A-" '-' t:.
~
Are yoti aware of any conflict of interest which migh~ ~e,hy,yo",,'service on a Eity' Boiitd ot'. ~', . .
Commission? If so, please explain: 1.J 0 ' .' ., . .
In compliance with the American Disabilities Act, if you ~ll.n~ s~.~ accollU1)~ti~~~ b~~l1~ of a
physical limitation. please contact the City Clerk, 417-4634. so appropriate arrangements can be made:
I ~~. ,. ';OVER)
~:
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".
35
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'{~"'_~ .......,." :e-"v. ~-y ~.;. ."- ;';"
.',:!'''<:~~r{;~'~~''I{,~
. .' .' -, -
~ORTANGELES
WAS H I N G TON, U. S. A.
CITY COUNCIL MEMO
DATE:
May 1,2001
To:
MAYOR DOYLE AND CITY COUNCIL
FROM:
Glenn A. Cutler, Director of Public Works and Utilities
SUBJECT:
PUD Utility Relocation Agreement, Lauridsen Blvd./Edgewood Dr. Realignment
Summary: When right of way for the Lauridsen Blvd./Edgewood Dr. project was purchased,
the parcels acquired were subject to existing blanket easements for electrical facilities. The new
Edgewood Drive and Airport Road alignment will require power poles and buried electrical
conduit located in those easements to be moved to new locations. Because these facilities are
located in a private easement the project will be required to pay the Clallam County PUD for
their relocation.
Recommendation: Authorize the Mayor to sign the Utility Construction Agreement with
the Clallam County PUD, in the estimated amount of $193,442.82, to relocate electrical
facilities to accommodate the realignment of Lauridsen Blvd., Edgewood Dr. and Airport
Road.
Back2round / Analysis: When right of way for the Lauridsen Blvd./Edgewood Dr. project was
purchased, the parcels acquired were subject to blanket easements for electrical facilities. The
easements for electrical transmission lines and poles date back to 1914 and were granted to the
Olympic Power Company. These transmission lines supply power to the Daishowa Mill and are
maintained by the Clallam County PUD.
The new Edgewood Drive and Airport Road alignments will require power poles, which carry
trans-mission lines for the mill, and buried electrical conduit which supplies the Airport log yard,
to be permanently relocated. Because these facilities are located in a private easement the
project will be required to pay for their relocation. Project funds are available for this contract.
PUD engineering staff has estimated that the cost of moving the electrical facilities to allow the
construction of the Lauridsen Blvd.! Edgewood Dr. project will be approximately $193,442.82.
The City's Electrical Engineering Staffhas reviewed the PUD estimate and found it to be in line
with the work and materials required.
N :\PROJECTS\91-07 AR\MEMOS\movepudpoles. wpd
37
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~ORTANGELES
WAS H I N G TON, U. S. A.
CITY COUNCIL MEMO
DATE:
May 1,2001
To:
MAYOR DOYLE AND CITY COUNCIL
FROM:
Glenn A. Cutler, Director of Public Works and Utilities
SUBJECT:
Equipment Purchases for 2001 Utilizing State Bid Contracts
Summary: The 2001 budget contains funds to replace and/or rent equipment. The equipment
is available through the State Bid or cooperative purchasing process with which the City has
existing agreements. The utilization of this process will save the City time and funds by
eliminating the need to produce specifications and solicit bids. Equipment available through the
State Bid process is normally less expensive to purchase because of the volume of equipment
that the State purchases. The replacement costs exceed the City Manager's authority and
requires approval by the City Council.
Recommendation: Authorize the City Manager and in his absence the Acting City
Manager -to proceed with the ordering, purchase and/or rental of equipment from the State
Bid and King County cooperative agreement, not to exceed the budgeted amounts, for
purchasing one 5-yard dump truck with plow, 2 one-ton trucks with utility bodies, and rent
an asphalt grinder.
Back!!round / Analysis: In 1989 the City entered into a Intergovernmental Cooperative
Purchasing Agreement with Washington State. This agreement allows the City to utilize existing
Washington State contracts that have been bid competitively for the purchase of materials and
equipment. This process not only saves time in putting together bid specifications but it also
results in a more competitive price due to the potential of a larger number of items being
purchased.
The 2001 budget contains a number of pieces of replacement equipment that are available from
the State Bid and or through cooperative purchasing agreements with other agencies as listed
below.
N:\PROJECTS\2I.0 1 \StateBidCCMemo.wpd [1/14/00]
.39
.
.
.
DATE:
To:
FROM:
SUBJECT:
~ORTANGELES
WAS H I N G TON, U. S. A.
CITY COUNCIL MEMO
May l, 2000
MA YOR DOYLE AND CITY COUNCIL
Glenn A. Cutler, Director of Public Works and Utilities
Olympic National Park Franchise Permits
Summary: Two right-of-way permits from the National Park Service have expired and need to
be renewed. These permits are for electrical service in the Park Headquarters area and the
Visitor Center area, and for the road appurtenances along Park Street.
Recommendation: Authorize the City Manager to sign the attached right-of-way permits
with the National Park Service to allow city facilities along Park Street and within Park
Headquarters and the Visitor Center area.
Background / Analvsis: Right-of-Way permits that allow the City to construct. and maintain
electrical facilities and other road appurtenances along Park Street, and in the headquarters and
visitor cemer area of the Olympic National Park have expired. The attached permits replace the
expired permits.
The City has a permanent 30 foot right of use for Park Street. The attached right of way permit
along Park Street allows the City to maintain signs, poles, culverts, and other road
appurtenances, along with the electrical poles and wires that are outside ofthe 30 foot road right
of use.
These permits are at no cost to the City.
The City attorney has reviewed these permits. The Utility Advisory Committee has also
reviewed these permits and recommends the City Council authorize the City Manager to sign the
permits.
Staff recommends that the City Council authorize the City Manager sign the attached right-of-
way permits with the National Park Service.
N :IPWKSILlGHTIPOWMIM EMOSlcc050 I 0 I parkpermit. wpd
41
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2
The permittee agrees to comply with and be bound by the Service regulations, 36 CFR Part
14, regarding rights-of way over, across and upon lands administered by the Service, in addition to
the terms and conditions set forth in this permit.
MAP AND LEGAL DESCRIPTION OF RIGHT-OF-WAY
The right-of-way shall be ~ feet wide with ~ feet on either side of the described
centerline for underground lines. Underground or overhead right-of-way descriptions contained
herein which are parallel to a roadway shall not exceed ~ feet with i feet on either side of the
described centerline. For those parts of the permit which describe the City of Port Angeles appurte-
nances such as switches, transformers, etc., the right-of-way shall be ~ feet centered on the
equipment or as otherwise described.
Lands within the NW ~ of the NE ~ of Section 15, Township 30 North, Range 6 West,
W.M. and as described at Exhibit A. The underground electric utility lines and surface-mounted
equipment serve the Headquarters and Visitor Center areas of Olympic National Park.
AUTHORITY TO ENTER INTO AGREEMENT FOR RIGHT-OF- WAY
The Permittee represents and warrants to the Permittor that:
(1) It is duly authorized and empowered under applicable laws of the State of Washington
and by its charter and bylaws to enter into and perform this agreement in accordance with the
proVISIons;
(2) Its City Council, or duly authorized executive committee, has duly approved, and has
duly authorized the execution, delivery, and performance by it of this agreement by the City
Manager;
(3) All action that may be necessary or incidental to the approval of this permit, and the
due execution, delivery, and performance by the Permittee has been taken; and
(4) All of the foregoing approvals, authorizations, and actions are in full force and effect at
the time of the execution and delivery of this agreement.
PERMITTED USE OF RIGHT -OF- WAY BY THE PERMITTEE
The right-of-way is for the sole purpose of operating and maintaining underground electric
utility lines and surface-mounted equipment across the above described lands. That in utilizing the
right-of-way, the Permittee agrees to comply with and be bound by laws and regulations regarding
the use and occupancy ofthe lands administered by the Service and by the terms of this permit.
43
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4
NONUSE OR ABANDONMENT
It is understood and agreed by the parties that all or any part of the right-of-way may be
terminated at the discretion of the Permittor in the event of nonuse or abandonment for a period of
two years by the Permittee. In the case oftermination, the Permittor will provide the Permittee with
written notice including reasons for termination.
FEES FOR USE AND OCCUPANCY
The Permittor and Permittee understand and agree that the consideration for utilization of
the lands, pursuant to the right-of-way, where the use is by a Federal governmental agency is
waived according to 36 C.F.R. 14.26(c)(1).
FEES AND REIMBURSEMENT OF"COSTS
Pursuant to 36 C.F.R. 14.22(a)(2), for State or local governments or agencies or
instrumentalities thereof where the lands will be used for governmental pwposes and continue to
serve the general public and for Federal government agencies, payment of fees and costs incurred
by the Service as a result of this permit are waived.
TERMS AND CONDITIONS
The permit is subject to the following terms and conditions:
(1) This permit shall not be construed as a permanent interest in the land of the
right-of-way or as an abandonment of use and occupancy by the United States, but shall be
considered a use of the land as described, anything contained to the contrary notwithstanding.
(2) This right-of-way permit maybe terminated upon breach of any of the stated conditions
or at the discretion of the Regional Director of the Service. Permittee will be given written notice
and thirty (30) days to allow an opportunity for corrective actions before termination may occur.
The written notice shall describe the specific violations of the permit. If Permittee does not correct
the violations to the satisfaction of the Service, or present a reasonable plan acceptable to the
Service within the thirty (30) day period, then the NPS shall be entitled to revoke this permit.
(3) The Permittee shall comply with all applicable State and Federal laws and existing
regulations promulgated thereunder in the operation and maintenance of the underground electric
utility lines and surface-mounted equipment.
(4) The Superintendent, Olympic National Park, shall be notified in writing no less than
two weeks prior to the start of initial construction on Park lands. An on-site meeting will be
conducted no less than one week prior to start of construction between representatives of the Park
45
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6
(12) No vegetation may be cut or destroyed without first obtaining approval from the
Superintendent. Any vegetation that must be removed shall be mitigated as specified by the
Superintendent.
(13) Use of pesticides and/or herbicides on Park lands is prohibited without prior written
approval from the Superintendent.
(14) In the event any facilities covered by this permit should interfere with future Park
construction, the Permittee agrees to terminate the use or relocate them at no cost to the Service
within 60 days after written notice.
(15) The Permittee agrees to do everything reasonably within its power, both
independently and on request of the Superintendent, to prevent and suppress fires resulting from the
Permittee's activities on and adjacent to the right-of-way.
(16) The Permittee agrees that the right-of-way shall be subject to the express condition
that the use will not unduly interfere with the management and administration by the Service of the
lands. Further, the Permittee agrees and consents to the occupancy and use by the Park, its
Permittees, or lessees of any part of the right-of-way not actually occupied or required by the
project, or the full and safe utilization, for necessary operations incident to such management,
administration, or disposal.
(17) Upon expiration, revocation or termination of this permit, the Permittee shall leave the
lands subject to the permit in as nearly the original condition as possible, as directed and approved
by the Superintendent
(18) The Permittee agrees that in undertaking all activities pursuant to this permit, it will
not discriminate against any person because of race, color, religion, sex, or national origin.
(19) No member of or Delegate to Congress or Resident Commissioner shall be admitted
to any share or part of this permit or to any benefit that may arise therefrom, but this provision shall
not be construed to extend to this permit if made with a corporation for its general benefit.
(20) No transfer of the permit will be recognized unless and until it is first approved in
writing by the Regional Director of the Service. Such a transfer must be filed in accordance with
existing regulations at the time of transfer, and must be supported by the stipulation that the
assignee agrees to comply with and to be bound by the terms and conditions of the right-of-way.
(21) This agreement is made upon the express condition that the United States, its agents
and employees shall be free from all liabilities and claims for damages and/or suits for or by reason
of any injury, or death to any person or damage to property of any kind whatsoever, whether to the
person or property of the Permittee, its agents or employees, or third parties, from any cause or
causes whatsoever while in or upon said premises or any part thereof during the term of this
agreement or occasioned by any occupancy or use of said premises or any activity carried on by the
Permittee in connection herewith, and the Permittee hereby covenants and agrees to indemnify,
47
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8
W~RNOTCONTINmNG
The waiver of any breach of any provision of this right-of-way permit, whether such waiver
be expressed or implied, shall not be construed to be a continuing waiver or a waiver of, or consent,
to any subsequent or prior breach of the same or any other provision of this permit.
IN WITNESS WHEREOF, the Regional Director of the National Park Service, acting on
behalf of the United States, in the exercise of the delegated authority from the Secretary. of the
Department of the Interior, has caused this Permit of Right-of-Way number RW-9500-00-003 to be
executed this day of , 2001.
David K. Morris, Superintendent
Olympic National Park
National Park Service
United States Department of the Interior
ACCEPTED THIS
day of
, 2001.
Michael Quinn, City Manager
City of Port Angeles
Attest:
Becky Upton, City Clerk
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STATE OF WASHINGTON
Right-of-Way Permit No.: RW-9500-00-004
Replaces SUP No.: PNR-9500-6000-025
United States Department of the Interior
National Park Service
Right -of-Way Permit for
City of Port Angeles
WHEREAS, the City of Port Angeles, (hereinafter Permittee) has applied to the United
States of America (hereinafter Permittor) for a right-of-way to operate and maintain an existing
street, including the construction and installation of culverts, curbs, gutters, sidewalks, and traffic
signs and other normal surface appurtenances; also to operate and maintain existing underground
utility pipes and wires and overhead utility wires and supports including poles along Park Avenue
(hereinafter surface and underground road improvements and above and underground utilities)
within the boundaries of Olympic National Park (hereinafter Park), a unit of the National Park
System, United States Department of the Interior; and
WHEREAS, the National Park Service (hereinafter Service) administers the Park that was
established as a unit of the National Park System, United States Department of the Interior pursuant
to 16 U.S.c. S 251-255; and
WHEREAS, the Director of the National Park Service (or his delegate) is required pursuant
to 16 U.S.c. 1a-1 to authorize only those uses ofland within the Park which will not be in deroga-
tion of the values and purposes for which the Park was established, except as may have been or
shall be directly and specifically provided by Congress; and
WHEREAS, 16 U.S.c. 79 authorizes the use of rights-of-way through the Park for
hereinafter surface and underground road improvements and above and underground utilities,
provided that the Director (or his delegate) finds that the same is not incompatible with the public
interest; and
WHEREAS, the Service has promulgated regulations at Title 36 Code of Federal Regula-
tions, Part 14, regarding rights-of-way over, across and upon the lands administered by the National
Park Service; and
WHEREAS, the Service has been delegated the authority to allow such rights-of-way over,
across and upon land under the jurisdiction of the Service pursuant to 245 Departmental Manual
5.1; and
WHEREAS, the Service has determined that the proposed use of the Park lands for the
maintenance and operation of the subject surface and underground road improvements and above
and underground utilities is neither incompatible with the public interest nor inconsistent with the
use of such lands for Park purposes; and
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Thence S 89042'01" W along the North line of said Section 15, a distance of Two Thousand
Three Hundred Nineteen and Ninety Nine Hundredths (2319.99) feet more of less to. the point of
beginning, and as described on the drawing located at Exhibit A.
AUTHORITY TO ENTER INTO AGREEMENT FOR RIGHT-OF- WAY
The Permittee represents and warrants to the Permittor that:
(1) It is duly authorized and empowered under applicable laws of the State of Washington
and by its charter and bylaws to enter into and perform this agreement in accordance with the
provISIons;
(2) Its City Council, or duly authorized executive committee, has duly approved, and has
duly authorized the execution, delivery, and performance by it of this agreement by the City
Manager;
(3) All action that may be necessary or incidental to the approval of this permit, and .the
due execution, delivery, and performance by the Permittee has been taken; and
.
(4) All of the foregoing approvals, authorizations, and actions are in full force and effect at
the time ofthe execution and delivery .ofthis agreement.
PERMITTED USE OF RIGHT-OF- WAY BY THE PERMITTEE
The right-of-way is for the sole purpose of operating and maintaining surface and
underground road improvements and above and underground utilities across the above described
lands. That in utilizing the right-of-way, the Permittee agrees to comply with and be bound by laws
and regulations regarding the use and occupancy of the lands administered by the Service and by
the terms of this permit.
DEVIATION FROM APPROVED RIGHT-OF-WAY
.
The Permittee agrees that it will not deviate.from the location of the approved right-of-way
in its operation and maintenance of the subject surface and underground road improvements and
above and underground utilities. All ingress and egress for maintenance and operation of the
subject surface and underground road improvements and above and underground utilities shall be
restricted to the right-of-way. In the event that the Permittee determines that ingress and egress
over Park lands not included in the right-of-way are necessary for the maintenance and operation of
the subject surface and underground road improvements and above and underground utilities, then
the Permittee must apply, in writing, to the Superintendent for approval of such ingress and egress.
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FEES AND REIMBURSEMENT OF COSTS
Pursuant to 36 C.F.R. 14.22(a)(2), for State or local governments or agencies or
instrumentalities thereof where the lands will be used for governmental purposes and continue to
serve the general public, payment of fees and costs incurred by the Service as a result of this permit
are waived.
TERMS AND CONDITIONS
The permit is subject to the following terms and conditions:
(1) This permit shall not be construed as a permanent interest in the land of the
right-of-way or as an abandonment of use and occupancy by the United States, but shall be
considered a use of the land as described, anything contained to the contrary notwithstanding.
(2) This right-of-way permit maybe terminated upon breach of any of the stated conditions
or at the discretion of the Regional Director of the Service. Permittee will be given written notice
and thirty (30) days to allow an opportunity for corrective actions before termination may occur.
The written notice shall describe the specific violations of the permit. If Permittee does not correct
the violations to the satisfaction of the Service, or present a reasonable plan acceptable to the
Service within the thirty (30) day period, then the NPS shall be entitled to revoke this permit.
(3) The Permittee shall comply with all applicable State and Federal laws and existing
regulations promulgated thereunder in the operation and maintenance of the surface and
underground road improvements and above and underground utilities.
(4) The Superintendent, Olympic National Park, shall be notified in writing no less than
two weeks prior to the start of initial construction on Park lands. An on-site meeting will be
conducted no less than one week prior to start of construction between representatives of the Park
and the Permittee construction/maintenance supervisor to determine and clarify the scope of the
project and any requirements of the Service. The Permittee construction/maintenance supervisor
will contact the Park on the morning of the first day of work and each morning thereafter prior to
entering the Park, advising the location and extent of work crews and equipment in the Park.
Except in extraordinary situations and with the agreement of the superintendent, or as determined at
or prior to the on-site meeting above, all work on Park lands will be conducted on a Monday
through Friday, 8 a.m. through 5 p.m. basis. All work on Park lands shall be completed to the
satisfaction ofthe superintendent or his or her representative.
(5) The Permittee shall have a right of ingress and egress within the right-of-way at all
times for the purposes of maintaining and operating the existing surface and underground road
improvements and above and underground utilities and appurtenances.
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(15) The Permittee agrees to do everything reasonably within its power, both
independently and on request of the superintendent, to prevent and suppress fires resulting from the
Permittee's activities on and adjacent to the right-of-way.
(16) The Permittee agrees that the right-of-way shall be subject to the express condition
that the use will not unduly interfere with the management and administration by the Service of the
lands. Further, the Permittee agrees and consents to the occupancy and use by the Park, its
Permittees, or lessees of any part of the right-of-way not actually occupied or required by the
project, or the full and safe utilization, for necessary operations incident to such management,
administration, or disposal.
(17) Upon expiration, revocation or termination of this permit, the Permittee shall leave the
lands subject to the permit in as nearly the original condition as possible, as directed and approved
by the superintendent
(18) The Permittee agrees that in undertaking all activities pursuant to this permit, it will
not discriminate against any person because of race, color, religion, sex, or national origin.
(19) No member of or Delegate to Congress or Resident Commissioner shall be admitted
to any share or part of this permit or to any benefit that may arise therefrom, but this provision shall
. not be construed to extend to this permit if made with a corporation for its general benefit.
(20) No transfer of the permit will be recognized unless and until it is first approved in
writing by the Regional Director of the Service. Such a transfer must be filed in accordance with
existing regulations at the time of transIer, and must be supported by the stipulation that the
assignee agrees to comply with and to be bound by the terms and conditions of the right-of-way.
(21) This agreement is made upon the express condition that the United States, its agents
and employees shall be free from all liabilities and claims for damages and/or suits for or by reason
of any injury, or death to any person or dam'age to property of any kind whatsoever, whether to the
person or property of the Permittee, its agents or employees, or third parties, from any cause or
causes whatsoever while in or upon said premises or any part thereof during the term of this
agreement or occasioned by any occupancy or use of said premises or any activity carried on by the
Permittee in connection herewith, and the Permittee hereby covenants and agrees to indemnify,
defend, save and hold harmless the United States, its agents, and employees from all liabilities,
charges, expenses and costs on account of or by reason of any such injuries, deaths, liabilities,
claims, suits or losses however occurring or damages growing out of the same.
(22) Any alterations to this permit must be in writing and signed by the parties. Renewals
will be subject to regulations existing at the time of renewal and such other terms and conditions
deemed necessary to protect the public interest.
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W AlVER NOT CONTINUING
The waiver of any breach of any provision of this right-of-way permit, whether such waiver
be expressed or implied, shall not be construed to be a continuing waiver or a waiver of, or consent,
to any subsequent or prior breach of the same or any other provision of this permit.
IN WITNESS WHEREOF, the Regional Director of the National Park Service, acting on
behalf of the United States, in the exercise of the delegated authority from the Secretary of the
Department of the Interior, has caused this Permit of Right-of-Way number RW-9500-00-004 to be
executed this day of , 2001.
David K. Morris, Superintendent
Olympic National Park
National Park Service
United States Department of the Interior
ACCEPTED THIS
day of
,2001.
Michael Quinn, City Manager
City of Port Angeles
Attest:
Becky Upton, City Clerk
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'-'l'~:'J,:~,:;'<';::,
\<
FORTANHLES
WAS H I N G TON, U. S. A.
CITY COUNCIL MEMO
DATE:
April 26, 2001
TO:
Mayor Doyle and City Council
Dan McKeen, Fire Chier ~ I .
FROM:
SUBJECT:
Modifications to the City's Existing Agreement with Olympic Ambulance
Summary: The City's current agreement with Olympic Ambulance has been modified to allow
Olympic Ambulance the ability to use off-duty City paramedics for out-of-town ambulance
transports. City paramedics will only be used in the event no other paramedics within the area are
available. Provisions were added to this agreement to ensure the City incurs no fmancialliability.
The ambulance agreement was also modified to reflect operational changes that have occurred
during the past thirteen years -- the time since the last agreement was negotiated.
Recommendation: City Council to authorize the Mayor to sign the attached agreement with
Olympic Ambulance.
Background: Olympic Ambulance recently contacted the Fire Department regarding its desire to
employ off-duty City paramedics on a part-time basis for out-of-town ambulance transports.
Olympic Ambulance further indicated it has been increasingly difficult to find paramedics for the
aforementioned transports, occasionally creating delays towards providing timely ambulance service.
Currently Olympic Ambulance uses its own paramedics and paramedics from Clallam County Fire
District #3.
Port Angeles Fire Department (P AFD) policy does not allow its paramedics to seek part-time
employment with Olympic Ambulance. Such employment is considered a conflict of interest due
to the Fire Department's Operational Agreemenfwith Olympic Ambulance -- PAFD paramedics
routinely hand-over patients to Olympic Ambulance who do not require advanced medical
interventions. The patients handed over are then billed a transport fee by Olympic Ambulance.
As Olympic Ambulance benefits financially each time a P AFD paramedic hands-off a patient, a
P AFD paramedic employed by Olympic Ambulance could be "perceived" as having a reason to
inappropriately hand-off patients. The Fire Department feels if one of its paramedics was employed
by Olympic Ambulance, it could create a risk for the City, even if that risk is based on appearance
alone.
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PORT ANGELES MEDIC I /PRIVATE CARRIER
OPERATIONAL PROCEDURES AGREEMENT
This Agreement is entered into this _ day of , 2001, by and between the City
of Port Angeles (City) and Olympic Ambulance Service, Inc. (Olympic Ambulance or private
carrier).
WHEREAS, since May, 1988, the City and Olympic Ambulance have been cooperating in
providing emergency medical services within the City of Port Angeles in compliance with an
Operational Procedures Agreement and the City's Ambulance Business License Ordinance, Ch. 5.08
of the Port Angeles Municipal Code (PAMC); and
WHEREAS, the 1988 Operational Procedures Agreement needs to be updated to incorporate
changes in the Ambulance Business License Ordinance and changes in the protocols and procedures
that the parties agree are appropriate; and
WHEREAS, Olympic Ambulance has requested the City to be able to utilize the City's
paramedics for out-of-town ambulance transports based upon medical necessity and the
unavailability of Olympic Ambulance's paramedics;
NOW, THEREFORE, in consideration ofthe abOVe: representations and the agreements set
forth herein, the City and Olympic Ambulance hereby agree as follows:
1. Cooperation Agreeme'nt. The City and Olympic Ambulance will cooperate fully in
providing emergency medical services (EMS) within the City of Port Angeles in
compliance with the protocols and procedures set forth herein and in Chapter 5.08
P AMC.
2. Definitions. The terms used in this Agreement shall have the same meanings as set
forth in Ch. 5.08 P AMC.
3. General Rule. As a general rule, the City's Medic I program responds and provides
service to all EMS calls for patients within the City, including transportation to the
Olympic Medical C.enter (OM C), if the patient is determined by the emergency
room physician, either by direct communication or adopted protocol, to require
advanced life support services. If the Medic I patient does not require advanced life
support, the private carrier, if available, transports the patient to OMC. All
transports from OMC to designations in and out of the City are provided by the
private carrier.
4
F: \A G REEM ENTS&CO NTRACTS\medicI.agr .wpd
Page I of 5
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5. Emergency Response Protocols
a.
Medic I persOnnel shall deterITiineifthe private carrier is to respond code to
any EMS call within the City received by PenCom.
b. The private carrier may use vehicle-mounted infrared signal emitters to
acquire emergency lane control when responding code on Medic I requested
calls within the City or when responding code to or from an EMS call outside
the City.
6. Medical Protocols
a.
To expedite.patient care, Medic I personnel may request the private carrier to
be dispatched to any EMS call within the City, when Medic I personnel
determine that it is reasonably likely that the patient requires only BLS
services. (An example of this situation would be if PenCom were to report
that the patient has a sporting injury such as a possible fractured wrist.)
Alternatively, Medic I personnel may wait until they have arrived at the scene
and have performed a basic examination before requesting a private carrier to
the scene for BLS transport. Medic I personnel will transport BLS patients
only after verifying that the private carrier is not available, or that the patient
originates from Harborcrest, Ediz Hook, or areas west of the airport, or that
the patient is at an event or activity where the City's reserve medic unit is
providing standby service.
b.
Medic I personnel may request a private carrier to respond code to any request
for Medic I services in the City if Medic I personnel determine that a delayed
response by Medic I personnel could be detrimental to the patient's condition
or if the gravity of the incident could exceed the resources of the Medic I
program. The private carrier will transport ALS Medic I patients only after
Medic I personnel have made such a request.
7. Transportation Protocols
a. Once the private carrier has committed to transporting a BLS patient (i.e.
taken medical control of the patient), the private carrier will not be released
from the call to answer calls outside the City until the private carrier has
cleared from the patient.
b. It is expected that the private carrier, when requested for BLS transport, shall
be on the air within two minutes from time of tone out. If the private carrier
is unable to be enroute within a reasonable period of time as determined by
Medic I personnel at the scene, Medic I personnel will prepare to transport
BLS patients to OMC. Once the patient has been placed on a Medic I gurney,
F :\A G R E EM ENTS&CONTRA CTSlmedicl.agr. wpd
Page 3 of 5
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Ambulance or the City or the City's paramedics in the performance of this
Agreement.
g.
Insurance. Olympic Ambulance shall procure and maintain for the duration
of the Agreement insurance against claims for injuries or damage to property,
which may arise from or in connection with the performance of this
Agreement, with the following insurance limits:
1. Automobile liability insurance with a minimum combined single limit
for bodily injury and property damage of $1,000,000 per accident.
2. Commercial general liability insurance with limits of not less than
$1,000,000 for each occurrence and $2,000,000 general aggregate.
3. Professional liability insurance with limits of no less than $1,000,000
per claim.
9. Term. The term ofthis Agreement shall commence onthe date of execution of this
Agreement and continue until terminated by either party giving to the other party one year's written
notice. Subsequent to termination, each party shall have the right to assert any legal or equitable
position available to them under the laws of the State of Washington, as if the parties had not
previously entered into this agreement.
10. Parties Benefitted. This Agreement is entered into for the benefit of the parties to
the Agreement only and shall offer no benefits, direct or implied, on any third persons.
DA TED this
day of
,2001.
OL YMPIC AMBULANCES, JNC.
CITY OF PORT ANGELES
. .
... ..... -,,/ "I "
,...~c. I..,./
'_. '( _ ./.# C-;a. '-
by: Bill Littlejohn I'
its: President
by: Larry Doyle, Mayor
attest: Becky J. Upton, City Clerk
approved as to form:
Craig D. Knutson, City Attorney
F :\AGREEMENTS&CONTRACTS\medicl.agr.wpd
Page 5 of 5
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operational Procedures
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d)
olympic Ambulance Service, Inc., is hereby authorized
to operate'two mobile radio units, under the city of
Port Angeles Fire Radio Service KNGD 464, 154.220 mHz.
This authority may be withdrawn by the City without
cause and is subject to the following conditions:
(1) Communication shall be only for emergency
purposes, and then solely to facilitate the City of
Port Angeles .... Medic I program and CCRFP District 2 EMS
response, including patient care and transportation.
(2) Communication is authorized between Olympic
Ambulance mobiles and Port' Angeles Fire and Medic
units and CCRFP District 2 EMS units. No communica-
tion is authorized between Olympic Ambulance mobiles
except in emergency condition.
(3) Communications shall be brief and professional in
nature. The dispatch center shall be addressed as
"Port Angeles Dispatch" . Ambulances shall identify
themselves as AID-20.
(4) Authorization is limited to two (2) land mobile
FCC type accepted radios, maximum of 50 watts input,
installed in ambulance(s) operating in the Port Angeles
and CCRFP District 2 ,area.
(5) Olympic Ambulance Service, Inc., agrees to hold
the City of Port Angeles harmless and defend the City
against any claims or suits that may arise out of or be
caused by, or be connected with the use of this Fire
Radio Service frequency under this authorization.
4. Emerqency Response Protocols
a) Medic I personnel shall determine if the private
carrier is to respond code to any EMS call within the
City received by consolidated dispatch.
b) The private carrier may request emergency lane control
when responding code on Medic I requested calls within
the City, or when responding code to or from an emer-
gency medical service call outside the City of Port
Angeles.
Medical Protocols
.
5.
a) To expedite patient care, Medic I personnel may request
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WASHINGTON, U.S.A.
PARKS, RECREATION AND BEAUTIFICATION COMMISSION
DATE:
MAY 1, 2001
To:
MAYOR DOYLE AND CITY COUNCIL
~
FROM:
PARKS, RECREATION AND BEAUTIFICATION COMMISSION
SUBJECT:
CONDITIONAL PARK USE PERMITS: CITY PIERlHOLLYWOOD BEACH
SUMMARY: ACCORDING TO CHAPTER 12.12 SECTION .020 OF THE PORT ANGELES MUNICIPAL
CODE A CONDITIONAL PARK USE PERMIT IS REQUIRED FOR EVENTS AT THE CITY PIER/HOLLYWOOD
BEACH, WHICH ARE NOT EXPRESSLY PERMITTED BY ORDINANCE. ATTACHED ARE THREE SPECIAL
EVENT REQUESTS FROM THE PORT ANGELES CHAMBER OF COMMERCE INCLUDING:
CONCERTS AT THE PIER PROGRAM
4TH OF JULY EVENT
JETTIN' THE STRAIT JET SKI EVENT
.
THESE EVENT ACTIVITIES INCLUDE FOOD VENDING .WHICH IS NOT AMONG THE PERMITTED
ACTIVITIES ALLOWED BY CHAPTER 12.12 SECTION 020 OF THE PORT ANGELES MUNICIPAL CODE
AT THE CITY PIER OR WATERFRONT PARKS.
RECOMMENDATION: THAT THE CITY COUNCIL APPROVE THE RECOMMENDATION OF THE PARKS,
RECREATION AND BEAUTIFICATION COMMISSION TO GRANT A CONDITIONAL PARK USE PERMIT
ALLOWING LOCAL FOOD VENDING AT THE CONCERTS AT THE PIER PROGRAM, 4TH OF JULY EVENT
AND JETTIN' THE STRAIT SPECIAL EVENTS AT THE CITY PIER AND HOLLYWOOD BEACH. IN
ADDITION, THE COMMISSION RECOMMENDS THAT AS A CONDITION FOR GRANTING THE PERMIT
THAT THE CHAMBER BE RESPONSIBLE FOR THE CLEAN UP OF LITTER AND TRASH GENERA TED BY
THESE EVENTS.
Issue: Food Vending is not identified as a permitted activity at the City Pier or city waterfront
parks. A conditional use permit may be granted by the City Council upon recommendation of
approval by the Parks, Recreation and Beautification Commission.
Background/Analysis: Eleven types of activities are permitted by ordinance at the City Pier and
Waterfront Parks including:
.
Boat Races FishingI>erbies
Music Concerts and Performances Rallies
Art shows Car and boat shows
I>ances Scuba and skin diving meets
Christmas celebrations and events Church, civic and service group activities
I>rama Events
71;
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12.12.010
12.12.020
Sections:
12.12.010
12.12.020
12.12.030
12.12.040
12.12.050
12.12.060
12.12.070
12.12.080
12.12.090
12.12.100
12.12.110
12.12.120
12.12.130
12.12.140
"""'
Chapter 12.12
CITY PIER AND WATERFRONT PARK REGULATIONS
Applicability and Purpose of Provisions.
Permitted Activities.
Conditionally Pennitted Activities.
Permit Application" and Processing.
Damage Deposit, Insurance, and Fire and Police Certifications.
Revocation ofPennit.
No Assignment ofPennits.
Right of Inspection.
Temporary Alterations to Facilities.
Hours. of Operation.
Regwation of Floating Moorage Facilities at City Pier and Waterfront Park.
Regulation of Permanent Moorage at the City Pier and Waterfront Park.
Prohibited Activities.
Concessions.
J2. J2.01O Applicability and Pur:pose of Provisions. This Chapter shall apply to the use of
the City Pier and Waterfront Park located at the foot of Lincoln Street in the City of Port Angeles.
This facility is provided by the City for the use of the citizens of Port Angeles for social, passive
recreational, educational, and cultural activities. Only those activities which are consistent with the
provision of the facility for these purposes should be allowed at the City Pier and Watemont Park.
(Ord. 2169 91, 10/4/81)
J 2 _ 12.020 Permitted Activities.
A. The foUowing activities are permitted on the City Pier and Waterfront Park facility if
they are sponsored, operatect and/or promot~d by a civic, charitable, or nonprofit organization or
corporation: -.
l.
2.
3.
4.
5.
6.
7.
8.
9.
10.
11.
6/96
Boat races;
Fishing derbies;
Music concerts and performances;
Rallies;
Art shows;
Car and boat shows;
Dances;
Scuba and skin diving meets;
Christmas celebrations and events;
Church, civic and service group activities;
Drama events.
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12 - 14
73
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12.12.050
12.12.110
The deposit or any portion thereof unused shall be retwned to the applicant when the City is satisfied
that the facility has been returned to the same condition as it was in prior to the commencement of
the activity;
B. Provide evidence that the applicant has in full force and effect, a liability insurance
policy in an amount of not less than three' hundred thousand dollars bodily injury per person and one
hundred thousand dollars property damage, for any personal injury or property damage arising out
of, or in any way caused by, the applicant's use of the facility;
C. Execute an agreement to save and hold the City of Port Angeles harmless from, and
defend the City against any and aU claims. and actioDS for personal injury or property damage arising
out of, or in any way caused by the applicant's use of the facility;
D. Provide, when requested by the Parks and Reaeation Director, a written confirmation
from the Chief of Police and the Fire Chief of the City that the applicant has agreed to or otherwise
contracted for all necessary crowd, traffic, assembly, and other requirements of the Police and Fire
Depanments. (Ord. 2169 ~S, 10/4/81)
12. I 2.060 Revocation of Permit. Any permit issued pursuant to the terms of this Chapter
may be revoked in accordance with the provisions of Sections 5.04.150 through 5.04.220 of this
Code. (Ord. 2169 ~6, 10/4/81)
.
12.12.070 No Assignment ofPennits. No pennit issued pursuant to this Chapter may be
assigned. (Ord. 2169 ~7, 10/4/81)
12.12.080 Right ofInspection. The Parks and Recreation Director, or his designee, or any
peace officer, shall have the right to inspect .any activity at the City Pier and Waterfront Park facility.
(Ord. 2169 ~8, 10/4/81)
12.12.090 Temporary Alterations to Facilities. The applicant for a permit may make
application for, and may upon approval of the application, make temporary alterations to the City Pier
and Waterfront Park facility. All such alterations shall be immediately removed atthe conclusion of
the activity, and the structure shall be returned to the condition existing before the alterations. (Ord.
2 I 69 ~9, 10/4/81)
12.12.100 Hours of Operation. The City Pier and Waterfront Park shall be open for foot
traffic 24 hours daily; provided, however, that the City Pier parking lot and restrooms shall be closed
at I 1:00 P.M. and shall be opened at 8:00 AM., unless the Parks Director, in his discretion, schedules
an earlier opening, particularly in the summer months. (Ord. 2314 ~I, 10/17/84; Ord. 2169 ~11,
1 0/4/8 1 )
.
12.12.110 Regulation ofFJoating Moorage Facilities at City Pier and Waterfront Park.
A. No boat or other vessel, other than recreational boats, shall use the floating moorage
facilities at the City Pier and Waterfront Park. All operators of vessels mooring overnight are
required to self register and pay a moorage fee as set forth in Chapter 3.70 P AMC.
B. No boat shall moor at the Park for a period oflonger th,an ten consecutive days: (Ord.
2932930 (part), 10/11/96; Ord. 282691, 7/15/94; Ord. 2209 ~I. 5/3/82; Ord. 2169 ~12, 10/4/81)
.,,-
1 0/96
12 - 16
75
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!i~~~~Y;;s1~>),J';l~")" \"~f'::'f~,:: '\' !" ,:~~~~~.:::.{{~tj~:~3~~;~If\
City of Port Angeles - p~r~s. .&Recreation Department
':,' '''1':,t1-'''
308 East 4th Stie~f -- P.O. Box 1150
:i;((~~*~F _ ., _ .
Port Angeles, W A 98362 of: pORT <4t\'",
"' ' . ,"~
Phone: 417-4555 cY (~
Special Event Park Use Permit
Reference: Port Angeles Municipal Code 12.04.040, as follows:_
"Permits for special events in a recreation and park facility or for tbeuse of specific areas in such a facility
by individuals Qr'groups may be issued by the Director upon written appliaation. Any individual or gro9P receiving I
the permitsIWlbe subject to all applicable.patktegulalions and city ordinances in the use ofeil)' facUities. The ,I
Director, or his tepre$entati\'e, shall revokclnypermft where a cityordlnance is.being violatedotltse is not in
accordance with that for which the permit was granted."
g~~:~~:o~rofl~~n~ofttJ~~;~~t. ~M9,:~""?J:,~~~L~~~ , .' ('.
Addtess:....'.~\.....j- ~\~.-~l.....f!4i.'_....~.....:~... .... ','. ",'iv'PIt~~: (W)~.'~:~;,~t3.'j\~.'117
Title, .Purpose'& DescriPtion ofBventlProjeet:q additi.onalspaoe is ficeded, pleASe Use ttie ri~etse sidcOf~);"" .
~~ '"< ~ -t'k . ~ytJ-..)""f .; .' l\"
~~~~ ~~~~c-:~ "';';p. 01"7'01' p,t..c.<... '"
G. ~ ~.~ ~'?~ <oJ~. 'TI~ .. '.~ ~ ..../'i ~_
~.o c:>(').. ~ ~. . ~~__ \..,.I ~Qq;~ _ "
~,,~.o~~....... '"7'~ ~ €...,.:H.tI.,J ~
AppUcatiQU Date:
.' .'. - ."- .
1.! . .L. ~
.\
.-'
I'lil
T
..s ~,-c.. tJu~ ~a...
l-!....h...~ t.- oc:..40"'"r "..,.,j
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Date(s) 4- '"'fit ~u..-t
P-oo t
Additional documentation required:
o Use Agreement .
g...-' Hold Harmless Agreement
EY" Proof of Insurance
o Damage Deposit
o Other:
Use authorizedO
BY:
Date:
Director of Parks & Recreation
mments:
CITY OF PORT ANGELES PARKS & RECREATION DEPARTMENT
.
HOLD ~JlSS AGREEMENT
,
,
ORGANIZATION:
PQ4.~
~ ~ c..e!iS'
~ p..,..., t1cJ12.
o~
c>"-,;v., #Za e
~ ( I '7M
EVENT: ' ~ (,J '-'-t "T
CONTACT PERSON: ~SS \J &~€~"A. PHQNB(W): 4:S"2-23~:
ADQRESS:, ,\,,:?-\ ~t",:~~~,4~~~. "./>~, AJ~6~",
In consideration of the ~eof the fo1JQ~ describedprtInises of theCi~of Port Attgeles
Q ,-r-... ,(".uL, r~. ,,\-\ou..."'(-,~U'.c::-Q~ ~ ',~' ,'~t~
(I,_'Tk _ Q
on -,- , ~~.........c. from ''-'''''~ 0,.N\ toY... "'~i"-J\. Q,.;I'i-r.
+be undersigned on bebalfofbilitself. his principat, andbis agents, hereby agrees to de~ndan,dbQldth~City of i
~~rt Angeles and its officials, eti'iployees and agents, harmless against any claims and/or lawsuitsfot per~c)~ "
.injury and/or property damage arising out, of, or in any way conneeted with, the use of the above..described
premises, except for injuries or daJnages caused by the sole neglig~nce of the City.
PLEASE COMPLETE: Actual Time 01 Event: From 0(. 0.::> A.~ To
"" , .t:) N \ Q.4.'\ ..,
DATED this ~ (20 day of ,~\ '-
.~ 2
.200 \
By
'----
~~
~ BOX IS CHECKED - PLEASE COMPLETE:
"
lXPECTED ATTENDANCE: )., , 0 ~ 0 -;-
PROCEEDS RECIPIENT: fA. G 0 ~ C!....
.
ADMISSION CHARGE: (Monev collected by whom. and bv what method) III/A
.
"C.'F'-l:.'J~';, .h :,';X.;>;::";~:'jjr[:~:.~\?~}'" ,\ ::j_;.:<}"~:~(W?~~" ~.-:..'"
City of Port Angeles - p. &. Recreation Department
,~''''
308 East 4th Street -- P.O. Box 1150
Port Angeles, W,A ,~8362 of ,OAT ~Q~
Phone: 417-4555 ~~.. . <~
Special Event Park Use Permit
~ ;:
. 'V~ .'~
'. ..,.", - . . ' .;:.
~~O RE.C"~.,
Reference: Port Angeles Municipal Code 12.04.040. as follows:
"Pennits fot special events ina recreation ~!park facility or for the use of specifIC areas in such a facUity .:)
by individuals or grottPs ~y be issued by the Dlt.,Upon written application. Anyinclividual.or gr()up"recciving!~
~pennit shaUbesQbjC4tto all applicabJepal'kreguJations and city otdhjanees in _UU:Qr9~WfaciUtiea,'The i
Direc~r, or his tept~iuativej shall revoke any perri.lit where a city Ordi~f1M is being violated or use is not in ':
accordance with that fOfwbich the puanit wasgmnted.".
AppUcatiqJ),>>ate; . .. .
Organi~tion'~ro6tl.Mn1#o~~~,'~~~.~ .~CcZJ-&:.'"'" .... '..,..:f)~"".R:. .'~~'h:':';:'.:'~.'~:~:~.'~':.~.: ":': I
Contact Pers~n: ~~i u. fr~~~i"irr::: 1 . . j ~.' ~ ~ TIUL-",'~ ':"~fll.'-, . '. .to ,. .
Address: ~~\.ii~~~~1'~6~:~. ". .' ".1\ I ..~.. ,. ..Pb.ObC;(W)~~~~..1!1~';;'(b} J
rt'itlel PurpOse &. DescriptiOn of BventlPtojectt ,(f_iii.. space ill oeede4. _euse tbi;.~ PIe of~) '.
j ..~ .....t..1' ~E. .s ,. ~~ ..
-S-4~ ~, .~.j ~..,J-:+
e\",,)~.
~~ ~~.\.. Pif'_~~S:; ~d ~o~
--s:::.....~ <?....~'::1 ~ ON . ~ 4~' T?" f! P, ~
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. ~.;
. ~
~
.-:> -r.. --- ,....-.,- \." ~"T
Date(s) ~ 0 ou..,s.E e.....~ ~ v ~ r ?,c:::>o,
Additional documentation required:
o Use Agreement
~ Hold Harmless Agreement
o Proof of Insurance
o Damage Deposit
o Other:
1 Jse authorizedO
BY:
Date:
Director of Parks &:. Recreation
omments:
CITY OF PORT ANGELES p~ & RECREATION DEPARTMENT
HOLD IlARMJ:ijtSS AGREEMENT
.
'"
ORGANIZATION:
'POO-r
~ <3cGCJ6-(..
~ . ',." - .
, , Q.n Q-n-.4. ~ o~
~...v, '-~c ~
EVENT:
~ ~-,'? t,J , ,-r~ r
,~ "? r29-~-C .
CONTACTPBRSQN: ~SAU ~".roJ~~4 P~Olm(w): (11):
,A;IlpmS: V'2;.,\. ~,~~~, c.,->,~./,"~ ~, ~~~'
.
, ',--
, ., '. "
ID consideration of the useo! the follQWiJlg dCsCtibed. pteJt1ises of the City of Port Angeles
Q\~~ ,~S2- p~~ ,. ~~~~-~ ..~'&P-~
on ~Q""'K ~: ~rt'~ .\S" ~~u_'{ frOtn ,"1. "3.0 Q.,,~ to '''''QO C>.~.
the undersigned on behalf of himself, bisprlncipal, and his agents, borOby agreeStod.efend and hold the City of
L'ort Angeles and its officials, employees and agents, hannless against any claimsandJor lawsuits for persone
,injury and/or property damage arising out of, or in any way connected with, the use of the above-described
premises, except for injuries or damages caused by the sole negligence of the City .
PLEASE COMPLETE: Actual Time 01 Event: From ~ . 0.0 ~,...., To S'. oDf>,,",
DATED this '3 ~
day of ~(:) 4'2-, '-- . 20 0 \
By
~
~
~
~ox IS CHECKED - PLEASE COMPLETE:
iXPECTED ATTENDANCE:
PROCEEDS RECIPIENT:
.
ADMISSION CHARGE: (Monev collected bv whom. and by what method)
<:'t'K:'r'~;f6>; :~:;p,'~\~\~t:~:~. ;~:!\:: .;)-f::~~;f;~~~~}~J,:~~t~,:;
.
City of Port Angeles - p~*~ .~ Recreation Department
308 East 4th Str~f - P.O. Box 1150
Port Angeles, WA 98362
Phone: 4174555
Special Event Park Use Permit
l .~
~....;: . ~
"W"NOAtc"~~
Reference: Port Angeles Municipal Code 12.04.040, as follows:
.f
"Permits for spec~event8ina rceteatiOn an<,lPatk facniW or for the useofspecifi~areas~sQJ:h a faeili>>, ;~
by individuals. orgroup$ may be'iSsued'.by the Dit.uponWl'ittenappJ.iQation......~Y. in4iVid~ . or. groUp . ~~ipg~
the pertnit s~ bcsubj~ to aUQP1icabJe Patk~~tiO,JJ$andcit)!,Ordbutnces ;~.the.usegf,~i~~iJi~.Tb~ .' :,;
DirectOr, orhi$tepresentative. slWltevoteany,petJnitwhere a city t)f(finance.j$being vio.:Or use is nr;t in. . ,
accordance with that tdrwbich the petuut wa$gnuuecl;~ ". ". ..' "
~.
AppU~tiQJlJ)att:i
=~'}1~~ ,~~~.. 'O~~dt~cj,9"'"~"~~, ",' ". ,.....":
~:.. '~~M",~~~~",'::;~1::":e.p~ ..1~~~,~~'J ~:~;:'2:.'.,:'~;,;~iI)i~,iji~~:~'.~Bir!":'~'f;,;';:-.~t
""ide PurpO$e&DesctitJtiOn ofl!Vent/PtOject(f.i 'I '''''needed:IW''~~'~lJf~)' '. .' .
,,~~~~. '~..' ?".i"~~~ .ti~~1S ...IP e~:;, ',"",' '. .',
w. $i'4...... ~....M.~~."'"f
'"1>~"T .0$<1 .~ c........~ ~ ," ~
.J ,-~_or<...
,
"
,v
I
Date(s) ~ ~ -s .:' .?- l ~ -.s ~.., I ~ ......
"
Additional documentation required:
o Use Agreement
e--__. . H9Jd.. Harmless Agreement
o Proof of Insurance
o Damage Deposit
o Other:
TJse authorizedO
BY:
Date:
Director of ParkS & Recreation
omments :
CITY OF PORT ANGELES P~ & RECREATION DEPARTMENT
.
HOLD HARMLESS AGREEMENT
ORGANIZATION:
P~a...,
~Cl~~.s
().. 4,-. Q. '"L d ~ a:-.. _. dC.C' ~
EVENT: ~~~~"1. t" 0-.) -r..... & e, ~
CONTACT PERSON: ~~~ ~<k~...~,,-.4 PHONE(W):~-~'! (II):
ADDRESS: \'2., \. ~.~~~~. ",",4n;' 4.lG.c:gt..S.r
, ,
In consideration of the use of the following descnoed premises of the City of Port Angeles
Q,-t'"'\ r..~, .
on ~"" ,jn,.& ~ ~ '1 ~ ~.-'~ from ~. Q.:) G>","", to 8- . 1;"0 ~ ~ .
''Ie undersigned on behalf ofbiInself, his pril1cipali andbis agentS, hereby agrees to defend ancfholdtbe City of "
eort Angeles and its officials, ettiployeesand agents,' hannless against any claims and/or lawsuits for persoA
injury and/or property damage arising out of, or in any way connected with, the use of the above-described
premises, except for injuries or damages caused by the sole negligence of the City.
PLEASE COMPLETE: Actual Time of Event: From ,. <:1.0 p.-.
To 8- ~ 0 U c?f'-\ ' .
DATED this
'} <2..9
day of
Q..p (2., <-
.200(,
By
~
~- ~.
&iF BOX IS CHECKED - PLEASE COMPLETE:
OCPECTED ATTENDANCE:
PROCEEDS RECIPIENT:
.
ADMISSION CHARGE:cMoney collected by whom. and by what method)
.
.
.
J,;':~.t"};' 'V':;'..:;) (;~}:;*~t~::?
'k~~"\
~ORT ANGt!LES
WAS H I N G TON, U. S. A.
CITY COUNCIL MEMO
DATE:
May 1,2001
To:
MAYOR DOYLE AND CITY COUNCIL
FROM:
Glenn A. Cutler, Director of Public Works and Utilities
SUBJECT:
Surplus Equipment and Materials
Summary: The City has three substation transformers and one substation control center which
are no longer needed. A portion of their cost can be recovered by declaring them surplus and
selling them. In addition, materials purchased for construction of the landfill cell (bentonite) and
the downtown watermain replacement projects (silica sand) are no longer needed and should be
sold.
Recommendation: Open the public hearing and obtain comments. If appropriate, declare
the transformers, bentonite, and silica sand, as surplus and authorize the Director of Public
Works and Utilities to advertise and sell them.
Back\:round I Analysis: The City will have three substation transformers and one substation
control center in excess of our needs. In addition, the City has significant excess sand and
bentonite left over from the landfill and downtown watermain projects, beyond maintenance and
repair needs, which are taking up valuable storage space.
The first 7500 kV A transformer, rated at 69,000 volts to 13,800 volts, has been out of service
and has been stored at the pole yard since its removal from Valley Substation in 1995. This
transformer was purchased from General Electric Co. in 1963. The City has only one 13,800
volt customer remaining, K-Ply, and they are served from the 12,470 volt system with a step-up
transformer bank at their service point.
The second 7500 kV A transformer with load tap changer, rated 69,000 volts to 4,160 volts and
its associated control center, is located at Washington Substation and is no longer of any use. It
was purchased from General Electric Co. in 1971. The completion of the conversion in 2000 of
the last of the 4,160 volt system to 12,470 volt operation eliminated any future use for this unit.
The third 7500 kV A transformer with load tap changer, rated 69,000 volts to 12,470 volts, is
located at "I" Street Substation and will be removed from service this summer to be replaced
with a larger unit. It was purchased from Westinghouse Electric Co. in 1970. The "I" Street
7500 kV A transformer was originally planned for use at the proposed Golf Course Road
Substation. However, the construction of a substation at that location is now questionable and it
has been delayed indefinitely.
83
City Council Memo Dated 4/17/01
RE: Surplus Equipment and Materials
Page 2
.
During the landfill cell construction the City included the purchasing of bentonite in the contract
to have it in place in the event that our local materials could not meet stringent specifications for
lining material permeability. This was done to avoid contract delays due to the long delivery
time for bentonite and to assure that we could meet the need to have the liner in place as soon as
possible to avoid weather problems. The contractor was able to meet the specifications without
significant use of the bentonite. The last lined cell has been constructed at the landfill and we do
not anticipate a need for a significant amount beyond that for minor repairs. The bentonite
requires covered storage space and the sale will free that space.
During the first phase of the Downtown Watermain and Sidewalk Replacement a silica sand was
specified for the brick pavers. The gradation of the sand specified was such that it was difficult
to work with and we authorized the contractor to utilize an improved gradation to avoid added
costs and delays. In lieu of paying for the shipping to return the product we elected to retain
what would be reasonablely ne~ded for future maintenance and. repair and surplus the balance.
The surplus was delayed until the current phase was completed, in case some of the sand could
be utilized. As with the bentonite the silica sand is stored under cover at the corporation yard,
and the sale will free up needed storage space.
The estimated value of the above transformers and materials exceeds $15,000. It is
recommended that Council declare them surplus and authorize the Director of Public Works and
Utilities to advertise and sell them.
.
N:\PWKS\LIGH1\ENGR\PROJECTS\XFMRSALE\XFMRCC.wpd
.
84
.
.
.
""'::i~~:-~!:';?,:>--:' >" . r', '. ^' ."',,y/';,
CITY OF
RORT ANGELES
WASHINGTON, U.S.A
~
CITY COUNCIL MEMO
DATE:
May 1,2001
To:
MAYOR DOYLE AND CITY COUNCIL
FROM:
Glenn A. Cutler, Director of Public Works and Utilities
Brad Collins, Community Development Director
SUBJECT:
Continuation of Telecommunications and Related Ordinances Public Hearing
Summary: On April 17, 2001, City Council opened a public hearing on the proposed
ordinances and telecommunications related amendments to existing ordinances and continued it
to May 1,2001.
Recommendation: Continue the public hearing on the proposed Telecommunications, Pole
Attachment, and Wireless Telecommunications Tower And Facilities ordinances and
telecommunications related updates to existing ordinances including Fees, Business
Licensin2, Public Utility Tax, Construction or Excavation Work Within Ri2ht-of-Way, and
Ri2ht-of-Way Use. After obtaining comments close the hearing and direct staff to finalize
the ordinances with any changes the City Council deems appropriate. Staff recommends
the Council consider adopting the above ordinances, including a citation of the Planning
Commission's findings and conclusions in support of that action, at its meeting on May 22,
2001.
Back2round/Analysis: On October 17,2000, City Council approved the Community
Telecommunications Action Plan ("Action Plan"). The Action Plan identified the need for a
comprehensive approach to telecommunications policy including a Telecommunications
ordinance that would reference other ordinances including Pole Attachment, Wireless
Telecommunications Tower And Facilities, Fees, Business Licensing, Public Utility Tax,
Construction or Excavation Work Within Right-of-Way, and Right-of-Way Use. A
comprehensive approach to telecommunications policy is needed to satisfy City economic
development goals, comply with federal and state laws, and to improve management of public
rights-of-way anticipating increased telecommunications construction demands.
On March 28, 2001, the Planning Commission held a public hearing and recommended City
Council adopt the Wireless Telecommunications Towers and Facilities ordinance. There were
no concerns raised by the public during the hearing. On April 9,2001, the Utility Advisory
Committee supported Staff's recommendation to City Council to hold a public hearing and adopt
the new ordinances for Telecommunications, Pole Attachment, and Wireless
Telecommunications Tower and Facilities along with updates to the existing Fees, General
Provisions, Public Utility Tax, Construction or Excavation Work Within Right-of-Way, and
Right-of- Way Use ordinances.
85
86
On April 17, 2001, City Council opened a pu~Hi~ hearing and received a comment from the
public in favor of the proposed Wireless Telecqn1munications Tower and Facilities ordinance.
The April 1 ih public hearing was continued totoilight's meeting.
.
After obtaining comments close the hearing and direct staff to finalize the ordinances with any
changes the City Council deems appropriate. StaIf recommends the Council consider adopting
the above ordinances, including a citation ofth~ Planning Commission's findings and
conclusions in support of that action, at its meeting on May 22, 2001.
.
.
N:IPWKSILIGH1\PO\\'MlTELECOM REPORT 4..DOC
.
.):,,(~
.,\,.,
F.. ORT).lNG.EI}':t' S
~ :;.... r.: :" :.', :"' :." : : ;~. : :.' :
.. ,/ . / . ....'/ ..... . '; , 'LE.
WAS H I N G TON, U. S. A.
CITY COUNCIL MEMO
CITY MANAGER'S CALENDAR / REPORT
May 1, 2001
City Council Meeting Tuesday, May 1 6:00 p.m.
Gateway Committee Meeting (as needed) Thursday, May 3 8:15 a.m.
Utility Advisory Committee Meeting Monday, May 7 3:00 p.m.
. Sister City Visit to Mutsu City, Japan May 8 - 16 na
Law Enforcement Advisory Board Meeting Wednesday, May 9 6:30 p.m.
Planning Commission Meeting Wednesday, May 9 7:00 p.m.
Parks, Recreation, & Beautification Meeting Thursday, May 17 TBA
Downtown Forward Executive Committee Meeting Monday, May 21 7:00 a.m.
City Council Meeting Note date change from 15th Tuesday, May 22 6:00 p.m.
Planning Commission Meeting Wednesday, May 23 7:00 p.m.
Downtown Forward Executive Committee Meeting Monday, May 28 7:00 a.m.
Memorial Day Holiday Tuesday, May 28 Closed
North Olympic Peninsula Cities Association Meeting
Monday, June 4
6:00 p..m.
6:00 p.m.
City Council Meeting
Tuesday, June 5
.
87
.
.
.
88
~~~. ~.- - .. CCALLAr;..fCOUNTY~HUMAN-E.TER-REPORT FOR t-t-TE-MONTH -5F-March,".r---~- ----I
. Jan Feb :Mar Apr :May :Jun .!Jul ;Aug ~Sep . :Oct :Nov :Dec .YTD I
ACQ$trayCats 9 13 9 ':";'.31
ACQGihc:ats .. 0: dJ, 0 : dl dddddl dddd ldidddd. !d dddl ddd: dd!dJ I
PA Citizen Stray Cats 17 6 10; :. : :. ~d l. . L . .:: .i: 331
PACitizenSurrCats 9: 7: 3'. ;:::'.: 191
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PA ACO/RTO Cats : 3[ 0: 2[ [ : ! : ; : [ [ : 5
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J~i~t~~~~T~~:c~:stsiI~rn!Hi~t~.~imgl~ig[~I~i~'~i!1
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"t~~~~~~~~~f~a,S.... .f..............!!.....m..._~i.....m..........~i.......... .. .....J...................:...................[.............1........._1....... .........__...........'...._ .......mX_ .mm... .. · ...m ~ J
ACO Stray Dogs
ACO Gift Dogs
PA Citizen Stray Dogs
P A Citizen Surr Dogs
5/0 Truck Stray Dogs
! 5/0 Truck Surr Dogs
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· Port Arlg;elea
Fire Departme'l1t
Saving Hea,rts and Homes .
.
Maroh 2001~
.
91
P art Angeles . ·
Fire Department
5aving Hearts and Homes
.
March 2001
.
92
March
2001
.. Total Fire Dept. Calls
~o
Fire $ Loss/Saved
:
I
1,000,000 ~
800,000
i
600,000 1
400,000 i
200,00: t=UII
2001
500
I .
=1 ~
I L___
. I
I I
I ~----- --
-------
600 --
400
300
200
2000
o~--
1999
2000
2001
o Saved . Loss
March 01/00 Total Calls 284 /222
2001 Total Calls YTD 760
2000 Total Calls YTD 688
Saved Loss
2001 YTD 269,000 183,000
2000 YTD 1,164,400 130,408
25--
.
5 ---,--
20 --
15 -
10-
o
Fires> 5K Fires < 5K
Auto
B ru s h
Haz Mat
. 2001
. 2000
.
Year to Fires > $5,000 Fires < $5,000 Auto Fires Brush Fires Haz Mat
Date Incidents
2001
2000
4
4
9
21
6
3
1
5
6
9
I
93
Fire & Life Safety Insp
350
300~
250 --------;
I
200 __uu_j
150------1
I
i
100 -'I
50. I
I
0------
Inspections Reinspections
[J 2001 II 2000
Inspections Reinspections
2001 YTD 335 164
2000 YTD 309 274
300
250
200
150
100
50
o
Medic I Transports
-------~-~-~
I
ALS BLS
2001 III 2000
Advanced Life Support (ALS) &
Basic Life Support (BLS)
Fire Dept. 2001 2000 %
ALS-YTD 261 227 131
BLS-YTD 33 32 3 1
-94
Prevention Activities YTD
50
I
I
I
I f---.
I ---
I I
111II:=
40
~---- ..----- -.--..--.
i
30
20
r-II
I
2001
2000
10
o
o Permit Inspections
. Plan Reviews
. Public Education Contacts
Permit Plan Public Ed
Inspections Reviews Contacts
2001 14 14 18
2000 50 9 10
Patients Assisted
600
500
400
300
200
100
o
Fire Dept. Olympic Ambulance
[] 2001 II 2000
Patients Assisted
Fire Dept. 2001 2000 %
YTD 595 552 7.2 1
.
.
.
.
):~i~ij~Wy%',~'i:.~.i
'I:; ..
FIR E
PREVENTION
ACTIVITIES
March
2001
This Year to Last Year Last Year
Month Date This Month Year to Date
Fire & Life Safety Inspection 129 335 48 309
Fire & Life Safety Reinspection 58 164 81 274
Code Violations Found 140 499 90 460
Code Violations Corrected . 78 246 115 415
Building Survey 0 0 0 0
Complaints Investigated 2 3- 4 22
Fire Drills Supervised 0 0 0 0
Lectures, Classes, Demonstrations, Station 6 12 4 10
Tours
Fires Investigated 1 6 2 6
Fire Alarm Test 14 32 11 35
Sprinkler System Test 8 15 17 55
Hydrants 4 4 0 2
Permit Inspection 4 14 8 50
Juvenile Fire Setters Counseled 1 3 0 2
Plan Checks:
1. Commercial 0 3 1 3
2. Multi-family 0 1 0 0
... Sprinkler System 1 2 3 3
-'.
4. Fire Alarm 1 2 0 3
FP - 32
Revised 10/4/95
95
Medic I Statistics
March, 2001
.
ALS BLS PRIVATE NO
TRANSPORT
PAFD OLY PAFD OLY
Cardiac Arrest 1 0 0 0 0 2
Cardiac, Other 21 0 0 0 0 0
Major/Minor Medical 50 2 9 22 6 18
Motor Vehicle Accident 2 0 1 8 3 12
Drug/Alcohol 6 0 3 0 2 2
Accident, Other 7 0 7 9- 5 24
False Call 0 0 0 0 0 8
Total 87 2 20 39 16 66
* Note:
PAFD -- Port Angeles Fire Department
OL Y -- Olympic Ambulance
Private -- Private auto, taxi, funeral home, etc.
No Transport -- patient refused or required no transport
.
Total Medic I Patients Assisted
This Month Year to Date This Month Last Last Year to Date
Year
230 595 170 552
Medic II Statistics
Citizens trained in CPR and airway management
This Month Year to date This Month Last Last Year to Date
Year
17 71 21 108
.
96
I
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.
.
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97
.
A6 FRIDAY, MARCH 30, 2001
PeninsulaNorthwest
DAR AWARD
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The Rev. David Moffitt receives a Daughter.softheAmeric(J,nll~1!ollttj,q#l~lJ~~i?t~~ijg7!J;)P:i
Pearl Ann Kulczyuski, center, asorpanizatio1JflegentC(J,thr:y1JiI3lfers:l?ok$\QJJ{~ltriit.~f1t ."
ceremony for Moffitt on. Wednes. da. yin.Po.. rtA. . ng.. el.e..s.. ......M..... offi.tt. .". P....as.... t.o.. r....... o.........f. .:...f.h........ e.F........:...L....l1......s......t....................G................h..........r............t.....~t.m................
Angeles, was honored for his work. intheItJrtAJtgel#s~ire 1Jep(J,~tm.~1'!~!~.~ffiifflij.;pljji~~
provides support and assistance to the families offire andaccident?l)ictim~l/)/' .... .
.
98
I
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;"<':J,r011~4?~1i7~~qir(~~~~jfr{-:~:-:'r~::~~~(f.~t:.t>1\;~~~~T~;ti:\;i"
THE CITY OF
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.
PORT ANGELES POLICE
DEPARTMENT
MISSION STATEMENT
In partnership with our community, the Port
Angeles Police IDepartment recognizes its mission to
serve in acom.passionate, courteous, and.
professional manner, to promote freedom and. peace of .
mind, pride in ourneighhorhood.s, and the safety of our
families.
Inside this issue:
I
I
I
2\
4
5
8
Chiefs Message
Organizational Chart
I Operations Division Inside Story
Detectives
Records
1 Pen Com
i
I Canine Unit/School Resource Officers
I Animal Control/Senior Volunteers
I Crime Prevention I DARE.
I
I Low Enforcement Advisory Board
I Statistical Data
.
101
IIi
/3
/4
15\
161
I
.17!
.
100
.
{"Ille{\' j~Jes."'aOt'
._.........._u!--___.___\:J__._.....___.__....~_~_.___,_.~_.._____~_. ~-.~-~_.-.-.._-,.~--'.--._-_..---.---.-.......~--..-.-.---..-.----....~._.--_.--
I am pleased to pre-
sent the Port Ange-
les Police Depart-
ment's Annual Re-
port for the year
2000. This report
?~ outlines just a few
~, of the department's
important accom-
plishments and pro-
grams dming the
year. We hope you
fmd the report informative and helpful in
Wlderstanding some ofthe roles and respon-
sibilities we have in working in partnership
with the community we so gratefully serve.
.
This year we saw big changes for the Port
Angeles Police Department. On May 31,
2000, after 27 years of service with the Port
Angeles Police Department, Stephen A Ilk
retired from his position as police chief.
Steve started with the department in 1973
and worked his way up through the ranks.
He served as police chief from March 1992
until his retirement.
Globalization, technology, increased in-
volvement with citizens, and the change to a
service based economy are trends that will
continue to impact the way the Port Angeles
Police Department does business.
.
Since this in my first annual message of,
hopefully, several more to come, I thought
it appropriate to make some mention of the
things 1 believe in and the vision I hope to
help achieve for the Port Angeles Police
Department in the years ahead. Above al~ it
is my firm belief that, as a chief. I work for
the citizens of Port Angeles, and the em-
ployees of the Port Angeles Police Depart-
ment. My job is to be a good listener and
communicator, and to work. hard to obtain
the resomces and support that the hard
working men and women of this department
need to continue delivering effective, effi-
cient, top quality services.
The world we live in is rapidly changing
and becoming more complex and compli-
cated. What happens on the other side of the
world is instantly .communicated to us on
this side of the world. Like the global soci-
ety that we now live in, the law enforce-
ment/policing world is becoming more
complex, complicated, high tech and global
in nature. Technology will increasingly
playa bigger part in the way the Port Ange-
les Police Department does business. Many
scientific advances are just aroWld the cor-
ner that will greatly impact the way crimi-
The Administrative Staff
From left to right: deputy chief Terry Gallagher.
administrative assistant Karen Haugstad. communica-
tions manager Naomi Wu, and Chief Tom Riepe.
101
naIs are apprehended and detected, how
communications officers and field officers
communicate and how the entire commu-
nity and various criminal justice entities
work together . Yet, people are still people,
and officers will always need to be mentally
and physically prepared to riSk their lives in
defense of the citizens they serve.
There is no question that the future of the
Port Angeles Police Department will be of a
very modem and professional department.
The employees will work as a team in close
partnership with the community, and they
will take pride in serving the community.
In conclusion, I would ..like to take this op-
portunity to thank, on behalf of all of the
employees of the police department, the
citizens of Port Angeles for their continued
support and assistance .iri h~lping us make
the city of Port Angeles a wonderful place
to live.
Chief Tom Riepe
--" --,_..-._....--~-_.~-_._.-.---_.--------_.._--_._.~._--..------.-------.----.---
102
.
.
.
.
.
.
()R(;A~ IZ,yrl()}\AL ("~i!AR'I'
.w___. '_.__v.~.'_, _,._._.______~__"____.....__~______._____._.w____,._,.__..~__--------......---.--.-~--~--~---.-.....-.-~--.---- -..---
Police
Administration
I I
Support Citizen Law
Operations Services Enforcement
Advisory
Patrol I Board
I 1
Detectives
Records Commnnications
Drug Task Force
Detective Department 911 Services
Records .;
School Resource Law
Officer/ Property/Evidence Enforcement
D.A.R.E. Management Dispatch
Animal Control Permits Fire/EMS
Support Officer Dispatch
Public Information
Senior Volunteers
Parking
Enforcement
103
.
()nt."ra t ions Diyj~jon
._--S-. _ _ _ _.
Prep8.-ed by DePUiY- ChfefT;,.y Galiaiher -------------------------------------.------------
The year 2000 began with the
Operations division of the p0-
lice department gearing up for
the disasters predicted to ac-
company the arrival of the new
millennium. No disasters oc-
curred, however, and the rela-
tive quiet observed during the
early days of the new year con-
tinued, for the most part, throughout the remain-
der of the year. The quiet was primarily external
to the department, however, as internally,major
changes were in the works.
Steve Ilk retired and Tom Riepe was elevated to
the position of chief of police after.several years
service as the deputy chief. Terry Gallagher was
promoted from detective sergeant to deputy
chief; Sergeant Erick Zappey assumed com-
mand of the Detective division; Eric Kovatch
moved from corporal to sergearit; and Jack
Lowell, Tyler Peninger, Steve Coyle, and Ed
Schilke were all promoted to corporal. Change
is sometimes difficult but the department well
managed the transition and enjoyed yet another
very successful year in service to the commu-
nity.
TrainilU!:
Perhaps Aristotle best explained the need for
constant training on the part of the police when
he said "Excellence is not a singular act, but a
habit." The officers of the police department
achieve excellence through constant training
and continue to meet the accreditation require-
ment of a minimum of thirty hours of annual
training per officer. In fact, most of our officers
receive more than double the minimum require-
ment which benefrts the community in terms of
continually improving police service delivery
and reduced liability. Officers attended training
this year on fIrearms, defensive tactics, criminal
interviews, crime scene investigation, homicide
and child abuse investigation, and a host of
other topics.
The department took a serious look this year at
the many products that are on the market that
are designed to allow for the apprehension of a
suspect with a reduced risk of injury to either_
the suspect or the officers. Fewer injuries mean
safer jobs for officers and reduced liability for
law enforcement agencies. After much study by
Firearms Instructor Erick Zappey, the depart-
ment acquired two new Tasers. Sgt. Zappey was
trained in their application and has been certi-
fied to train other officers in the use of the new
device. The development of. such "Iess-than-
lethar' technology is a boon to law enforcement,
giving us the ability to resolve incidents with far
less risk to the subjects involved.
A Taser is a hand-held weapon that looks very
similar to a handgun. Unlike a fIrearm, how-
ever, a Taser will not cause serious injury to a
suspect even though it can incapacitate a person
almost instantly through the_ delivery of an elec-
trical. charge. The Taser fires two probes (up to
21 feet) from a replaceable air cartridge. These
probes are connected to the weapon by high-
voltage insulated. wires. When the probes make
contact with the target, the Taser transmits pow-
erful electrical pulses along the wires and into
the body of the target (through up to two inches
of clothing) causing an uncontrollable contrac-
tion of muscle tissue, allowing the instant de-
bilitation of a target regardless of pain tolerance
or mental focus.
.
The department has also acquired "less-than-
lethal" shotgun rounds and modified four shot-
guns to fIre them. The projectiles, sometimes
referred to as "beanbag rounds, " also allow for
the apprehension of a physically resistive sub-
ject with far less chance of anyone being hurt.
Training in the use of the modified shotguns
will commence next year.
.
..' ---..---.-.-...---..-...-----.------.---..--.-.------.------------.----.---..-...---.-.--.-------
104
;~;'jf;~\:1,!~'i;'s,"ri!i;!f\^;f''f):i ,:"~'.,;!,~ir~",,~~~:;s~:-1tJfi?5':'(~jl:~
.
Technology is proving of great benefit to law
enforcement, making our jobs safer and. inter-
estingly enough, more enjoyable. Electrical de-
vices may soon be available to stop fleeing ve-
hicles rather than just incapacitating people. The
next generation Taser, for example, will trans-
mit energy through a laser, rendering the present
day wires obsolete and extending the range of
the weapon from 21-feet to approximately 310
feet.
Interaeencv SUPpOrt:
The police department has long recognized its
obligation to work with other organizations to
address problems within our community. The
year 2000 was no exception as officers from the
department, in the spirit of community policing,
maintained and improved our efforts directed
toward a more coordinated approach to problem
solving.
.
Besides involvement in such traditional service
organizations as Rotary, Soroptlmist Interna-
tional, and Kiwanis, our officers participate in
the following:
.
. Peninsula Mental Heahh staff meetings
where solutions are sought to the many
problems confronting the mentally ill in our
community;
. DSHS crisis teams that seek solutions to the
problem of child physical and sexual abuse
in Port Angeles;
. Department of Corrections felon monitoring
teams that develop programs specific to an
individual that facilitate the safe transition
of ex-convicts into the community;
. The Boys and Girls Club mentor program
where officers assist youngsters' with such
things as homework or simply spend time
playing games, with club patrons;
. The Teen Scene, a YMCA managed club
for disaffected teens, that allows officers to
associate with young people on a more con-
structive basis than the traditional law en-
forcement role has allowed;
.._."~,_._-~_._..__._---_._-_._._-------_.
. The department has officers attending meet-
ings with other emergency service providers
to conduct a threat assessment and establish
response procedures to any terrorist threat
or natural disaster such as a tsunami.
. The department participated in Blue Sky
2000, a disaster drill held periodically at the
airport to prepare for an airplane crash that
will, however unfortunately, inevitably oc-
cur.
We also have officers who donate their off-duty
time to their churches, who participate in men-
tor programs through the middle-schools, coach
baseball and other youth sports, and a host of
other activities that keep us involved in and an
asset to our community.
Technolo2V:
The police department is constantly in search of
grant money through a variety of sources to im-
prove our ability to serve the community and
offset budget shortfalls. This year was no differ-
ent as money was received for ballistic vests,
portable breath testers, firearms, training materi-
als; and, mOst significantly, video cameras for
three patrol vehicles.
The video cameras were donated to the depart-
ment by an individual disheartened by the tragic
shooting ofClallam County deputy Wally Davis
in August. Three cameras were obtained and are
now mounted in specific patrol cars, one on
each shift. The cameras allow for the recording
of such things as traffic violations, D.U.l. ar-
rests, field sobriety tests, and the like. Addition-
ally they can be removed to record other events,
such as the documentation of a crime scene. The
officers whose vehicles are equipped with the
cameras wear microphones so that any sound or
conversation can also be recorded. This allows
for the preservation of the best possible evi-
dence and should be of real benefit in any court
proceeding. Furthermore, the cameras create a
record of just how professionally our officers
conduct themselves, making complaints less
105
likely or more readily resolved, reducing our
liability exposure.
Crime:
Crime is down all over the country and Port An-
geles is no exception. 2000 was a relatively
quiet year with only a few crimes of any real
significance:
. Kids with guns,' always a concern, was
again a problem in 2000. Two teen males
were apprehended at Slh and Lincoln in pos-
session of handguns stolen in a residential
burglary .
. Two brothers, ages 14 & 17, were arrested
after committing ten residential burglaries,
four of which occurred in the city.
. In July, a I9-year old female was shot mul-
tiple times by her boyfriend. His explana-
tion was that he thought she was an
"intruder."
. Exploitation or abuse of the elderly became
the topic of concern in several separate re-
ports.
. Routine pawn shop monitoring resulted in
the prosecution of a number of felons who
had pawned frreanns. Felons are prohibited
by law from possessing frrearms.
. Routine monitoring of our community's
registered sex offenders caused several to
be charged with crimes related to their fail-
ure to reside at their registration address, a
felony.
UP and Comine::
In preparing to better meet the needs of our
community in the future the police department
has several projects underway.
. The department's Field Training Officer
program has been revamped with the ap-
pointment and training of three new training
officers and the appointment of Sgt. Eric
Kovatch as the new FTO director. The FTO
program is the twelve week program all
new officers are required to complete after
106
.
graduation from the state police academy.
Changing times mandated that the 'policy
manual governing the program be rewritten
to conform with current legal and State
mandated requirements.
. Our policy and procedure manual that gov-
erns the day-t<rday operation of the police
department is also undergoing a major re-
write to better conform to current law and
accreditation standards. The project is ex-
pected to take several months.
. Officer Kevin Miller ,is preparing to host the
Washington State Police Canine Associa-
tion 2001 seminar in Port Angeles in the
fall. Over 160 officers and their canines
from several states and Canada are expected
to attend.
. Sgt. Steve McLane will be retiring in March
of 2001 after many years of service to the
community. His retirement will clear the
way for Corporal Steve Coyle's promotion
to sergeant.
. Sergeant Coyle's promotion vacates a cor-
poralposition that will have to be filled. Six
officers have applied to take the corporal
promotional exam on April 2nd.
.
With new management, motivated employees,
and an involved community the Port Angeles
Police Department is working hard to meet its
responsibilities to the community, both now and
in the future. We have enjoyed a quietly suc-
cessful year. Continued success can be ex-
pected.
Ii.},:c;. .
: Gale Turton retires as a patrol sergeant
.
"';r:~"~! ~~"'{'~'f'.";'" ..
." '-"i' >:C.'
""-'~::'~":'~1! :.';'~ ~~.::f!j<1::'_~:'n'"::
.
DrH~('tiYe Division
-'.-'--- .
Prepared by Detective Erick Zappey
.
The Detective division is
tespopsible for investigations
,that require a high degree of
technical knowledge, or are
too time consuming for pa-
trol officers to complete. It is
staffed by a detective ser-
geant, detective corporal and
three detectives.
During the year 2000, P APD, working in
conjunction with the Clallam County Prosecu-
tor's office, achieved felony convictions on 50
separate cases. Sixteen of those convictions
were for felony violations of the controlled sub-
stance act and a total of 12 years of prison or
county jail time was meted out. Additionally,
the court imposed a total of $32,643 in fmes,
fees, and forfeitures in these drug cases. Of the
16 cases, one female adult had her charges dis-
missed after having graduated fropt the newly
developed Drug Court. The largest drug related
sentence waS handed down on a case involving
three counts of delivery at the high school. The
perpetrator received a prison term of 22 months.
Nine felony convictions were obtained
against persons forging and/or passing bad
checks. The nine offenders shared 795 days of
incarceration with the longest sentence, 16
months, being handed to a thief who was found
guilty of three counts of forgery. The court or-
dered fines, fees, and forfeitures in the sum of
$14,442.
Eight cases of felony level thefts and/or p0s-
sessing stolen property resulted in convictions
totaling 1,921 days of confinement. One mis-
creant found guilty for 1st degree theft, forgery,
andi possession of narcotics was sentenced to a
whopping 53 months in prison. Cases dealing
in theft or the possession of the stolen items net-
ted fines, fees, and forfeitures of$2,035.
Five individuals were found guilty of child
molestation or child rape charges in 2000. The
worst offender received a prison sentence of 68
months, the other four shared the 2,530 days
.
....--..-'-'"---.-,.-.--..---.--.
and fines, fees, and forfeitures for these five to-
taled $3,680.
Currently, Clallam County has 130 regis-
tered sex offenders living within its borders. Of
those, 42 live within the city limits of Port An-
geles and their movements are regularly moni-
tored by the police department. Three of these
offenders were charged with and convicted of
failing to register their whereabouts as required.
The two adults that were found. guilty spent a
total of 387 days in confinement and were or-
dered to pay $1,420 in fines, fees, and forfei-
tures.
Four oth~ were convicted of felony level
assaults and received a combined total of 954
days in jail. One. of those used a deadly weapon
and was sentenced to 28 months in state prison.
Fines, fees, and forfeitures by this group totaled
$2,030.
The last three convictions fell into their own
categories. There was a single conviction for a
felon in possession of a firearm. He was sen-
tenced to 120 days in jail and fmes, fees, and
forfeitures of $91 O.
One suspect was convicted for felony pos-
session of explosives. and given a 10-day jail
sentence with $610 in total obligations. .
Finally, one last felony conviction resulted
from a suspect's refusal to follow the directions
of the' Superior Court and resulted in a convic-
tion for contempt, netting the perpetrator a 150
da;J.aHsentence ~~,~~~~,.~ ~m~." '.
Detective Unit
Front TOW: Corporal Jack Lowell, Sergeant Erick Zappey. Detective
Jesse Winfield, School Resource Officer Bruce Knight
Back TOW: Detective Mike Silva, Detective Mike Hall, DARE Officer.
Glen Roggenbuck.
107
e';:~';';fj;;~.~W~100.i..F.{@;~
.
;.-.1_.....~.."",...~....._~:~~-:-'~~""""'--::---~
',' _. _,....: '_,_ ....;. ,':',";._._-'_,-.-:_ ::-, :.._..;..'cc....-....-......,.'.'..".:,.'..--.'.
, ' ,.:_ .......' - _',-c. -:. '.. _ - - ," .....' ,_::.'___,' c, .. :/', .,'.' ,- .' :....-....-c."._ -.:; .'-.-: ~ -,", .
L~-~.:-.-._-~-~->~~. -.." ::::~--2I~~~L.LifL~--;-/-::::~\~~l~j '-.-:~ :.~"
_~: au~hl in the J\ct
.' ........?::'>~-'?'. '-":;:?>:~::_:::: '",
Port Angeles Mayor' LmTy Doyle pre-
sents Corporal Tyler Peninger with
the DistiQ.guished Service Medal for
his excellent performance as a School
Resource Officer.
Officer Allen ~~ with candy to be
delivered by patrol officers to the trick or
treaters on Halloween.
108
.....-:....-,:.._,..,.-._:_...,-._,---.,....,-,_.,.-'.,-;".-,
......,.-..,. -', .. .-, .
...~---_...---_.-'-.
-----------....-.--
Officer Glen Roggenbuck,omCei- I>u8ne Benedict
and Corporal Steve Coyle receiving the Medal of
Valor ftom Mayor Larry DOyle and Chief Tom
Riepe.
.
-Officers at the shoOting range-
From left to right: Corporal'Periinger, Corpotal Steve
Coyle, Detective Mike Silva and Officer Glenn
Wood.
~--_.__.-.---_._~----------------_.'._'_._.'--'---_._------'
.
"t"'>I'':":'ftft'J',>i,1
-~r';),:J:11:IHt(lj"
.
.!~ ~~_ {} ~.~t~J! i '.:.i s ~(~J!}Y_Q.Q){ (' p.\) r!_._______ ______.__.______________________.. --- ---------- -.-
Prepared by Records Supervisor Liz Zenonian
The majority of the statisti:-
cat data documented in the
monthly and year-end re-
ports are compiled by the
Port Angeles Police. De-
partment Records Division.
In addition to providing
statistical information to
the city. the state of Wash-
ington and the FBI we also provide "numbers"
to state agencies for grant proposals. accident
prevention and crime studies.
.
Property/evidence management is a full._ time
position to which Records Specialist Linda Rei-
del is assigned. Linda continues to update the
property room storage areas making better use
of the shelves and cabinets by the installation
(by Linda) of additional fIles and compartments.
Our police department silent auction was held
on October 31, 2000. The unclaiIned property
was displayed on tables and sqld to successful
bidders during the four hour auction. The sen-
ior volunteers were responsible for table set up,
item display, security and clean up. As always
they did a very difficult task efficiently and with
positive attitudes.
Parking Enforcement Officer Sandra Strafford
braved the weather and the downtown sidewalk
improvements to issue a total of 2.586 parking
infractions for a total revenue of $27.037.00.
30+ year veteran Ruth (Bemis)
Goodrich left the department
this year to get married! Vicki
Morgan was chosen as her re-
placement. Vicki was the
- WarrantslDV Clerk for 16
months prior to advancing to
the Records Division.
.
Records duties include (but are not limited to),
processing and doing the data entry on all crime
reports. infractions, criminal citations, parking
infractions. dissemination of criminal history,
fingerprint submittals to the State. and FBI of all
incarcerated subjects. and disposition - entries. In
the year 2000 Records division staff issued:
114 Concealed pistol permits (new.3lld
renewals)
24 Taxi licenses
21 Bike licenses
In addition:
259 Pistol transfers were processed.
178 Interviewtapes were transcribed
2,356 InfractioDS were entered, of which 979
were for speeding.
4.204 Crime Reports processed
270 Applicant fingerprints were rolled for a
total revenue of $2.720.00
The Records division is proud of its flexible
and dedicated staff.
Records Division
From left to right:Record Specialist Linda
Reidd, Record Specialist Lena Wasbke,
Record Specialist Vicki Morgan, Record Super-
visor LizZenonian
....-. ~~_...._~_. ----~....----_._--------_.__.-_.~._-- --'_._~~--------_.-----
109
.
Pt'n('om
_______,_~.....__.~__....~~_____...~_.. __~__~__,_.~__. ...._.__._._-__'.._..__.._.._.___h ..__~.~.__._.__._._.__._
Prepared by Communications Manager
Naomi Wu
This report is divided into
four categories that reflect
the activities of the Division
and various impacts influ-
encing its performance dur-
ing the past year. They are:
1) Projects which includes
all programs, exercises, and
ventures of limited dmation; 2) Significant
Events which are events beyond those nor-
mally planned (i.e. Sequim Irrigation Festi-
va~ Arts in Action) that impacted the opera-
tion; 3) Personnel which is a synopsis of
personnel changes during the year; and 4)
Statistics which provides a measurable
snapshot of the Division~s performance.
PROJECTS:
Computer Aided Dispatch SoftWare. The
year began with the continuation of the
computer aided dispatch project. One full
year of using the computer aided dispatch
(CAD) system has been completed. An in-
terface with the enhanced 9-1-1 system was
added. It downloads caller information
from 9-1-1 to CAD thus eliminating dupli-
cation and possible errors. Work to add
other interfaces continues.
EMD Re-Certification. In July, all commu-
nications officers and supervisors were re-
certified in emergency medical dispatch
(EMD) for a three year period.
Telecommunicator I (ICl) and Telecommu-
nicator II (IC2) Certification. All person-
nel are certified at the TC 1 and TC2 levels.
Te 1 is a forty hour class for call takers.
_.._".~---~-_._._-,-_._----_.>_..----_..._--,---_._.------.--------
110
TC2 is a 40 hour class for the dispatcher
level. All communications officers and su-
pervisors challenged both courses with
1000/0 passing the first attempt. This certifi-
cation was obtained through the Washing-
ton State Criminal Justice Training Com-
mission.
SIGNIFICANT EVENTS:
Airport Accident Exercise. PenCom per-
sonnel were very involved in a full scale ex-
ercise at William Fairchild International
Airport on June 8, 2000.. Staff assisted in
planning for several months, participated as
actors and were instrumental in sending res-
cuers to the simulated event.
Deputy Wallace Davis Shoot-
ing. PenCom was presented
with a unit citation in recog-
nition of the service given to
the Clallam County Sheriff's
Department during and after
the shooting death of Deputy
Wally Davis. Communica-
tions Supervisor Steve
Romberg and Communica-
tions Officers Debbie
Homan and Tony Rife re...:
ceived individual citations
for their meritorious ac-
tions.
.
PERSONNEL:
Tonya Ahsoak-Stephens
was hired as a communica-
_ tions officer on February
21 ~ and Mary Rife joined
PenCom in the same capac-
.
.
.
.
ity on April 24, 2000. Both
successfully completed four
months of intensive training.
Michael O~Connor was
promoted to, communica-
tions supervisor on FebrU-
ary 15th.
Jodi Simmons was hired on
November 5th to replace),
Vicki Morgan as the war-<"
rant entry clerk. She too,
successfully passed one,}>
month of training.
, At the end of December
,
Communications Officer
Debbie Homan began mm-
ily leave in anticipation of
the birth of her first child.
STATISTICS:
Telephones:
9-1-1 calls: 26,6731
At the end of 1999, the hardware which
counted adlninistrative line calls was dis-
connected due to interference with 9-1-1
calls and incompatibility with the Cityl
County telephone switch.
Calls for Service:
Law Enforcement:
Fire
Medical
Total Calls for Service:
39,330
1,977
5.223
46,530
~------ ---- ------------------~-~--------
Training:
Supervision
Communications Officers
Total Training Hours
386.5
1174.5
1561.0
Tape Preparation:
149 hours, 32 minutes spent preparing 275
~pes fo~ court, public discloSure requests,
telephomc warrants and various' other
needs. This equates to nearly \19 eight hour
shifts spent making tapes. This does not in-
clude preparing letters with a synopsis of
the taped conversation or court time testify-
ing to the authenticity of the tape. In late
1999, we began submitting a sworn state-
ment of affidavit to the courts in lieu of an
actual court appearance. This has greatly
reduced time spent in court for our staff.
1. A trend we are seeing after gathering
two full years of statistics is a decrease
in wireline 9-1-1 calls and a steady in-
crease in the number of wireless 9-1-1
calls~ Wireless 9-1-1 calls take more
time for the dispatcher to process as
number and location information are not
currently passed along as they are with
wire line calls. In 1998, there were
22,284 wireline calls and 4,184 wireless
calls. In 1999 the numbers were 21,099
and 5,604 respectively.
Communicatioos Console manned by
Comm\Dlicatioos Officer Todd VanSickle
111
f-.,.-,q P1TI~ranl SCllt)('lL
r-.----~"-.---~--~.-----.. .---.,,-~<--.,.-.---,.-..'----l--.r"-
., The police department
_,': has one police service
if:/ dog cmrently assigned
;';,:F.
to the patrol division.
Police dog "Area" is .
assigned to work with \
Officer Kevin Miller I
as a patrol dog. Arco I
uses his keen sense of I
smell to track fleeing ,
suspects and conduct I
searches for the presence of narcotics. -
During the year 2000 Officer Miller was
temporarily assigned as the D.A.R.E. offi-
cer/school resource officer. This took him
away from his normal police duties, but
did provide him with the opportunity to
conduct K-9 narcotic searches of school
locker in the middle schools on several oc-
casions. On a good note, the searches I
failed to locate any narcotics. Officer!
Miller was also able to take advantage of I
. 1
the opportunIty to conduct K-9 demonstra-
tions for the schools and service clubs dur-
ing the day.
-~
~)
~
i
1
\
~--'---"-'---------- -~'-----'-" .--1.-----.--~-..~---;:
; K-9 Statistics ; 2000 I
:---------r;~DS~tion;------I--31--1
:---------,---------------------+--------j
. Tracks 1 10 i
;-.---...-.1-...-.--..--~-.----_.,--~--.----r~-'-~-.-.---~
- Building Searches j 16 ;
i i
-'--' - ._-_.._-------_._~-_._...~._-_.....--_._--------I
, :!
I
i
!
; f
..~ -0 - -.~-_..--.- ..-..--.-------.~--.-.~.. ...,---...r-.....--.~-. .-------....-.-1
Narcotic Searches 64 1
.----.N-;:~~;ic Finm/Arrests 33 ------1
;~,-.~.----.--~--.-----.-..-~#~--.-----.-i
,
!
Captnresl Arrests
4
112
.
F{~r~S()t . 1\ (_'f: l-')l:r'l('.r~r;~
Officer Bruce Knight took
over the duties as the school
resource officer. He is re-
sponsible for law enforce-
ment support: and criminal
investigations at Port Ange-
les High School, Choice AI-
School and Steven's Middle
I .
1 ternatlve
I
I SchooL
!
! During the school year the school resource
lofficer is one of the busiest officers in the
I department: In addition, this school year in
\ particular has seen increased efforts to en-
I force juvenile tobacco laws. Students
lcaught in violation of the tobacco laws
I have a choice of attending 2 four hour to-
I
I bacco informational classes or paying a
I monetary penahy.
i
i '
I The school resource officer has taken an !
I active role in dispute resolution between l
i students. A student angry with another I
I student is assisted with mediation and nu- !
i merous fights and assauhs have been
I avoided.
! Several students have been arrested for
I harassment this year for threatening stu-
(dents and staff. A case involving an
I anonymous internet threat to fifteen stu-
I dents was cleared by arrest.
!
i Arrests made by the SRO for the first four
\ months of the school year are listed below:
I
t
.
j-
i
i-
,
i
1-
2 Arrested for weapons violations
I Arrested for theft
27 Infractions for tobacco violations
! Continued on page J 5
!
.
':~." f::~~'U~~o/I~';'''_i''''X;'::'''i\'~ '-:i;>~;~:';:i::':]:0 "'{
.
c----~~=..-.. ......-:-.=~. ....---.-....r".ii-i:.~---~--;0i.~.-~:'E.,-i-~--c ,'.-.~iU3.i..:,.{tS.~.[i.~L;-"-i_]
_.:.::\nimal (\)!Hr~)i S~:l1iorVt)JuntcC'rs
__.______.__4___..._._____.4..._____.__V___..___________-...-
Animal Control Officer
Mike McCawley is one of
the busiest employees of
the police department.
The department received
over 2000 animal com-
plaints during the year.
Mike is responsible for handling a wide
variety of complaints involving domestic
and non-domesticated animals including
barking dogs, trapped cats, a seagull with
a broken wing, and vicious animals.
.
The dangers of Mike's job were very ap-
parent this year when Mike was attacked
by a vicious dog. This injury kept Mike
from working for six months. Mike was
missed during his absence. Senior volun-
teers and patrol officers had to handle
animal complaints until Mike could re-
turn to work.
Continued page 16
Once again we offer our
.J012..-- thanks to the police depart-
. roent's 13 senior volunteers
for providing 1422 hours of
service to the city of Port
Angeles and its citizens.
They have volunteered their
time working at a wide vari-
I ety of duties to include:
. Arts in Action
. The Big Hurt
. The Clallam County Fair
. City Pier Concerts
. Various Downtown foot patrols
. Traffic Details
. Vacation Home Checks
. Crime Prevention Functions
. Other Details
. Sex Offender Notifications
In addition to the aforementioned duties
the volunteers are most recognizable
when they are standing next to the Speed
Watch trailer and monitoring the speed of
Continued page 15
~ J'
Ie t I
r I I
- I. I ; J ri'~
..-;~,
II ii~
, . POLICE
~ SPEED WATCH
Our Senior Volunteer Unit
From Left to Right: Charles Devoney, Bill Foley, Gary Marler, Gwen Porterfield, Lee Porterfield,
John Reed, Leona McAllister, Leland Lee, Louis Lawson and Ray Wilson
.
.._.._. .~_~. _. ..~_.......___..~, _._. ______.__..~_..__.__. .._____..____....,__.v_..._~...,.__..__._'.._._..__.__._ __ _.._.__.._~.._.__ _."_'_.'_
113
r-----' .> - ~-\
; _' . .' . . - 1
y--------...-.----- --- ---------.. -----. ..-....-- ~....._-----------.- ~~ '..- --"-'" . ~--~ ~ .,- - -~
.
t,' F,) j\! E PR E V F NT I n \:
In February Detective
Corporal Jack Lowell
took over the Crime Pre-
vention, Program, Block
Watch ProgniID, PATH
Grant and North Olympic
Crime Stoppers Program
when Detective Ed Schilke was promoted
to corporal and transferred to patrol.
CRIME PREVENTION
The Crime Prevention pro-.
gram involves educating the citizens on
methods to prevent crime, providing traf-
fic safety education, trulnaging the busi-
ness fax alert system and a variety of
grants.
These programs utilize senior volunteers,
officers and other personnel to meet the
needs of the community. We provide in-
struction in the areas of telephone fraud,
personal safety, shoplifting prevention,
home and business security. We also par-
ticipate in the Kiwanis Safety Fair, Na-
tional Night Out and Safe Kids Coalition.
BLOCK WATCH PROGRAM
The Block Watch program involves the
empowering citizens to be watchful over
their neighbors and report suspicious ac-
tivities to the police department. There
are approximately fifteen Block Watch
areas in the city.
FAX\E-MAIL ALERT PROGRAM
This program utilizes a donated fax ma-
chine or e-mail to notify area businesses
Continued on page /6
114
r~} ./\. I~. F~.
Officer Glen Roggenbuck
is c1IITtfutly assigned as
the D.AR.E. officer. The
acronym D.A.R.E. stands
for Drug Abuse Resistance
-Education. He is responsi-
ble for educating 250 5th
grade students in the seventeen week core
curriculum over the course of the year.
Officer Roggenbuck also makes visita-
tions to approximately 1000 K-4th grade
students and teaches a ten-week D.AR.E.
curriculum to the Stevens Middle School
7th grade. D.AR.E. teaches kids about
responsibility, consequences and about
making the right choices. In addition to
his duties, Officer Roggenbuck serves as
a role model and contact person for the
students.
.
~
~
Continued from School Resource Officer page /3
. 17 Traffic violations
. 6 Arrests for drug violations
. 2 Arrests for haraSsment violations
. 2 Warrant arrests
. 5 Arrests for alcohol violations
. 3 Arrests for assauhs
. 38 Harassment warnings given
. 14 Mediations
Senior Volunteer continued from page 14
throughout the city. They also provided
staff to assist in the police Records divi-
sion, the city attorney's office, and district
court. Residents who go. on vacation can
have their homes checked by the volun-
teers while they're out of town .
.
"J,+,\!:)(?1"!l!1,j'~'\i".Ii:',~:{;'~:~fl%~~\';
'C_ ,-) :,1;'if<*,'!'!~n,'{,k'}~;::'i
.....~
- .' , .
,---.;>--'.':';; ,,-.;,
"",' ,.:.,.':-.'.C": . :. .'.'
.......... ..,-
~ .' . .
!":"'...::c.._.., ..:;...L.iL...> .' ..." ::.." ':.;Z~:;2;'LX~Lil...~it: . .
.
],;]\\, r:nf()r~'('mt'111 /\dvis~!i'\' Ekard
.
A nine member Law Enforcement Advisory
Board was established in 1993. Its purpose is to
advise and make recommendations to the City
Council, City Manager and the Chief of Police
concerning the provision of police protection
and services within the City; to enhance police-
community relations; to review and make rec-
ommendations concerning police department
policies, procedures, and programs, in accor-
dance with the Washington Association of Sher-
iffs and Police Chiefs standards for accredita-
tion; to promote public awareness of the City's
police services and programs; to hold public
meetings from time to time to solicit public in-
put regarding police services and programs; to
serve as a liaison between the police department
and the community; to apprise the City Council,
City Manager and Chief of Police of the com-
munity's need for police services; and to review
and make recommendations regarding legisla-
tive changes affecting police services in Port
Angeles.
Rod Anderson Leonard Beil Dave Brewer
..
\ . .1j
~~
Jim Jones Leland Lee Lynda Minor
".'.'.1"'....;;....".,
".' ".....'.............. .'............................'......
~;~:{r":~:!
~>:. :".:f ~
.,,'r ':,.>..0-.
- . .
.-' .,,'--.
....-., '-'.
~
"l~'~:
.~~:.;.j~,.
...
.
Chuck Lisk
Frank Prince Dennis Wilcox
i i
--_.._._~
i Fax continuedfrom page 15 i
lof crime information determined to be import I
I to them. Most of the time, this system is used to j
I notify businesses owners of bad check informa-;
I . I
luon. !
I PATH GRANT
I
. .
i .!
I This Juvenile Justice Grant funds the YMCA!
jefforts to sponsor the Port Angeles Teen Scene.i
! It is due to expire in July of 2001. ;
I i
I I
I CRIME STOPPERS: i
j ,
I !
i The Crime Stoppers program profiles unsolved I
I crimes in the local media and offers rewards for j
I anonymous information that leads to the arrest!
! and filing of felony charges. The Crime Stop-!
I pers program, which started in 1997, has pro- i
I filed approximately ninety crimes, which bas I
i led to the arrest of thirty felons and the solving i
I of thirty five felony crimes. i
I .
lContinued ftvm Animal Controlpag.; 14 I
~!\;r~~tj~iJ;~~ti~~;:,~;!~;~~~~{tI;:~1~:~':;ii '.
'.' n ~",:-..- -'-' '. ~
r'C'"
I Incident 1998
,..-... .--'-" ........... . ......, ." ...
! Animal - Abused. 75
t ........... ..............-... ..- ........... .
I Animal - Dead 108
r ..... ......0. ....' -- ... . ,
i ~~~~~ =.~~':u.'~ . 70
i ADima~lnjuredl . 95
I~^"~~~ _119
I Animal - Com- 251
I' ,......~~-~~............ ..'
Animal- Noise 379
l-A~~.:,-~y...,. "621
t . .... h~ ..- ." -. .
i Animal-Vicious
i ...... ......... .. . h. .... ....
I Animal- Other
!
1999
59
96
92
86
144
286
309
671
144
368
2255
151
296
Total
2165
2147
1
2000 i
58 I
110 i
i
.,
81 j
. hUll . \
.-.. .\
85 I
...... I
236 I
I
I
392 I
I
I
630 I
J
,
123 i
1
331 j
i
115
.
Police 0epartr11em Arrests
1200
1000
800
600
400
200
o
htult-
1998
IIIJuvenile CAdUt -I
2000
Higher adult arrest slats are due to an up to date accounting program.
PENCOM Dispatches
for the City of Port Angeles
25000
5000
.
20000
15000
10000
o
YTO 1998
YTO 1999
YTO 2000
Calls for Service
for the City d Port Angeles
.YTD 19Q3 . YTD 1009 DYID 2(XX) .
1...--_____......1
----_.__._-~------~.._..._---
.
116
:i:",\{,'.1f.'~:!;~:;:"!"}i'1-'Yi;,,<;.;l'YF';
"':t;':+~':~"?>;"N,:~:,~;?,,';f:\"":;\'~1<"
.
i
!
.....,j;
911 Calls
for all agencies
26,673
o
5,000
1~ooo 15,000 20,000
.vm1998 .YTD1999 DYTD20001
25,000
30,000
.
Month 1999 Revenue Month 2000 Revenue
Jan 149 $2,040.00 J30 246 $2,225.00
Feb 174 $1,740.00 Feb 292 $2,988.00
Mar 168 $2,305.00 Mar 291 $4,611.00
Apr 116 $3,451.00 Apr 219 $2,530.00
May 238 $2,140.00 May 167 $1,885.00
June 133 $3,776.00 June 147 $1,850.00
July 163 $1,945.00 July 290 $1,525.00
Aug 225 $2,720.00 Aug 259 $2,310.00
Sept 267 $2,950.00 Sept 130 $1,830.00
Oct 143 $2,153.00 Oct 260 $1,820.00
Nov 233 $1,605.00 Nov 201 $1,911.00
Dee 156 $2,555.00 Dee 84 $1,552.00
. Total 2165 $29,380.00 Total 2586 $27,037.00
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