HomeMy WebLinkAboutAgenda Packet 08/21/2012AGENDA
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r `-.d R T �'° S.A. SPECIAL MEETING - 5:15 p.m.
REGULAR MEETING - 6:00 p.m.
1
AGENDA ITEM
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RECOMMENDATION
Note The Mayor may determine the order of business for a particular City Council meeting The agenda should be arranged to best
serve the needs and/or convenience of the Council and the public The items of business for regular Council meetings may include the
following
A. CALL TO ORDER — SPECIAL MEETING AT 5:15 p.m. —for the purpose of an Executive Session under the authority of
RCW 42.30. 110(1)(1) to discuss potential litigation with legal counsel; and RCW 42 30 140(4)(b) for the purpose of planning,
adopting the strategy or position to be taken by the City during the course of collective bargaining
CALL TO ORDER - REGULAR MEETING AT 6:00 p.m.
B. ROLL CALL
PLEDGE OF ALLEGIANCE
CEREMONIAL MATTERS, PROCLAMATIONS &
EMPLOYEE RECOGNITIONS
1. Water Treatment Plant Operator 4 Certification / Ernie Klimek,
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1. Presentation
Water Superintendent — Public Works & Utilities Department
2. Robin Anderson / Port Angeles Fine Arts Center Director
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2. Introduction
. PUBLIC COMMENT
D. ITEMS TO BE PLACED ON THIS OR FUTURE AGENDAS as determined by City Manager or Councilmember
E. CONSENT AGENDA
1. City Council Meeting Minutes for: July 31 and August 7, 2012
E-1
Accept Consent Agenda
2. Expenditure Approval List: 7/28 to 8/10 /12 for $2,103,414.93
E-11
3. Olympic Discovery Trail Restoration Projects
E-39
4. Approval of Electric Utility Easements
E-40
5. Resolution to Set Public Hearing / Street Vacation STV 12-02
E-47
Portion of Lauridsen Blvd / Motor Avenue Alley
6. Clallam County Fire Dist 43 / Purchase Mobile Data Terminal
E-51
7. Agreement with National Park Service to enter COPA Screen
E-83
House and Water Meter Shed
8. Active Directory Domain Services Planning, Design, and
E-89
Deployment / Professional Services Agreement
F. QUASI-JUDICIAL MATTERS — REQUIRING
PUBLIC HEARINGS (6:30 P.M., or soon thereafter)
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G. PUBLIC HEARINGS — OTHER
(6:30 P.M. or soon thereafter)
1. Electric Utility 2012 Resource Plan
G-1
1. Presentation; Close Public Hearing;
Pass Resolution
H. ORDINANCES NOT REQUIRING PUBLIC HEARING
1. Amendment to Section 14.03 PAMC / Exemptions to Building
H-1
1. Presentation; Conduct 1'` Reading;
Permits
Continue to September 4, 2012
NOTE: HEARING DEVICES AVAILABLE FOR THOSE NEEDING ASSISTANCE
MAYOR TO DETERMINE TIME OF BREAK
August 21, 2012 Port Angeles City Council Meeting Page - 1
PUBLIC HEARINGS
Public hearings are set by the City Council in order to meet legal requirements In addition, the City Council may set a public hearing in
order to receive public input prior to making decisions, which impact the citizens Certain matters may be controversial, and the City
Council may choose to seek public opinion through the public hearing process
10
NOTE: HEARING DEVICES AVAILABLE FOR THOSE NEEDING ASSISTANCE •
MAYOR TO DETERMINE TIME OF BREAK
August 21, 2012 Port Angeles City Council Meeting Page - 2
INL og A'
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page
RECOMMENDATION-`
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I. RESOLUTIONS NOT REQUIRING PUBLIC
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HEARINGS
J. OTHER CONSIDERATIONS
1. Bonneville Power Administration Cooperative Agreement 48475
J-1
1. Approve
Modification No. 3
2. Dept. of Ecology FY 2011 Stormwater and Low Impact
J-24
2. Approve
Development Grant Acceptance
IC FINANCE
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L. COUNCIL REPORTS -
M. INFORMATION
City Manager Reports:
1. Planning Commission Minutes
M-1
N. EXECUTIVE SESSION -for the purpose of an Executive Session under the authority ofRCW42 30 1 10(l)(0 to receive and
evaluate complaints or charges brought against a public officer or employee.
O. ADJOURNMENT -
PUBLIC HEARINGS
Public hearings are set by the City Council in order to meet legal requirements In addition, the City Council may set a public hearing in
order to receive public input prior to making decisions, which impact the citizens Certain matters may be controversial, and the City
Council may choose to seek public opinion through the public hearing process
10
NOTE: HEARING DEVICES AVAILABLE FOR THOSE NEEDING ASSISTANCE •
MAYOR TO DETERMINE TIME OF BREAK
August 21, 2012 Port Angeles City Council Meeting Page - 2
PUBLIC INTEREST SIGN-UP SHEET
PORTANGELES
WASHINGTON. U S A
DATE OF MEETING: August 21, 2012
You are encouraged to sign below if:
CITY COUNCIL REGULAR MEETING
LOCATION: City Council Chambers
1. You are here to listen to the City Council discussion on a particular agenda item;
2. You want to speak during the Public Comment period of the agenda.
If several members of the public are interested in a particular agenda item, the Mayor may move
that item so it is discussed earlier in the meeting. Also, the Mayor may use the information provided
to organize the Public Comment period.
During the Public Comment portion of the meeting, the Mayor will invite citizens to talk with the Council
about topics that are not scheduled for public testimony on the evening's agenda. Prior to the start of the
"Public Comment" portion of the public hearing, all persons wishing to be heard are asked to sign in with
the Clerk, giving their names and addresses, and topic. The Mayor may arrange the order of speakers so
that testimony is heard in the most logical groupings.
To allow time for the Council to complete its legislative agenda, comments should be limited to no more
than 5 minutes per person and a total of 15 minutes for this comment period. At the discretion of the
Mayor, these time periods may be lengthened or shortened. Following any public comment, the Mayor may
allow time, limited to five minutes, for response from City Council members and/or City staff. No speaker
may convey or donate his or her time for speaking to another speaker. If many people wish to speak to a
particular issue, the Mayor may limit the total amount of time dedicated to that single issue.
Written comments may be submitted into the record of a Council meeting by presenting the written
document to the Clerk prior to the meeting, in which case a copy of the document will be provided to each
Council Member, but the document will not be read aloud; or a document may be distributed to the City
Council, with a copy to the Clerk, by a speaker while the speaker is addressing the Council.
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•
CITY COUNCIL SPECIAL MEETING
Port Angeles, Washington
July 31, 2012
CALL TO ORDER-
Mayor Kidd called the special meeting of the Port Angeles City Council to order at
SPECIAL MEETING:
5:00 p.m.
ROLL CALL:
Members Present Mayor Kidd, Deputy Mayor Collins, Councilmembers
Bruch, Di Guilio, Downie, and Mania.
Members Absent Councilmember Nelson.
Staff Present. Interim Manager McKeen, Attorney Bloor, Clerk Hurd, G.
Cutler, K. Dubuc, T. Gallagher, N. West, B. Olson, and T.
Pierce.
WORK SESSION:
1. 2012 Budget Status
Interim City Manager McKeen and Interim Finance Director Olson conducted a
PowerPoint presentation regarding the 2012 Budget status, addressing reasons and
solutions taken to reduce the budget gap. Council discussion followed.
. WORK SESSION:
2. 2013 Budget Process
Interim City Manager McKeen and Interim Finance Director Olson conducted a
PowerPoint presentation regarding the 2013 Budget process and the plans to
develop a long-range financial plan. Council discussion followed.
EXECUTIVE SESSION:
None.
ADJOURNMENT:
Mayor Kidd adjourned the meeting at 6:21 p.m.
•
Cherie Kidd, Mayor Janessa Hurd, City Clerk
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CITY COUNCIL MEETING
Port Angeles, Washington
August 7, 2012
CALL TO ORDER-
Mayor Kidd called the special meeting of the Port Angeles City Council to order at
SPECIAL MEETING:
5:00 P.M.
ROLL CALL:
Members Present Mayor Kidd, Deputy Mayor Collins, Councilmembers
Bruch Doined meeting at 5:25 p.m.], Di Guilio, Downie,
Mania, and Nelson.
Members Absent None.
Staff Present Interim Manager McKeen, Attorney Bloor, and Clerk
Hurd.
EXECUTIVE/CLOSED
Based upon input from Attorney Bloor, Mayor Kidd announced the need for an
SESSION:
Executive Session under the authority of RCW 42.30.110(1)(i) for the purpose of
discussing potential litigation with legal counsel, and in Closed Session under the
authority of RCW 42.30.140(4)(b) to plan or adopt the strategy or position to be
taken by the governing body during the course of any collective bargaining,
professional negotiations, or grievance or mediation proceedings, or reviewing the
proposals made in the negotiations or proceedings while in progress, for
approximately 45 minutes. The Executive Session convened at 5:00 p.m. The
session was extended by announcement at 5:45 p.m., for 5 minutes.
RETURN TO OPEN
The Executive Session concluded at 5:50 p.m. No action was taken. •
SESSION:
ADJOURNMENT:
Mayor Kidd adjourned the special meeting at 5:50 p.m.
CALL TO ORDER- Mayor Kidd called the regular meeting of the Port Angeles City Council to order at
REGULAR MEETING: 6:00 p.m.
ROLL CALL: Members Present Mayor Kidd, Deputy Mayor Collins, Councilmembers
Bruch, Di Guilio, Downie, Mania, and Nelson.
Members Absent None.
Staff Present Interim Manager McKeen, Attorney Bloor, Clerk Hurd, G.
Cutler, K. Dubuc, T. Gallagher, K. Dubuc, B. Olson, D.
Beery, T. Pierce, P. Lusk, R. Hostetler, S. Wright, T.
Nevaril, D Bellamente, and M. Puntenney.
PLEDGE OF Councilmember Bruch led the Pledge of Allegiance to the Flag.
ALLEGIANCE:
CEREMONIAL 1. Olympic Peninsula Senior Games
MATTERS/
PROCLAMATIONS/ Mayor Kidd presented D Bellamente and the Olympic Peninsula Senior Games
& EMPLOYEE volunteers with a proclamation in recognition of August 19-26, 2012 as Olympic
RECOGNITIONS: Peninsula Senior Games week.
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CITY COUNCIL MEETING
August 7, 2012
CEREMONIAL 2. Port Angeles Youth Volunteers
MATTERS/
PROCLAMATIONS/ Mayor Kidd presented a proclamation to Barb Frederick in recognition of the Port
& EMPLOYEE Angeles Downtown Association Youth Volunteer Program. She also recognized
RECOGNITIONS: numerous participants for their volunteered hours over the past year.
(Cont'd)
"Professional Finance Officer Award" / Sherry Wright — Finance
Department Senior Accountant
Chief Financial Officer Olson presented Senior Accountant Sherry Wright with a
Professional Finance Officer Award plaque from the Washington Finance Officers
Association.
PUBLIC COMMENT: Henry Henningsen, 323 E. 2nd St., asked Council to fix the alley between Vine and
Peabody Street behind Jim's Pharmacy.
Mike Edwards, 3403 E. Masters Rd., spoke in favor of the Choose Local
Businesses for Purchasing and Services Resolution.
Thomas Davis, 1306 W. 5'h St., thanked Council, Nathan West, and Terry Gallagher
for their recent assistance in solving his problems, and for well-trained City staff.
Norma Turner, 3928 Mt. Angeles Road, spoke in favor of the proposed utility
discount ordinance amendments, and thanked Council for changing the program to
be based upon income rather than other criteria. She also thanked Council for hiring
Dan McKeen as the next City Manager.
LATE ITEMS TO BE Mayor Kidd requested a work session to discuss the City Council's Code of Ethics
PLACED ON THIS OR and Council agreed to schedule a special work session in the near future to discuss
FUTURE AGENDAS: this issue.
Deputy Mayor Collins requested to discuss low -impact development issues at the
October work session and Council agreed to add this item to that agenda.
PUBLIC HEARINGS- 1. Electrical Utility 2012 Resource Plan
OTHER:
Public Works and Utilities Director Cutler introduced Power Resources Manager
Lusk who conducted a PowerPoint presentation on the proposed 2012 Electrical
Utility Resource Plan. Council discussion followed.
Mayor Kidd opened the public hearing at 7:00 p.m.
Norma Turner, 3928 Mt. Angeles Rd., asked questions regarding solar energy and
non-profit business demand rates.
Thomas Davis, 1306 W. 5`h St., asked whether or not the electrical plant just
removed from the Elwha River dam was providing electricity to the City.
Director Cutler answered both individual's questions.
Mayor Kidd continued the public hearing at 7:05 p.m., to August 21, 2012.
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CITY COUNCIL MEETING
August 7, 2012
OTHER 1. Port Angeles Downtown Association / 2nd Quarter Report
CONSIDERATIONS:
Port Angeles Downtown Association Executive Director Barb Frederick conducted
a PowerPoint presentation regarding the Association's second quarter report.
Council discussion followed.
Break: Mayor Kidd recessed the meeting for a break at 7:21 p.m.
Councilmember Mania exited the meeting. The meeting reconvened at 7:34 p.m.
2. Combined Sewer Overflow (CSO) Phase I Cultural Monitoring Services
Agreement / Lower Elwha Klallam Tribe
Mayor Kidd welcomed Lower Elwha Klallam Tribe (LEKT) Chair Frances Charles.
Councilmember Bruch recused herself from the agenda item, due to her
employment with LEKT, and exited the Council Chambers.
City Archaeologist Beery presented the Combined Sewer Overflow (CSO) Phase I
Cultural Monitoring Services Agreement. He stated the proposed agreement
allowed for compliance with Section 106, of the National Historic Preservation Act,
and was satisfactory to the LEKT. Council discussion followed.
LEKT Chair Charles stated there were some minor spelling errors and the LEKT
was satisfied with the proposed agreement.
It was moved by Downie and seconded by Nelson to:
Authorize the City Manager to sign the CSO Phase I Cultural Monitoring Services
Agreement (PSA 2012-07) between the City and the Lower Elwha Klallam Tribe in
an amount not to exceed $100,000, and make minor modifications as necessary.
Motion carried 5-0.
CONSENT AGENDA: Councilmember Bruch reentered the Council Chambers. She inquired about
Consent Agenda item #3 and Director Cutler answered her questions.
It was moved by Bruch and seconded by Collins to approve the Consent
Agenda to include:
1. City Council Meeting Minutes for: June 5, July 17, and 20, 2012
2. Expenditure Approval List: 7/7/12 to 7/27/12 for $2,720,613.23
3. 2012 Water Utility Professional Services Agreement / E Street Reservoir
Cover Repainting
4. Department of Ecology Coordinated Prevention Grant G130009
5. Pole Replacement Project / Final Acceptance
6. Public Safety Advisory Board / Appointments
Motion carried 6-0.
Deputy Mayor Collins stated for the record how the appointed members of the
Public Safety Advisory Board were outstanding individuals.
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•
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CITY COUNCIL MEETING
August 7, 2012
ORDINANCES NOT 1. Surplus Property Revisions to PANIC 2.0
REQUIRING PUBLIC
HEARINGS: Attorney Bloor stated no changes had been made, or comments received, regarding
the proposed ordinance. Council discussion followed.
Ordinance No. 3457
Mayor Kidd conducted a second reading of the Ordinance by title, entitled,
ORDINANCE NO. 3457
AN ORDINANCE of the City of Port Angeles, Washington, relating to surplus
property.
It was moved by Collins and seconded by Downie to:
Adopt the Ordinance as read by title.
Motion carried 6-0.
Ordinance No. 3458 2. Utility Discount Ordinance Amendments
Mayor Kidd conducted a third reading of the Ordinance by title, entitled,
ORDINANCE NO. 3458
AN ORDINANCE of the City of Port Angeles, Washington, amending Port
Angeles Municipal Code Chapter 13.20 relating to utility discounts.
It was moved by Downie and seconded by Collins to:
Adopt the Ordinance as read by title.
Council discussion followed. Councilmember Bruch suggested numerous editorial
changes.
Deputy Mayor Collins stated for the record that the new income limits described in
the proposed ordinance were now quarterly amounts not annual totals.
It was amended by Downie and seconded by Collins to:
Amend the ordinance to include the minor editorial changes.
The motion, as amended, carried 6-0.
RESOLUTIONS NOT 1. Choose Local Business for Purchasing and Services
REQUIRING PUBLIC
HEARINGS: Interim Manager McKeen presented the proposed Resolution regarding choosing
local businesses for purchasing and services. He recognized Port Angeles Forward
Resolution No. 15-12 subcommittee member Mike Edwards for all his hard work and dedication on the
issue. He stated economic development is about support local businesses and
described the parameters of the proposed Resolution. He also recognized
Community and Economic Development Director West for all of his contributions.
Council discussion followed.
Mayor Kidd conducted a reading of the Resolution by title, entitled,
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CITY COUNCIL MEETING
August 7, 2012
RESOLUTIONS NOT RESOLUTION NO. 15-12 •
REQUIRING PUBLIC
HEARINGS: A RESOLUTION of the City Council of the City of Port Angeles, Washington,
(Cont'd) establishing a policy of choosing local businesses for purchasing and
services within the confines of state law.
Resolution No. 15-12
It was moved by Di Guilio and seconded by Nelson to:
Pass the Resolution as read by title.
Motion carried 6-0.
Resolution No. 16-12 2. Declaration of Emergency / Transformer Failure
Director Cutler described the transformer failures due to a recent lightning storm
and how customer's power was rerouted during the incident. He stated the
transformers need to be replaced, or repaired, as soon as possible. He explained
either action would take many months. He asked Council to ratify the Declaration
and also informed them the City's insurance carrier would cover most, if not all, of
the repair costs. Council discussion followed.
Mayor Kidd conducted a reading of the Resolution by title, entitled,
RESOLUTION NO. 16-12
A RESOLUTION of the City Council of the City of Port Angeles, Washington,
affirming and ratifying the Declaration of Emergency issued by the City
Manager on July 26, 2012. 0
It was moved by Downie and seconded by Bruch to.
Pass the Resolution as read by title.
Motion carried 6-0.
OTHER 3. Combined Sewer Overflow (CSO) Phase I Construction Contract
CONSIDERATIONS:
(Cont'd) Director Cutler presented the Combined Sewer Over (CSO) Phase I Construction
Contract and discussed the hard work and effort that has gone into this project over
a lengthy period of time. He stated the low bid came in one million under engineers
estimate. He recommended Council approve the City Manager authority to issue
change orders up to the amount of $814,000, due to the size, complexity, and cost
of the project. He explained how without this authorization the City could face
increased costs due to the contractor having to wait for decisions to be made by
Council. He stated the City Manager would be required to share all change orders
with the Council, if and when they are issued. Council discussion followed.
Councilmember Bruch stated for the record her appreciation for all of the hard work
spent on this project over the years, but explained she cannot support it because she
does not believe it is the best option for the City. Council discussion followed.
It was moved by Downie and seconded by Nelson to:
MR,
•
CITY COUNCIL MEETING
August 7, 2012
• OTHER Approve and authorize the City Manager to 1) award and sign a construction
CONSIDERATIONS: contract with IMCO General Construction for CSO Phase 1, Project WW08-2008,
(Cont'd) in the base amount of $16,278,350 including applicable taxes, and to make minor
modifications to the contract, if necessary and 2) issue change order(s) to the
contract in an aggregate amount not to exceed the available contingency of
$814,000, provided the City Manager report change order(s) to City Council at its
regular meeting following issuance of the change order(s).
Motion carried 5-1, with Bruch voting in opposition.
Director Cutler thanked current and past Councilmembers; current and past City
Managers including Dan McKeen, Kent Myers, Mark Madsen, and Mike Quinn;
Attorney Bloor, previous City Engineers Gary Kenworthy and Steve Sperr, and
Deputy Director of Engineering Mike Puntenney; and key staff members including
Engineering Manager Kathryn Neal, Engineer Mike Szatlocky, Assistant Civil
Engineer James Burke, and City Archaeologist Derek Beery. He also thanked
numerous outside agencies and partnerships including the Lower Elwha Klallam
Tribe, Washington State Department of Ecology, Rayonier, and the firm Brown and
Caldwell.
Deputy Mayor Collins stated past Councils, twenty years ago, struggled with this
issue and it adversely affected how the City has arrived at this point in time and also
contributed to the overall cost of the project. He hoped this could be a lesson for
future Councils to address issues in the future more proactively.
FINANCE: 1. City Manager Contract
. Interim Manager McKeen recognized Byron Olson as the City's new Chief
Financial Officer, and commended him for making such a difference in his short
time here at the City.
Attorney Bloor stated Interim Manager McKeen and Human Resources Manager
Coons had been in discussions regarding the City Manager employment contract.
He described some suggested changes and noted they will be incorporated into the
contract for signature. Council discussion followed.
It was moved by Di Guilio and seconded by Nelson to:
Approve City Manager employment contract as presented with proposed changes.
Council discussion followed.
Motion carried 6-0.
2. 2012 Power Line Tree Trimming Contract / WF#142537-03
Director Cutler described the proposed contract and stated this was the thirteenth or
fourteenth year the City has had a tree trimming contract to prevent power outages
during winter storms. Council discussion followed.
It was moved by Nelson and seconded by Collins to:
Approve and authorize the City Manager to sign a contract with Asplundh Tree
Expert Co. for tree trimming at the rate of $181.54 per hour, in an amount not to
exceed $100,000, and to make minor modifications to the agreement, if necessary.
iMotion carried 6-0.
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CITY COUNCIL MEETING
August 7, 2012
CITY COUNCIL Councilmember Downie reported on his recent attendance at an International
REPORTS: Council of Shopping Centers conference and the marketing literature he provided
during the conference.
Mayor Kidd discussed her recent appointment to the AWC Legislative Committee.
Deputy Mayor Collins discussed his attendance at the funeral of former Mayor Joan
Sargent and asked for her name to be added to the City's Community Memorial
Plaque in the City's Atrium.
Councilmember Bruch provided a brief report on comments she received at the
Farmers' Market.
No other reports were given.
Council agreed by consensus to support Deputy Mayor Collins' nomination of Joan
Sargent to the City's Community Memorial Plaque.
INFORMATION: Manager McKeen directed Council to the reports included in the packet and
provided a brief summary of the preliminary local election results
EXECUTIVE SESSION: None.
ADJOURNMENT: Mayor Kidd adjourned the meeting at 8:43 p.m.
Cherie Kidd, Mayor
Janessa Hurd, City Clerk
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EXECUTIVE SESSION
Date: August 7, 2012
Expected length of session: 45 minutes
Is action expected following the session: No.
Only announced topics may be discussed
No final action can be taken in Executive Session
Discussions are confidential
Reason for Executive Session:
To consider matters affecting national security.
To consider the selection of a site or the acquisition of real estate by lease or purchase
when public knowledge regarding such consideration would cause a likelihood of increased
price.
To consider the minimum price at which real estate will be offered for sale or lease when
public knowledge regarding such consideration would cause a likelihood of decreased price.
However, final action selling or leasing public property shall be taken in a meeting open to the
public.
To review negotiations on the performance of public bid contracts when public
knowledge regarding such consideration would cause a likelihood of increased costs.
To consider, in the case of an export trading company, financial and commercial
information supplied by private persons to the export trading company.
To receive and evaluate complaints or charges brought against a public officer or
employee. However, upon the request of such officer or employee, a public hearing or a meeting
open to the public shall be conducted upon such complaint or charge.
To evaluate the qualifications of an applicant for public employment or to review the
performance of a public employee. However, subject to RCW 42.30.140(4), discussion by a
governing body of salaries, wages, and other conditions of employment to be generally applied
within the agency shall occur in a meeting open to the public, and when a governing body elects
to take final action hiring, setting the salary of an individual employee or class of employees, or
• discharging or disciplining an employee, that action shall be taken in a meeting open to the
public.
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EXECUTIVE SESSION
August 7, 2012
To evaluate the qualifications of a candidate for appointment to elective office.
However, any interview of such candidate and final action appointing a candidate to elective
office shall be in a meeting open to the public.
X To discuss with legal counsel representing the agency matters relating to agency
enforcement actions, or to discuss with legal counsel representing the agency litigation or
potential litigation to which the agency, the governing body, or a member acting in an official
capacity is, or is likely to become, a party, when public knowledge regarding the discussion is
likely to result in an adverse legal or financial consequence to the agency.
Closed session under RCW 42.30.140:
To discuss proceedings concerned with the formal issuance of an order granting,
suspending, revoking, or denying any license, permit, or certificate to engage in any business,
occupation, or profession, or to receive a license for a sports activity or to operate any
mechanical device or motor vehicle where a license or registration is necessary; or
Meeting of a quasi-judicial body relating to a quasi-judicial matter between named parties
as distinguished from a matter having general effect on the public or on a class or group.
Matters governed by chapter 34.05 RCW, the Administrative Procedure Act.
X Collective bargaining session with employee organization, including contract
negotiations, grievance meetings, and discussions relating to the interpretation or application of a
labor agreement or a portion of a meeting which the governing body is planning or adopting the
strategy or position to be taken by the governing body during the course of any collective
bargaining, professional negotiations, or grievance or mediation proceeding, or reviewing the
proposals made in the negotiations or proceedings while in progress.
Time session began: 5:00 p.m.
Was session extended
by announcement: Yes
If so, when: 5:45p.m.
Time session ended: 5:50 p.m.
Mayor
In attendance:
Mayor Kidd, Deputy Mayor Collins,
Councilmembers Bruch[joined at 5:25
p.m.], Di Guilio, Downie, Mania, and
Nelson, Interim Manager McKeen, and
Attorney Bloor.
City Clerk
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Date, 8/17/2012
City of Port Angeles
City Council Expenditure Report
• r'`' r•=h From: 7/28/2012 To: 8/10/2012
Vendor
Description
Account Number
Invoice Amount
DEPARTMENT OF REVENUE -WIRES
Excise Tax Return -June
001-0000-237.00-00
1,154.29
Excise Tax Return -June
001-0000-237.10-00
59.95
Excise Tax Return -June
001-0000-237.30-00
135.24
ELECSYS INT'L CORP
RADIX MAINTENANCE
001-0000-237.00-00
-21.34
Calvary Chapel
REFUND OF DEPOSIT FOR CIT
001-0000-239.10-00
150.00
Kay Clark
VBCC KEY DEPOSIT REFUND C
001-0000-239.10-00
100.00
Shannon Sigsworth
DEPOSIT REFUND
001-0000-239.93-00
150.00
TABITHA HERDA
Refund unclaimed property
001-0000-263.90-10
101.66
WASHINGTON (DOL), STATE OF
STATE SHARE CPLS JUNE 201
001-0000-229.60-00
240.00
Division Total:
$2,069.80
Department Total:
$2,069.80
PATRICK DOWNIE
DOWNIE / MILEAGE REIMBURS
001-1160-511.43-10
44.40
OLYMPIC PRINTERS INC
LETTERHEAD
001-1160-511.31-01
134.93
PORT ANGELES CITY TREASURER
Chamber Lunch -Kidd
001-1160-511.31-01
13.00
Legislative
Mayor & Council
Division Total:
$192.33
Legislative
Department Total:
$192.33
CENTURYLINK-QWEST
07-05 A/C 3604525834211B
001-1210-513.42-10
1.38
07-23 A/C 206TO2306084B
001-1210-513.42-10
20.33
.
07-23 A/C 206T310164584B
07-14 A/C 36045766840858
001-1210-513.42-10
001-1210-513.42-10
27.74
7.30
07-14 A/C 3604570411199B
001-1210-513.42-10
55.29
07-16 A/C 206T359336570B
001-1210-513.42-10
27.74
07-14 A/C 36045708315588
001-1210-513.42-10
1.18
07-14 A/C 3604571535571B
001-1210-513.42-10
1.95
07-14 A/C 36045709683438
001-1210-513.42-10
2.83
KARON'S FRAME CENTER
CLEAN -REPAIR HISTORIAL PA
001-1210-513.31-01
80.04
OLYMPIC PRINTERS INC
LETTERHEAD
001-1210-513.31-01
134.93
PROTHMAN
CITY MGR SEARCH
001-1210-513.41-50
1,954.06
City Manager Department
City Manager Office
Division Total:
$2,314.77
CENTURYLINK-QWEST
07-05 A/C 3604525834211B
001-1220-516.42-10
0.27
07-23 A/C 206TO2306084B
001-1220-516.42-10
4.07
07-23 A/C 206T310164584B
001-1220-516.42-10
5.55
07-14 A/C 3604576684085B
001-1220-516.42-10
1.46
07-14 A/C 3604570411199B
001-1220-516.42-10
11.06
07-16 A/C 206T359336570B
001-1220-516.42-10
5.55
07-14 A/C 36045708315588
001-1220-516.42-10
0.24
07-14 A/C 36045715355718
001-1220-516.42-10
0.39
07-14 A/C 3604570968343B
001-1220-516.42-10
0.47
ABBI GATES
TUITION REIMBURSEMENT
001-1220-516.43-10
1,755.00
WA STATE PATROL
WATCH CHECKS
001-1220-516.41-50
10.00
•
City Manager Department
Human Resources
Division Total:
$1,794.06
CENTURYLINK-QWEST
07-05 A/C 36045258342118
001-1230-514.42-10
0.14
E-11
Pagel
X14; ,.C" 4 ,
5
Date 8/17/2012
City of Port
Angeles
City Council Expenditure Report
' ••H °
From: 7/28/2012
To: 8/10/2012
Vendor
Description
Account Number
Invoice Amount
CENTURYLINK-QWEST
07-23 A/C 206TO2306084B
001-1230-514.42-10
2.03
07-23 A/C 206T310164584B
001-1230-514.42-10
2.77
07-14 A/C 3604576684085B
001-1230-514.42-10
0.73
07-14 A/C 3604570411199B
001-1230-514.42-10
5.53
07-16 A/C 206T359336570B
001-1230-514.42-10
2.77
07-14 A/C 3604570831558B
001-1230-514.42-10
0.12
07-14 A/C 3604571535571B
001-1230-514.42-10
0.19
07-14 A/C 3604570968343B
001-1230-514.42-10
0.24
PENINSULA AWARDS & TROPHIES
COUNCIL NAMEPLATE- MCKEEN
001-1230-514.31-01
10.59
City Manager Department
City Clerk
Division Total.
$25.11
City Manager Department
Department Total:
$4,133.94
UNITED WAY OF CLALLAM COUNTY
Q2 HUMAN SERVICES FUNDING
001-1390-519.49-71
14,062.50
City Manager Dept
Community Service
Division Total:
$14,062.50
City Manager Dept
Department Total:
$14,062.50
DEPARTMENT OF REVENUE -WIRES
Excise Tax Return -June
001-2001-341.69-00
0.80
Finance Department
Finance Revenues
Division Total:
$0.80
CENTURYLINK-QWEST
07-05 A/C 3604525834211B
001-2010-514.42-10
0.96
07-23 A/C 206TO2306084B
001-2010-514.42-10
14.23
07-23 A/C 206T3101645846
001-2010-514.42-10
19.42
07-14 A/C 3604576684085B
001-2010-514.42-10
5.11
07-14 A/C 3604570411199B
001-2010-514.42-10
38.70
07-16 A/C 206T35933657013
001-2010-514 42-10
19.42
07-14 A/C 3604570831558B
001-2010-514.42-10
0.83
07-14 A/C 3604571535571B
001-2010-514.42-10
1.36
07-14 A/C 3604570968343B
001-2010-514.42-10
1.66
FOSTER PEPPER PLLC
UTILITY TAX ANALYSIS/NIP
001-2010-514.41-50
357.00
GOVT FINANCE OFFCRS ASN
OLSON DUES 100112-033013
001-2010-514.49-01
190.00
BYRON OLSON
Housing Reimbursement
001-2010-514.41-50
1,050.00
PROTHMAN
Interim Finance Director
001-2010-514.41-50
6,229.44
WASHINGTON (OASI), STATE OF
2nd Quarter Unemployment
001-2010-514.20-60
1,166.00
Finance Department
Finance Administration
Division Total.
$9,094.13
CENTURYLINK-QWEST
07-05 A/C 3604525834211B
001-2023-514.42-10
1.24
07-23 A/C 206TO2306084B
001-2023-514.42-10
18.30
07-23 A/C 206T310164584B
001-2023-514.42-10
24.97
07-14 A/C 3604576684085B
001-2023-514.42-10
6.57
07-14 A/C 3604570411199B
001-2023-514.42-10
49.76
07-16 A/C 206T359336570B
001-2023-514.42-10
24.97
07-14 A/C 36045708315588
001-2023-514.42-10
1.06
07-14 A/C 3604571535571 B
001-2023-514.42-10
1.75
07-14 A/C 3604570968343B
001-2023-514.42-10
2.13
INSIGHT PUBLIC SECTOR
COMPUTER HARDWARE&PERIPHI 001-2023-514.31-01
65.03
•
WASHINGTON (AUDITOR), STATE OF
FINANCIAL SERVICES
001-2023-514.41-50
22,381.25
E-12
Page 2
,,.ccr,� M,
, Date 8/17/2012
A-
C!
#�-„ City of Port Angeles
City Council Expenditure Report
�
• From: 7/28/2012 To: 8/10/2012
Vendor
Description
Account Number
Invoice Amount
Finance Department
Accounting
Division Total.
$22,577.03
CENTURYLINK-QWEST
07-05 A/C 3604525834211 B
001-2025-514.42-10
1.79
07-23 A/C 206TO2306084B
001-2025-514.42-10
26.44
07-23 A/C 206T310164584B
001-2025-514.42-10
36.07
07-14 A/C 3604576684085B
001-2025-514.42-10
9.49
07-14 A/C 3604570411199B
001-2025-514.42-10
71.88
07-16 A/C 206T359336570B
001-2025-514.42-10
36.07
07-14 A/C 36045708315588
001-2025-514.42-10
1.54
07-14 A/C 3604571535571 B
001-2025-514.42-10
2.53
07-14 A/C 3604570968343B
001-2025-514.42-10
3.07
ELECSYS INT'L CORP
RADIX MAINTENANCE
001-2025-514.48-10
275.34
EQUIFAX
CREDIT REPORTS
001-2025-514.41-50
60.92
OLYMPIC STATIONERS INC
CLIPBOARD
001-2025-514.31-01
2.92
PORT ANGELES CITY TREASURER
Tools for Service Truck
001-2025-514.31-80
3.84
VERIZON WIRELESS
07-13 a/c 271272753-00001
001-2025-514.42-10
71.77
Finance Department
Customer Service
Division Total.
$603.67
PITNEY BOWES INC
OFFICE MACHINES & ACCESS
001-2080-514.31-01
332.22
UNITED PARCEL SERVICE
Shipping Chgs
001-2080-514.42-10
20.00
Finance Department
Reprographics
Division Total:
$352.22
Finance Department
Department Total:
$32,627.85
CENTURYLINK-QWEST
07-05 A/C 3604525834211B
001-3010-515.42-10
0.82
07-23 A/C 206TO2306084B
001-3010-515.42-10
12.20
07-23 A/C 206T310164584B
001-3010-515.42-10
16.65
07-14 A/C 3604576684085B
001-3010-515.42-10
4.38
07-14 A/C 3604570411199B
001-3010-515.42-10
33.18
07-16 A/C 206T359336570B
001-3010-515.42-10
16.65
07-14 A/C 3604570831558B
001-3010-515.42-10
0.71
07-14 A/C 3604571535571 B
001-3010-515.42-10
1.17
07-14 A/C 3604570968343B
001-3010-515.42-10
1.42
PORT ANGELES CITY TREASURER
Copy Chgs-Supenor Ct
001-3010-515.31-01
4.00
Attorney
Attorney Office
Division Total:
$91.18
CITY OF FORKS
FORKS JAIL BILL 06/12
001-3012-598.51-23
9,180.00
CLALLAM CNTY SHERIFF'S DEPT
JAIL BILL FOR JUNE 2012
001-3012-598.51-23
51,375 46
Attorney
Jail Contributions
Division Total:
$60,555.46
CENTURYLINK-QWEST
07-05 A/C 36045258342118
001-3021-515.42-10
055
07-23 A/C 206TO2306084B
001-3021-515.42-10
8.13
07-23 A/C 206T310164584B
001-3021-515.42-10
11.10
07-14 A/C 3604576684085B
001-3021-515.42-10
2.92
07-14 A/C 3604570411199B
001-3021-515.42-10
22.12
07-16 A/C 206T359336570B
001-3021-515.42-10
11.10
•
07-14 A/C 3604570831558B
001-3021-515.42-10
047
07-14 A/C 3604571535571 B
001-3021-515.42-10
0.78
E-13
Page
3
�
City of Port Angeles Date 8/17/2012
City Council Expenditure Report
}f'
From: 712812012 To: 811012012
Vendor Description
CENTURYLINK-QWEST 07-14 A/C 3604570968343B
CLALLAM CNTY DIST 1 COURT CASE NO. 2ZO370763
CLALLAM PUBLIC DEFENDER Public Defender Fees
FREEDMAN, LAWRENCE ATTNY AT LAW 2ZO224703PCC-FREEDMAN
MYERS, STAN Indigent Legal Fees
Attorney Prosecution
Attorney
CENTURYLINK-QWEST
DEPARTMENT OF REVENUE -WIRES
SOUND PUBLISHING INC
Community Development
CENTURYLINK-QWEST
PORT ANGELES CITY TREASURER
VERIZON WIRELESS
Community Development
CENTURYLINK-QWEST
VERIZON WIRELESS
07-05 A/C 3604525834211B
07-23 A/C 206TO2306084B
07-23 A/C 206T310164584B
07-14 A/C 3604576684085B
07-14 A/C 3604570411199B
07-16 A/C 206T359336570B
07-14 A/C 3604570831558B
07-14 A/C 3604571535571B
07-14 A/C 3604570968343B
Excise Tax Return -June
KALLA, ANDERSON PUBLICATI
CURRY LEGAL PUBLICATION
Planning
07-05 A/C 36045258342116
07-23 A/C 206TO2306084B
07-23 A/C 206T310164584B
07-14 A/C 3604576684085B
07-14 A/C 360457041 1 1 99B
07-16 A/C 206T359336570B
07-14 A/C 36045708315588
07-14 A/C 3604571535571B
07-14 A/C 3604570968343B
Sheet Protectors-Roberds
07-15 a/c 264230412-00003
Building
07-05 A/C 3604525834211 B
07-23 A/C 206TO2306084B
07-23 A/C 206T310164584B
07-14 A/C 3604576684085B
07-14 A/C 3604570411199B
07-16 A/C 206T359336570B
07-14 A/C 3604570831558B
07-14 A/C 3604571535571 B
07-14 A/C 3604570968343B
07-15 a/c 264230412-00003
Account Number
001-3021-515.42-10
001-3021-515.50-90
001-3021-515.41-50
001-3021-515.41-50
001-3021-515.41-50
Division Total:
Department Total:
001-4010-558.42-10
001-4010-558.42-10
001-4010-558.42-10
001-4010-558.42-10
001-4010-558.42-10
001-4010-558.42-10
001-4010-558 42-10
001-4010-558.42-10
001-4010-558.42-10
001-4010-341.50-00
001-4010-558.44-10
001-4010-558.44-10
Division Total:
001-4020-524.42-10
001-4020-524.42-10
001-4020-524.42-10
001-4020-524.42-10
001-4020-524.42-10
001-4020-524.42-10
001-4020-524.42-10
001-4020-524.42-10
001-4020-524.42-10
001-4020-524.31-01
001-4020-524.42-10
Division Total:
001-4030-559.42-10
001-4030-559.42-10
001-4030-559.42-10
001-4030-559.42-10
001-4030-559.42-10
001-4030-559.42-10
001-4030-559.42-10
001-4030-559.42-10
001-4030-559.42-10
001-4030-559.42-10
Invoice Amount
0.95
10, 804.47
3,541.67
384.00
3,541.67
$18,329.93
$78,976.57
1.03
15.25
20.81
5.48
41.47
2081
0.89
1.46
1.77
20.05
175.29
100.93
$405.24
0.36
5.29
7.21
1.90
14.38
7.21
0.31
0.51
0.61
38.09
52.43
$128.30
0.05
081
1.11
0.29
2.21
1.11
0.05
0.08
0.09
2246
E-14
Page 4
•
•
Date 8/17/2012
.. City of Port Angeles
City Council Expenditure Report
• rrrx;,,.x 4
From: 712812012 To: 811012012
Vendor
Description
Account Number
Invoice Amount
Community Development
Code Compliance
Division Total:
$28.26
Community Development
Department Total:
$561.80
CENTURYLINK-QWEST
07-05 A/C 3604525834211B
001-5010-521.42-10
2.20
07-23 a/c 206TO31979835B
001-5010-521.42-10
64.74
07-23 a/c 206T411918873B
001-5010-521.42-10
57.46
07-20 a/c 206Z200017790B
001-5010-521.42-10
199.03
07-23 A/C 206TO2306084B
001-5010-521.42-10
32.54
07-23 A/C 206T310164584B
001-5010-521.42-10
44.39
07-14 A/C 3604576684085B
001-5010-521.42-10
11.68
07-14 A/C 3604570411199B
001-5010-521 42-10
88.47
07-16 A/C 206T359336570B
001-5010-521.42-10
44.39
07-14 A/C 3604570831558B
001-5010-521.42-10
1.89
07-14 A/C 3604571535571 B
001-5010-521.42-10
312
07-14 A/C 3604570968343B
001-5010-521 42-10
3.78
QUILL CORPORATION
OFFICE SUPPLIES, GENERAL
001-5010-521.31-01
238.04
Police Department
Police Administration
Division Total:
$791.73
CLALLAM CNTY HUMANE SOCIETY
3RD QUARTER
001-5012-521.41-50
13,500.00
Police Department
Intergovernmental Svcs
Division Total.
$13,500.00
CENTURYLINK-QWEST
07-05 A/C 36045258342118
001-5021-521.42-10
1.37
•
07-23 A/C 206TO2306084B
001-5021-521.42-10
20.33
07-23 A/C 206T310164584B
001-5021-521.42-10
27.74
07-14 A/C 3604576684085B
001-5021-521.42-10
7.30
07-14 A/C 3604570411199B
001-5021-521.42-10
55.29
07-16 A/C 206T359336570B
001-5021-521.42-10
27.74
07-14 A/C 3604570831558B
001-5021-521.42-10
1.18
07-14 A/C 3604571535571B
001-5021-521.42-10
1.95
07-14 A/C 3604570968343B
001-5021-521.42-10
2.36
WA STATE CRIMINAL JUSTICE
POWLESS CRIM SC INVESTIGA
001-5021-521.43-10
50.00
Police Department
Investigation
Division Total:
$195.26
AMSAN
OFFICE SUPPLIES, GENERAL
001-5022-521.31-01
83.27
CENTURYLINK-QWEST
07-05 A/C 3604525834211 B
001-5022-521.42-10
3.85
07-23 A/C 206TO2306084B
001-5022-521.42-10
5694
07-23 A/C 206T310164584B
001-5022-521.42-10
77.69
07-14 A/C 3604576684085B
001-5022-521.42-10
20.44
07-14 A/C 3604570411199B
001-5022-521.42-10
154.82
07-16 A/C 206T359336570B
001-5022-521.42-10
77.69
07-14 A/C 36045708315586
001-5022-521.42-10
3.31
07-14 A/C 3604571535571 B
001-5022-521.42-10
5.45
07-14 A/C 3604570968343B
001-5022-521.42-10
6.63
LINCOLN STREET STATION
SHIPPING AND HANDLING
001-5022-521.42-10
1232
•QUILL CORPORATION
OFFICE SUPPLIES, GENERAL
001-5022-521.31-01
114.85
SWAIN'S GENERAL STORE INC
POLICE EQUIPMENT & SUPPLY
001-5022-521.31-01
28.46
E-15
Page
5
Date 8/17/2012
City of Port Angeles
City Council Expenditure Report
From: 7/28/2012 To: 8/10/2012 •
Vendor
Description
Account Number
Invoice Amount
SWAIN'S GENERAL STORE INC
POLICE EQUIPMENT & SUPPLY
001-5022-521.31-01
1945
POLICE EQUIPMENT & SUPPLY
001-5022-521.49-90
14.54
Police Department
Patrol
Division Total:
$679.71
CANON USA, INC
OFFICE MACHINES & ACCESS
001-5029-521 45-31
384.71
CENTURYLINK-OWEST
07-05 A/C 3604525834211B
001-5029-521.42-10
1.37
07-23 A/C 206TO2306084B
001-5029-521.42-10
20.33
07-23 A/C 206T310164584B
001-5029-521.42-10
27.74
07-14 A/C 3604576684085B
001-5029-521.42-10
7.30
07-14 A/C 3604570411199B
001-5029-521.42-10
55.29
07-16 A/C 206T359336570B
001-5029-521.42-10
2774
07-14 A/C 3604570831558B
001-5029-521.42-10
1.18
07-14 A/C 3604571535571B
001-5029-521.42-10
1.95
07-14 A/C 3604570968343B
001-5029-521.42-10
2.36
DEPARTMENT OF REVENUE -WIRES
Excise Tax Return -June
001-5029-342.10-17
1.95
PEN PRINT INC
PRINTING EQUIP & SUPPLIES
001-5029-521.31-01
92.14
QUILL CORPORATION
OFFICE SUPPLIES, GENERAL
001-5029-521.31-01
67.28
OFFICE SUPPLIES, GENERAL
001-5029-521.31-01
58.50
OFFICE SUPPLIES, GENERAL
001-5029-521.31-01
58.50
Police Department
Records
Division Total:
$808.34
SUNSET DO -IT BEST HARDWARE
FUELGAUGE PUSH NUTS,CA 06
001-5050-521.48-10
35.53
•
Police Department
Facilities Maintenance
Division Total:
$35.53
Police Department
Department Total:
$16,010.57
CANON USA, INC
OFFICE MACHINES & ACCESS
001-6010-522.45-31
190.69
CENTURYLINK-QWEST
07-05 A/C 3604525834211B
001-6010-522.42-10
1.92
07-23 A/C 206TO2306084B
001-6010-522.42-10
28.47
07-23 A/C 206T310164584B
001-6010-522.42-10
38.84
07-14 A/C 3604576684085B
001-6010-522.42-10
10.22
07-14 A/C 3604570411199B
001-6010-522.42-10
77.41
07-16 A/C 206T359336570B
001-6010-522.42-10
38.84
07-14 A/C 3604570831558B
001-6010-522.42-10
1 66
07-14 A/C 3604571535571 B
001-6010-522 42-10
2.73
07-14 A/C 36045709683436
001-6010-522.42-10
3.31
07-05 A/C 36045258342116
001-6010-522.42-11
0.55
07-23 A/C 206TO2306084B
001-6010-522.42-11
8.13
07-23 A/C 206T310164584B
001-6010-522.42-11
11.10
07-14 A/C 3604576684085B
001-6010-522.42-11
2.92
07-14 A/C 3604570411199B
001-6010-522.42-11
22.12
07-16 A/C 206T359336570B
001-6010-522.42-11
11.10
07-14 A/C 3604570831558B
001-6010-522.42-11
0.47
07-14 A/C 3604571535571 B
001-6010-522.42-11
0.78
07-14 A/C 3604570968343B
001-6010-522.42-11
0.95
•
OLYMPIC STATIONERS INC
OFFICE SUPPLIES, GENERAL
001-6010-522.31-01
12.49
E-16
Page 6
Date 8/17/2012
City of Port Angeles
City Council Expenditure Report
• f'r'y,°,. � " From: 7/28/2012 To: 811012012
Vendor
Description
Account Number
Invoice Amount
PACIFIC OFFICE EQUIPMENT INC
COMPUTERS,DP & WORD PROC.
001-6010-522.31-01
139.83
Fire Department
Fire Administration
Division Total:
$604.53
CENTURYLINK-QWEST
07-05 A/C 3604525834211B
001-6020-522.42-10
1.79
07-23 A/C 206TO2306084B
001-6020-522.42-10
26.44
07-23 A/C 206T310164584B
001-6020-522.42-10
36.07
07-14 A/C 3604576684085B
001-6020-522.42-10
9.49
07-14 A/C 3604570411199B
001-6020-522.42-10
71.88
07-16 A/C 206T359336570B
001-6020-522.42-10
36.07
07-14 A/C 3604570831558B
001-6020-522 42-10
1.54
07-14 A/C 3604571535571 B
001-6020-522.42-10
2.53
07-14 A/C 3604570968343B
001-6020-522.42-10
3.07
CURTIS & SONS INC, L N
BOATS,MOTORS,& MARINE SUP
001-6020-522.31-01
64.90
Fire Department
Fire Supression
Division Total.
$253.78
CENTURYLINK-QWEST
07-05 A/C 36045258342116
001-6021-522.42-10
0.14
07-23 A/C 206TO2306084B
001-6021-522.42-10
2.03
07-23 A/C 206T310164584B
001-6021-522.42-10
2.77
07-14 A/C 3604576684085B
001-6021-522.42-10
0.73
07-14 A/C 3604570411199B
001-6021-522.42-10
5.53
07-16 A/C 206T359336570B
001-6021-522.42-10
2.77
•
07-14 A/C 3604570831558B
001-6021-522.42-10
0.12
07-14 A/C 3604571535571 B
001-6021-522 42-10
0.19
07-14 A/C 3604570968343B
001-6021-522.42-10
0.24
Paramount Catering
CATERING WA ST FIRE TRAIN
001-6021-522.43-10
1,854.70
Fire Department
Fire Volunteers
Division Total:
$1,869.22
CENTURYLINK-QWEST
07-05 A/C 36045258342116
001-6030-522.42-10
0.27
07-23 A/C 206TO2306084B
001-6030-522.42-10
4.07
07-23 A/C 206T310164584B
001-6030-522.42-10
5.55
07-14 A/C 3604576684085B
001-6030-522.42-10
1.46
07-14 A/C 3604570411199B
001-6030-522.42-10
11.06
07-16 A/C 206T359336570B
001-6030-522.42-10
5.55
07-14 A/C 3604570831558B
001-6030-522.42-10
0.24
07-14 A/C 3604571535571 B
001-6030-522 42-10
0.39
07-14 A/C 3604570968343B
001-6030-522.42-10
0.47
Fire Department
Fire Prevention
Division Total.
$29.06
CENTURYLINK-QWEST
07-05 A/C 3604525834211B
001-6040-522.42-10
0.27
07-23 A/C 206TO2306084B
001-6040-522.42-10
4.07
07-23 A/C 206T310164584B
001-6040-522.42-10
5.55
07-14 A/C 3604576684085B
001-6040-522.42-10
1.46
07-14 A/C 36045704111998
001-6040-522 42-10
11.06
07-16 A/C 206T359336570B
001-6040-522.42-10
5.55
•
07-14 A/C 3604570831558B
001-6040-522.42-10
0.24
07-14 A/C 3604571535571 B
001-6040-522.42-10
0.39
E-17
Page 7
r}�h
City of Port Angeles
City Council Expenditure Report
From: 7/28/2012 To: 8/10/2012
Date 8/17/2012
Vendor
Description
Account Number
Invoice Amount
CENTURYLINK-QWEST
07-14 A/C 36045709683438
001-6040-522 42-10
0.47
VERIZON WIRELESS
07-10 a/c 571099962-00001
001-6040-522.42-10
69.84
Fire Department
Fire Training
Division Total.
$98.90
MRS CLEAN
BUILDING MAINT&REPAIR SER
001-6050-522.41-50
395.00
Fire Department
Facilities Maintenance
Division Total.
$395.00
CENTURYLINK-QWEST
07-05 A/C 3604525834211B
001-6060-525.42-10
1.24
07-23 A/C 206TO2306084B
001-6060-525.42-10
18.30
07-23 A/C 206T310164584B
001-6060-525.42-10
24.97
07-14 A/C 3604576684085B
001-6060-525.42-10
6.57
07-14 A/C 3604570411199B
001-6060-525.42-10
49.76
07-16 A/C 206T359336570B
001-6060-525.42-10
24.97
07-14 A/C 3604570831558B
001-6060-525.42-10
1.06
07-14 A/C 3604571535571B
001-6060-525.42-10
1.75
07-14 A/C 36045709683438
001-6060-525.42-10
2.13
Fire Department
Emergency Management
Division Total:
$130.75
Fire Department
Department Total:
$3,381.24
CANON USA, INC
RENTAL/LEASE EQUIPMENT
001-7010-532.45-31
784.44
CENTURYLINK-QWEST
07-05 A/C 3604525834211B
001-7010-532.42-10
4.27
07-23 A/C 206TO2306084B
001-7010-532.42-10
63.04
07-23 A/C 206T310164584B
001-7010-532.42-10
86.01
07-14 A/C 3604576684085B
001-7010-532.42-10
22.63
07-14 A/C 3604570411199B
001-7010-532.42-10
171.41
07-16 A/C 206T359336570B
001-7010-532.42-10
86.01
07-14 A/C 36045708315588
001-7010-532.42-10
3.65
07-14 A/C 3604571535571 B
001-7010-532.42-10
6.05
07-14 A/C 36045709683438
001-7010-532.42-10
7.34
HANSEN'S TROPHY
ENGRAVING PLATE
001-7010-532.31-01
18.97
2012 APWA Washington Chapter
CONFERENCE REGISTRATIONS
001-7010-532.43-10
850.00
OLYMPIC STATIONERS INC
SUPPLIES
001-7010-532.31-01
26.37
SUPPLIES
001-7010-532.31-01
33.60
Public Works -Gen Fnd
Pub Wks Administration
Division Total:
$2,163.79
Public Works -Gen Fnd
Department Total:
$2,163.79
ASM SIGNS
SIGNS, SIGN MATERIAL
001-8010-574.41-50
833.33
CANON USA, INC
OFFICE MACHINES & ACCESS
001-8010-574.45-31
54.07
CENTURYLINK-QWEST
07-05 A/C 36045258342118
001-8010-574.42-10
0.41
07-23 A/C 206TO2306084B
001-8010-574.42-10
6.10
07-23 A/C 206T310164584B
001-8010-574.42-10
8.32
07-14 A/C 3604576684085B
001-8010-574.42-10
2.19
07-14 A/C 3604570411199B
001-8010-574.42-10
16.59
07-16 A/C 206T359336570B
001-8010-574 42-10
8.32
07-14 A/C 36045708315588
001-8010-574.42-10
0.35
•
07-14 A/C 3604571535571B
001-8010-574.42-10
0.58
E-18
Page 8
4, .r:crq
Date 8/17/2012
City of Port Angeles
�.- City Council Expenditure Report
• �•:r% a+�� From: 7/28/2012 To: 811012012
Vendor
Description
Account Number
Invoice Amount
CENTURYLINK-QWEST
07-14 A/C 3604570968343B
001-8010-574.42-10
0.71
DEPARTMENT OF REVENUE -WIRES
Excise Tax Return -June
001-8010-347.30-20
88.24
Excise Tax Return -June
001-8010-347.90-15
91.11
UNITED PARCEL SERVICE
Shipping Chgs
001-8010-574.42-10
8.46
Parks Dept
Parks Administration
Division Total.
$1,118.78
CANON USA, INC
OFFICE MACHINES & ACCESS
001-8012-555.45-31
48.65
Contract Charge
001-8012-555.45-31
181.94
CENTURYLINK-QWEST
07-05 A/C 3604525834211B
001-8012-555.42-10
0.41
07-14 a/c 3604577004947B
001-8012-555.42-10
42.24
07-20 a/c 206T217227465B
001-8012-555.42-10
57.46
07-05 a/c 3604529861819B
001-8012-555.42-10
44.53
07-23 A/C 206TO2306084B
001-8012-555.42-10
610
07-23 A/C 206T310164584B
001-8012-555.42-10
832
07-14 A/C 36045766840858
001-8012-555.42-10
2.19
07-14 A/C 3604570411199B
001-8012-555.42-10
16.59
07-16 A/C 206T359336570B
001-8012-555.42-10
8.32
07-14 A/C 3604570831558B
001-8012-555.42-10
0.35
07-14 A/C 3604571535571 B
001-8012-555.42-10
0.58
07-14 A/C 3604570968343B
001-8012-555.42-10
0.71
• Parks Dept
Senior Center
Division Total.
$418.39
ANGELES MILLWORK & LUMBER CO
LUMBER& RELATED PRODUCTS
001-8050-536.31-20
69.93
CENTURYLINK-QWEST
07-05 A/C 3604525834211B
001-8050-536.42-10
0.27
07-23 A/C 206TO2306084B
001-8050-536.42-10
4.07
07-23 A/C 206T310164584B
001-8050-536.42-10
5.55
07-14 A/C 36045766840856
001-8050-536.42-10
1.46
07-14 A/C 3604570411199B
001-8050-536.42-10
11.06
07-16 A/C 206T359336570B
001-8050-536.42-10
5.55
07-14 A/C 3604570831558B
001-8050-536.42-10
0.24
07-14 A/C 3604571535571 B
001-8050-536.42-10
0.39
07-14 A/C 3604570968343B
001-8050-536.42-10
0.47
DEPARTMENT OF REVENUE -WIRES
Excise Tax Return -June
001-8050-343.60-12
6.27
Excise Tax Return -June
001-8050-343.60-13
47.88
Excise Tax Return -June
001-8050-343.60-14
6.73
Excise Tax Return -June
001-8050-343.60-15
35.28
Excise Tax Return -June
001-8050-343.60-16
33.60
Excise Tax Return -June
001-8050-536.49-50
2.84
QUIRING MONUMENTS INC
CEMETERY MARKERS
001-8050-536.34-01
90.00
SUNSET DO -IT BEST HARDWARE
RENTAULEASE EQUIPMENT
001-8050-536.45-30
14.09
WASHINGTON (OASI), STATE OF
2nd Quarter Unemployment
001-8050-536.20-60
-1.20
Parks Dept
Ocean View Cemetery
Division Total:
$334.48
ANGELES MILLWORK & LUMBER CO
HARDWARE,AND ALLIED ITEMS
001-8080-576.31-20
5.84
PAINTS,COATINGS,WALLPAPER
001-8080-576.31-20
86.74
E-19
Page 9
.c"'f'i`141',?��
Date 8/17/2012
City of Port Angeles
City Council Expenditure Report
'r'',°•���^
From: 7/28/2012
To: 8/10/2012
Vendor
Description
Account Number
Invoice Amount
ANGELES MILLWORK & LUMBER CO
PAINTS, COATINGS,WALLPAPER
001-8080-576.31-20
47.73
PAINTS,COATINGS,WALLPAPER
001-8080-576.31-20
9.73
HARDWARE,AND ALLIED ITEMS
001-8080-576.31-20
19.71
PAINTS,COATINGS,WALLPAPER
001-8080-576.31-20
14.60
B & B SHARPENING SERVICE/REPAIR
LAWN MAINTENANCE EQUIP
001-8080-576.48-10
173.44
LAWN MAINTENANCE EQUIP
001-8080-576.48-10
-173.44
CENTURYLINK-QWEST
07-05 A/C 36045258342118
001-8080-576.42-10
1.37
07-23 A/C 206TO2306084B
001-8080-576 42-10
20.33
07-23 A/C 206T310164584B
001-8080-576.42-10
27.74
07-14 A/C 3604576684085B
001-8080-576.42-10
7.30
07-14 A/C 3604570411199B
001-8080-576.42-10
55.29
07-16 A/C 206T359336570B
001-8080-576.42-10
27.74
07-14 A/C 3604570831558B
001-8080-576.42-10
1.18
07-14 A/C 3604571535571 B
001-8080-576.42-10
1.95
07-14 A/C 3604570968343B
001-8080-576.42-10
2.36
CERTIFIED HEARING INC
EAR PROTECTION DEVICES
001-8080-576.31-01
130.00
CROP PRODUCTION SERVICES, INC
SEED,SOD,SOIL&INOCULANT
001-8080-576.31-40
894.30
DEPARTMENT OF REVENUE -WIRES
Excise Tax Return -June
001-8080-347.30-18
829.62
FASTENAL INDUSTRIAL
HARDWARE,AND ALLIED ITEMS
001-8080-576.31-20
33.76
FERGUSON ENTERPRISES INC
PLUMBING EQUIP FIXT,SUPP
001-8080-576.31-20
236.60
•
HERMANN BROS LOGGING & CONST
BUILDING MAINT&REPAIR SER
001-8080-576.31-20
16.80
HORIZON
AGRICULTURAL EQUIP&IMPLEM
001-8080-576.31-20
595.06
AGRICULTURAL EQUIP&IMPLEM
001-8080-576.31-20
773.13
AGRICULTURAL EQUIP&IMPLEM
001-8080-576.31-20
-209.66
AGRICULTURAL EQUIP&IMPLEM
001-8080-576.31-20
-563.47
AGRICULTURAL EQUIP&IMPLEM
001-8080-576.31-20
782.97
LAWN EQUIPMENT SUPPLY
LAWN MAINTENANCE EQUIP
001-8080-576.31-01
49.71
LAWN MAINTENANCE EQUIP
001-8080-576.31-01
67.31
Intelligent Products Inc
MUTT MITT PARK DISPENSERS
001-8080-576.31-20
402.54
PAINT STORE, THE
PAINTS,COATINGS,WALLPAPER
001-8080-576.31-20
121.30
QUIRING MONUMENTS INC
CEMETERY MARKERS
001-8080-576.31-20
407.00
SHARP ELECTRONICS CORP
RENTAULEASE EQUIPMENT
001-8080-576.45-31
49.07
SKAGIT GARDENS INC
NURSERY STOCK & SUPPLIES
001-8080-576.31-40
1,894.82
NURSERY STOCK & SUPPLIES
001-8080-576.31-40
-189.88
SUNSET DO -IT BEST HARDWARE
HARDWARE,AND ALLIED ITEMS
001-8080-576.31-01
-69.03
FASTENERS, FASTENING DEVS
001-8080-576.31-20
6.42
HARDWARE,AND ALLIED ITEMS
001-8080-576.31-20
2319
PLUMBING EQUIP FIXT,SUPP
001-8080-576.31-20
29.42
RENTAULEASE EQUIPMENT
001-8080-576.45-30
21.14
SWAIN'S GENERAL STORE INC
PLUMBING EQUIP FIXT,SUPP
001-8080-576.31-20
77.70
JANITORIAL SUPPLIES
001-8080-576.31-20
21.55
•
THURMAN SUPPLY
HARDWARE,AND ALLIED ITEMS
001-8080-576.31-20
12.46
E-20
Page 10
Date, 8/17/2012
• r``�`�
City of Port Angeles
City Council Expenditure Report
From: 712812012
To: 8/10/2012
Vendor
Description
Account Number
Invoice Amount
WASHINGTON (OASI), STATE OF
2nd Quarter Unemployment
001-8080-576.20-60
842.00
2nd Quarter Unemployment
001-8080-576.20-60
194.61
2nd Quarter Unemployment
001-8080-576.20-60
23.47
2nd Quarter Unemployment
001-8080-576.20-60
8.41
Parks Dept
Park Facilities
Division Total.
$7,841.93
FEIRO MARINE LIFE CENTER
2ND QUARTER
001-8090-576.41-50
5,062.00
Parks Dept
Marine Life Center
Division Total:
$5,062.00
Parks Dept
Department Total:
$14,775.58
AMSAN
JANITORIAL SUPPLIES
001-8130-518.31-01
7.52
CENTURYLINK-QWEST
07-05 A/C 3604525834211B
001-8130-518.42-10
0.14
07-23 A/C 206TO2306084B
001-8130-518.42-10
2.03
07-23 A/C 206T310164584B
001-8130-518.42-10
2.77
07-14 A/C 3604576684085B
001-8130-518.42-10
0.73
07-14 A/C 3604570411199B
001-8130-518.42-10
5.53
07-16 A/C 206T3593365706
001-8130-518.42-10
2.77
07-14 A/C 3604570831558B
001-8130-518.42-10
0.12
07-14 A/C 3604571535571 B
001-8130-518.42-10
019
07-14 A/C 3604570968343B
001-8130-518.42-10
0.24
MATTHEWS INTERNATIONAL
SWAIN'S GENERAL STORE INC
CEMETERY MARKERS
HARDWARE,AND ALLIED ITEMS
001-8130-518.31-01
001-8130-518.31-01
212.96
17.79
Facilities Maintenance
Custodial/Janitorial Svcs
Division Total:
$252.79
ANGELES MILLWORK & LUMBER CO
HAND TOOLS ,POW&NON POWER 001-8131-518.35-01
10.84
CENTURYLINK-QWEST
07-05 A/C 3604525834211B
001-8131-518.42-10
0.14
07-05 a/c 3604523954268B
001-8131-518.42-10
82.53
07-16 a/c 20673557247686
001-8131-518.42-10
57.46
07-23 A/C 206TO2306084B
001-8131-518.42-10
2.03
07-23 A/C 206T310164584B
001-8131-518.42-10
2.77
07-14 A/C 3604576684085B
001-8131-518.42-10
0.73
07-14 A/C 3604570411199B
001-8131-518.42-10
5.53
07-16 A/C 206T35933657013
001-8131-518.42-10
2.77
07-14 A/C 3604570831558B
001-8131-518.42-10
0.12
07-14 A/C 3604571535571B
001-8131-518.42-10
0.19
07-14 A/C 3604570968343B
001-8131-518 42-10
0.24
SWAIN'S GENERAL STORE INC
MATERIAL HNDLING&STOR EQP
001-8131-518.35-01
14.44
TYCO INTEGRATED SECURITY
SECURITY, FIRE, SAFETY SERV
001-8131-518.42-10
54.14
Facilities Maintenance
Central Svcs Facilities
Division Total:
$233.93
Facilities Maintenance
Department Total:
$486.72
BILL'S PLUMBING & HEATING INC
SHANE PARK SANICANS
001-8221-574.31-01
180.00
CENTURYLINK-QWEST
07-05 A/C 36045258342116
001-8221-574.42-10
0.14
07-23 A/C 206TO2306084B
001-8221-574.42-10
203
07-23 A/C 206T310164584B
001-8221-574.42-10
2.77
07-14 A/C 3604576684085B
001-8221-574.42-10
0.73
E-21
Page
11
� Date* 8/17/2012
City of Port Angeles
City Council Expenditure Report
rr ✓'� From: 712812012 To: 8/1012012
Vendor
Description
Account Number
Invoice Amount
CENTURYLINK-QWEST
07-14 A/C 3604570411199B
001-8221-574 42-10
5.53
07-16 A/C 206T359336570B
001-8221-574.42-10
2.77
07-14 A/C 36045708315588
001-8221-574.42-10
0.12
07-14 A/C 3604571535571 B
001-8221-574.42-10
0.19
07-14 A/C 3604570968343B
001-8221-574.42-10
0.24
CHAPMAN JR, HOWARD E
UMPIRE PAYMENT
001-8221-574.41-50
110.00
PIMENTEL, HENRY
UMPIRE PAYMENT
001-8221-574.41-50
88.00
RAMSEY, SCOTT
UMPIRE PAYMENT
001-8221-574.41-50
220.00
ROONEY, RANDY L
UMPIRE PAYMENT
001-8221-574.41-50
220.00
SWAIN'S GENERAL STORE INC
SPORTING & ATHLETIC EQUIP
001-8221-574.31-01
619.28
THAYER, JEFFREY
UMPIRE PAYMENT
001-8221-574.41-50
154.00
THOMAS, GREGORY
UMPIRE PAYMENT
001-8221-574.41-50
44.00
Recreation Activities
Sports Programs
Division Total:
$1,649.80
CANON USA, INC
OFFICE MACHINES & ACCESS
001-8222-574.45-31
270.18
CENTURYLINK-QWEST
07-05 A/C 36045258342116
001-8222-574.42-10
0.14
07-23 A/C 206TO2306084B
001-8222-574.42-10
2.03
07-23 A/C 206T310164584B
001-8222-574.42-10
2.77
07-14 A/C 3604576684085B
001-8222-574.42-10
0.73
07-14 A/C 3604570411199B
001-8222-574 42-10
5.53
07-16 A/C 206T359336570B
001-8222-574.42-10
2.77
•
07-14 A/C 3604570831558B
001-8222-574.42-10
0.12
07-14 A/C 3604571535571B
001-8222-574.42-10
0.19
07-14 A/C 3604570968343B
001-8222-574.42-10
0.24
DISTRICT 13
$5.00 PER TEAM FOR SOFTBA
001-8222-574.41-50
60.00
Recreation Activities
Special Events
Division Total:
$344.70
ALBERTSONS INC
SUPPLIES
001-8224-574.31-01
44.47
SUPPLIES
001-8224-574.31-01
27.23
CANON USA, INC
OFFICE MACHINES & ACCESS
001-8224-574.45-31
135.09
CENTURYLINK-QWEST
07-05 A/C 36045258342118
001-8224-574.42-10
0.14
07-23 A/C 206TO2306084B
001-8224-574.42-10
2.03
07-23 A/C 206T310164584B
001-8224-574.42-10
2.77
07-14 A/C 3604576684085B
001-8224-574.42-10
0.73
07-14 A/C 3604570411199B
001-8224-574.42-10
5.53
07-16 A/C 206T359336570B
001-8224-574.42-10
2.77
07-14 A/C 3604570831558B
001-8224-574.42-10
0.12
07-14 A/C 3604571535571 B
001-8224-574.42-10
0.19
07-14 A/C 3604570968343B
001-8224-574.42-10
0.24
CLALLAM TRANSIT SYSTEM
DAY CAMP TRIP TICKETS
001-8224-574.31-01
90.00
PORT ANGELES CITY TREASURER
Day Camp Ice Cream
001-8224-574.31-01
20.39
Bridge toll/Gas-Mozingo
001-8224-574.43-10
20.00
SWAIN'S GENERAL STORE INC
SUPPLIES
001-8224-574.31-01
7.09
•
Recreation Activities
Youth/Family Programs
Division Total.
$358.79
E-22
Page 12
6, •q:i7q .
Vic• Ez� Date 8/17/2012
City of Port Angeles
City Council Expenditure Report
• r}'` s�� "n From: 7/28/2012 To: 8/10/2012
Vendor
Description
Account Number
Invoice Amount
Recreation Activities
Department Total:
$2,353.29
General Fund
Fund Total:
$171,795.98
ANGELES MILLWORK & LUMBER CO
HARDWARE,AND ALLIED ITEMS
102-7230-542.31-20
22.88
HARDWARE,AND ALLIED ITEMS
102-7230-542.31-20
22.88
HARDWARE,AND ALLIED ITEMS
102-7230-542.31-20
45.77
BLAKE SAND & GRAVEL
ROAD/HWY MAT NONASPHALTIC
102-7230-542.31-01
554.33
CENTURYLINK-QWEST
07-05 A/C 3604525834211 B
102-7230-542 42-10
0.69
07-23 A/C 206TO2306084B
102-7230-542.42-10
10.17
07-23 A/C 206T310164584B
102-7230-542.42-10
13.87
07-14 A/C 3604576684085B
102-7230-542.42-10
3.65
07-14 A/C 3604570411199B
102-7230-542.42-10
27.65
07-16 A/C 206T359336570B
102-7230-542.42-10
13.87
07-14 A/C 3604570831558B
102-7230-542.42-10
0.59
07-14 A/C 3604571535571 B
102-7230-542.42-10
0.98
07-14 A/C 3604570968343B
102-7230-542.42-10
1.18
CERTIFIED HEARING INC
EAR PROTECTION DEVICES
102-7230-542.31-01
650.00
HARTNAGEL BUILDING SUPPLY INC
FASTENERS, FASTENING DEVS
102-7230-542.31-20
31.07
FASTENERS, FASTENING DEVS
102-7230-542.31-20
40.93
HAND TOOLS ,POW&NON POWER 102-7230-542.31-20
33.28
LAKESIDE INDUSTRIES INC
ROAD/HWY MATERIALS ASPHLT
102-7230-542.31-20
625.20
ROAD/HWY MATERIALS ASPHLT
102-7230-542.31-20
4,727.97
ROAD/HWY MATERIALS ASPHLT
102-7230-542.31-20
8,444.14
ROAD/HWY MATERIALS ASPHLT
102-7230-542.31-25
699.20
Cody Romero
MEAL REIMBURSEMENTS
102-7230-542.31-01
61.00
Jad Groves
MEAL REIMBURSEMENTS
102-7230-542.31-01
61.00
Jeff Boster
MEAL REIMBURSEMENT
102-7230-542.31-01
30.50
Rick Hartley
MEAL REIMBURSEMENT
102-7230-542.31-01
30.50
PUD #1 OF CLALLAM COUNTY
SR 101 & Euclid
102-7230-542.47-10
14.72
Lauridsen & L St
102-7230-542.47-10
13.41
SHARP ELECTRONICS CORP
RENTAULEASE EQUIPMENT
102-7230-542.45-31
49.06
SUNSET DO -IT BEST HARDWARE
FASTENERS, FASTENING DEVS
102-7230-542.31-01
0.52
SUPPLIES
102-7230-542.31-20
16.57
FUEL,OIL,GREASE, & LUBES
102-7230-542.35-01
31.69
SWAIN'S GENERAL STORE INC
CLOTHING & APPAREL
102-7230-542.31-01
60.24
Public Works -Street
Street
Division Total:
$16,339.51
Public Works -Street
Department Total:
$16,339.51
Street Fund
Fund Total.
$16,339.51
CENTURYLINK-QWEST
07-05 A/C 3604525834211B
103-1511-558.42-10
0.07
07-23 A/C 206TO2306084B
103-1511-558.42-10
1.02
07-23 A/C 206T310164584B
103-1511-558.42-10
1.39
•
07-14 A/C 3604576684085B
103-1511-558.42-10
0.37
07-14 A/C 3604570411199B
103-1511-558.42-10
2.76
E-23
Page 13
Page 14
Date 8/17/2012
City of Port Angeles
aFrom:
City Council Expenditure
Report
r.�
712812012
To: 811012012
Vendor
Description
Account Number
Invoice Amount
CENTURYLINK-QWEST
07-16 A/C 206T359336570B
103-1511-558.42-10
1.39
07-14 A/C 3604570831558B
103-1511-558.42-10
0.06
07-14 A/C 36045715355718
103-1511-558.42-10
0.10
07-14 A/C 3604570968343B
103-1511-558.42-10
0.12
PORT ANGELES CITY TREASURER
PABA Mtg-West
103-1511-558.31-01
19.31
WTIP Mtg-West/Korcz
103-1511-558.31-01
21.97
PABA Mtg-West
103-1511-558.31-01
9.29
Economic Development
Economic Development
Division Total:
$57.85
Economic Development
Department Total.
$57.85
Economic Development
Fund Total:
$57.85
CENTURYLINK-QWEST
07-05 A/C 3604525834211B
106-1512-558.42-10
0.14
07-23 A/C 206TO2306084B
106-1512-558.42-10
2.03
07-23 A/C 206T310164584B
106-1512-558.42-10
2.77
07-14 A/C 3604576684085B
106-1512-558.42-10
0.73
07-14 A/C 3604570411199B
106-1512-558.42-10
5.53
07-16 A/C 206T359336570B
106-1512-558.42-10
2.77
07-14 A/C 3604570831558B
106-1512-558.42-10
0.12
07-14 A/C 3604571535571 B
106-1512-558.42-10
0.19
DELL MARKETING LP
07-14 A/C 3604570968343B
COMPUTER HARDWARE&PERIPHI
106-1512-558.42-10
106-1512-558.31 -01
0.24
173.44
VERIZON WIRELESS
07-15 a/c 264230412-00003
106-1512-558.42-10
37.45
Economic Development
Archaeologist
Division Total.
$225.41
Economic Development
Department Total:
$225.41
Cultural Resources
Fund Total:
$225.41
AHRENS, KENNETH E
Rental Fees
107-5160-528.45-30
700.00
CAPTAIN T'S
CLOTHING & APPAREL
107-5160-528.20-80
74.23
CENTURYLINK-QWEST
07-05 A/C 3604525834211B
107-5160-528.42-10
3.71
07-23 A/C 206TO2306084B
107-5160-528 42-10
54.90
07-23 A/C 206T310164584B
107-5160-528.42-10
74.91
07-14 A/C 3604576684085B
107-5160-528.42-10
19.71
07-14 A/C 36045704111998
107-5160-528 42-10
149.29
07-16 A/C 206T359336570B
107-5160-528.42-10
74.91
07-14 A/C 36045708315588
107-5160-528.42-10
3.20
07-14 A/C 3604571535571 B
107-5160-528.42-10
5.26
07-14 A/C 3604570968343B
107-5160-528.42-10
6.38
CLALLAM CNTY INFORMATION TECHNOL MANAGEMENT SERVICES
107-5160-528.51-01
18,000.00
QUILL CORPORATION
OFFICE SUPPLIES, GENERAL
107-5160-528.31-01
20.74
COMPUTERS,DP & WORD PROC.
107-5160-528.31-01
379.37
OFFICE SUPPLY,INKS,LEADS
107-5160-528.31-01
7.79
COMPUTERS,DP & WORD PROC.
107-5160-528.31-01
97.21
Pencom
Pencom
Division Total:
$19,671.61
.
Pencom
Department Total:
$19,671.61
E-24
Page 14
City of Port Angeles
City Council Expenditure Report
. From: 7/28/2012 To: 8/10/2012
Vendor Description Account Number
Pencom Fund Fund Total
BANK OF NEW YORK -DEBT SVC WIRE FINANCIAL SERVICES 214-2434-591.71-10
FINANCIAL SERVICES 214-2434-592.83-10
Debt Service 2005 LTGO Bond-WUGA Division Total:
Debt Service Department Total:
2005 LTGO Bond-WUGA Fund Total:
WASHINGTON (DOT), STATE OF
PW CONSTRUCTION & RELATED
310-7930-595 41-50
Capital Projects -Pub Wks
GF -Street Projects
Division Total.
DAILY JOURNAL OF COMMERCE
COMMUNICATIONS/MEDIA SERV
310-7961-595.65-10
FARALLON CONSULTING, LLC
TESTING&CALIBRATION SERVI
310-7961-595.41-50
PORT ANGELES CITY TREASURER
WTIP lunch -West
310-7961-595.41-50
WA STATE DEPARTMENT OF ECOLOGY
ENVI RON MENTAL&ECOLOG ICAL
310-7961-595 41-50
Capital Projects -Pub Wks
ST -Sidewalk Improvement
Division Total:
FINAL BILL REFUND
Capital Projects -Pub Wks
Department Total:
VIKING AUTOMATIC SPRINKLER COMPA�EQUIP
MAINT & REPAIR SERV
310-8985-594.65-10
Capital Proj-Parks & Rec
Misc Parks Projects
Division Total.
401-0000-122.10-99
Capital Proj-Parks & Rec
Department Total:
Date 8/17/2012
Invoice Amount
$19,671.61
140,000.00
54,432.50
$194,432.50
$194,432.50
$194,432.50
91.14
$91.14
851.00
13,783.06
26.76
519.00
$15,179.82
$15,270.96
3,068.00
$3,068.00
$3,068.00
Capital Improvement
Fund Total.
$18,338.96
isDEPARTMENT OF REVENUE -WIRES
Excise Tax Return -June
401-0000-237.00-00
795.05
Excise Tax Return -June
401-0000-237.10-00
245.07
ALLMAN JR, ROBERT M
FINAL BILL REFUND
401-0000-122.10-99
109.56
BEADLE, EMILY C
FINAL BILL REFUND
401-0000-122.10-99
134.47
CORTEZ-ESTRADA, ARISTIDES
FINAL BILL REFUND
401-0000-122.10-99
50.46
ELLIS, JESTINE LYN
OVERPAYMENT -221 W 3RD ST
401-0000-122.10-99
135.85
FERGUSON, HANK
UTILITY DEPOSIT REFUND
401-0000-122.10-99
250.00
MOE, HEIDI K
CREDIT BALANCE REFUND
401-0000-122.10-99
76.94
NEWTON, HOLLY J
UTILITY DEPOSIT REFUND
401-0000-122.10-99
125.00
UTILITY DEPOSIT REFUND
401-0000-122.10-99
125.00
RAYMOND, LINDSEY C
FINAL BILL REFUND
401-0000-122.10-99
102.58
TURNER, JAMES M
UTILITY DEPOSIT REFUND
401-0000-122.10-99
250.00
WESCO DISTRIBUTION INC
ELECTRICAL EQUIP & SUPPLY
401-0000-141.41-00
919.23
ELECTRICAL EQUIP & SUPPLY
401-0000-141.41-00
2,698.51
Division Total.
$6,017.72
Department Total:
$6,017.72
CENTURYLINK-QWEST
07-05 A/C 36045258342118
401-7111-533 42-10
0.41
07-23 A/C 206TO2306084B
401-7111-533.42-10
6.10
07-23 A/C 206T310164584B
401-7111-533.42-10
8.32
07-14 A/C 3604576684085B
401-7111-533.42-10
2.19
07-14 A/C 3604570411199B
401-7111-533.42-10
16.59
is
07-16 A/C 206T359336570B
401-7111-533 42-10
8.32
07-14 A/C 3604570831558B
401-7111-533 42-10
0.35
07-14 A/C 3604571535571 B
401-7111-533.42-10
0.59
E-25
Page 15
01a"r Date- 8/17/2012
" City of Port Angeles
City Council Expenditure Report
From: 7/28/2012 To: 8/10/2012
Vendor
Description
Account Number
Invoice Amount
CENTURYLINK-QWEST
07-14 A/C 3604570968343B
401-7111-533 42-10
0.71
Public Works -Electric
Engineering -Electric
Division Total:
$43.58
CENTURYLINK-QWEST
07-05 A/C 3604525834211B
401-7120-533.42-10
0.41
07-23 A/C 206TO2306084B
401-7120-533 42-10
6.10
07-23 A/C 206T310164584B
401-7120-533.42-10
8.32
07-14 A/C 3604576684085B
401-7120-533.42-10
2.19
07-14 A/C 3604570411199B
401-7120-533.42-10
16.59
07-16 A/C 206T359336570B
401-7120-533.42-10
8.32
07-14 A/C 3604570831558B
401-7120-533.42-10
0.35
07-14 A/C 3604571535571 B
401-7120-533.42-10
0.59
07-14 A/C 3604570968343B
401-7120-533.42-10
0.71
Public Works -Electric
Power Systems
Division Total:
$43.58
CENTURYLINK-QWEST
07-05 A/C 36045258342118
401-7180-533 42-10
3.30
07-02 a/c 3604178095336B
401-7180-533.42-10
44.53
07-05 a/c 3604529541353B
401-7180-533.42-10
41.27
07-05 a/c 36045262367768
401-7180-533.42-10
43.79
07-14 lac 3604574717777B
401-7180-533.42-10
125.99
07-02 a/c 206ZO20411942B
401-7180-533.42-10
96.69
07-16 a/c 206T3261570712
401-7180-533 42-10
54.54
07-16 a/c 206T323881998B
401-7180-533.42-10
54.54
07-16 a/c 206T323879996B
401-7180-533.42-10
54.54
07-23 A/C 206TO2306084B
401-7180-533.42-10
48.80
07-23 A/C 206T310164584B
401-7180-533.42-10
66.59
07-14 A/C 3604576684085B
401-7180-533 42-10
17.52
07-14 A/C 3604570411199B
401-7180-533.42-10
132.70
07-16 A/C 206T359336570B
401-7180-533 42-10
6659
07-14 A/C 3604570831558B
401-7180-533.42-10
2.84
07-14 A/C 3604571535571 B
401-7180-533 42-10
4.68
07-14 A/C 3604570968343B
401-7180-533.42-10
5.67
07-16 a/c 206T322760994B
401-7180-533.42-10
54.54
DEPARTMENT OF REVENUE -WIRES
Excise Tax Return -June
401-7180-533.49-50
103,988 49
INSIGHT PUBLIC SECTOR
VISUAL EDUCATION EQUIPMNT
401-7180-533.31-60
1,364.02
VISUAL EDUCATION EQUIPMNT
401-7180-533.31-60
253.22
MASON COUNTY PUD #3
EDUCATIONAL SERVICES
401-7180-533.41-50
3,686.16
LINCOLN BREITHAUPT
401-7180-322.10-28
170.00
401-7180-322.10-28
-170.00
Logan Deane
MEAL REIMBURSEMENT
401-7180-533.31-01
30.50
Richard Hixson
MEAL REIMBURSEMENTS
401-7180-533.31-01
122.00
Vern Daugaard
MEAL REIMBURSEMENT
401-7180-533.31-01
30.50
CHURCH OF CHRIST
DIFFERENCE IN COST VERSUS
401-7180-379.00-00
831.04
HOUSING AUTHORITY
JOB REIMBURSEMENT
401-7180-379.00-00
4,279.75
THE ALBERT HALL Co LLC
ELECTRICAL SERVICES REIMB
401-7180-379.00-00
1,930.21
E-26
Page 16
4,.t Ftp , •
mss• {
Date 8/17/2012
City of Port
Angeles
IFM
City Council Expenditure Report
•
r""PIP
From: 7/28/2012
To: 811012012
Vendor
Description
Account Number
Invoice Amount
PORT ANGELES CITY LIGHT
Bottled Water
401-7180-533.31-01
3.34
Pens
401-7180-533.31-01
30.83
Bottled Water
401-7180-533.31-01
4.50
Vaseline
401-7180-533.31-01
8.17
Coffee/Snack-Training
401-7180-533.31-01
32.98
PORT OF PORT ANGELES
Lease Fees
401-7180-533.45-30
4,100.00
SIMMCO, LLC
BUILDING MAINT&REPAIR SER
401-7180-533.48-10
9,598.82
WASHINGTON (OAST), STATE OF
2nd Quarter Unemployment
401-7180-533.20-60
3,498.00
WESCO DISTRIBUTION INC
ELECTRICAL EQUIP & SUPPLY
401-7180-533.34-02
135.45
Public Works -Electric
Electric Operations
Division Total:
$134,847.10
Public Works -Electric
Department Total:
$134,934.26
Electric Utility Fund
Fund Total:
$140,951.98
DEPARTMENT OF REVENUE -WIRES
Excise Tax Return -June
402-0000-237.00-00
113.69
FERGUSON ENTERPRISES INC
PIPE FITTINGS
402-0000-141.40-00
1,906.04
PIPE FITTINGS
402-0000-141.40-00
508.70
PLUMBING EQUIP FIXT,SUPP
402-0000-141.40-00
1,160.13
Division Total:
$3,688.56
Department Total.
$3,688.56
GARDEN CENTER
SEED,SOD,SOIL&INOCULANT
402-7380-534.31-20
45.52
•AIRPORT
AMSAN
JANITORIAL SUPPLIES
402-7380-534.31-01
12.02
JANITORIAL SUPPLIES
402-7380-534.31-01
9.19
ANDERSON & SONS GRAVEL
ROAD/HWY MAT NONASPHALTIC
402-7380-534.31-20
447.15
BAXTER AUTO PARTS #15
AUTO & TRUCK ACCESSORIES
402-7380-534.31-20
31.73
BLAKE SAND & GRAVEL
SEED,SOD,SOIL&INOCULANT
402-7380-534.31-20
51.71
CENTURYLINK-QWEST
07-05 A/C 3604525834211B
402-7380-534.42-10
1.24
07-14 a/c 3604571270975B
402-7380-534.42-10
178.02
07-23 A/C 206TO2306084B
402-7380-534.42-10
18.30
07-23 A/C 206T310164584B
402-7380-534.42-10
24.97
07-14 A/C 36045766840858
402-7380-534.42-10
6.57
07-14 A/C 3604570411199B
402-7380-534.42-10
49.76
07-16 A/C 206T359336570B
402-7380-534.42-10
24.97
07-14 A/C 3604570831558B
402-7380-534.42-10
1.07
07-14 A/C 3604571535571 B
402-7380-534.42-10
1.76
07-14 A/C 3604570968343B
402-7380-534.42-10
2.13
07-23 a/c 206T411255315B
402-7380-534.42-10
64.59
CERTIFIED HEARING INC
EAR PROTECTION DEVICES
402-7380-534.31-01
260.00
DEPARTMENT OF REVENUE -WIRES
Excise Tax Return -June
402-7380-534.49-50
17,840.75
EDGE ANALYTICAL
TESTING&CALIBRATION SERVI
402-7380-534.41-50
256.00
FERGUSON ENTERPRISES INC
EQUIP MAINT & REPAIR SERV
402-7380-534.35-01
784.65
SUPPLIES
402-7380-534.35-01
154.75
•
HACH COMPANY
WATER&SEWER TREATING CHEM402-7380-534.31-05
1,116.25
ERNIE KLIMEK
TESTING FEE REIMBURSEMENT
402-7380-534.43-10
87.00
E - 27
Page
17
Date 8/17/2012
il City of Port Angeles
City Council Expenditure Report
From: 7/28/2012 To: 8/10/2012
Vendor
Description
Account Number
Invoice Amount
JASON BAAR
PARTS ORDER - REIMBURSEME
402-7380-534.31-20
60.00
PARTS ORDER - REIMBURSEME
402-7380-534.31-20
60.00
POLLARD CO INC, JOSEPH G
PIPE FITTINGS
402-7380-534.31-20
47565
PUD #1 OF CLALLAM COUNTY
Service @ Reservoir Rd
402-7380-534.47-10
54.20
Crown Z Water Rd
402-7380-534.47-10
27.16
SEARS COMMERCIAL ONE
ELECTRICAL EQUIP & SUPPLY
402-7380-534.35-01
51.69
HAND TOOLS ,POW&NON POWER 402-7380-534.35-01
87.71
SHARP ELECTRONICS CORP
RENTAL/LEASE EQUIPMENT
402-7380-534.45-31
49.06
SUNSET DO -IT BEST HARDWARE
FIRE PROTECTION EQUIP/SUP
402-7380-534.31-20
55.60
FASTENERS, FASTENING DEVS
402-7380-534.31-20
50.08
THURMAN SUPPLY
PIPE AND TUBING
402-7380-534.31-20
4.21
TWISS ANALYTICAL LABORATORIES
TESTI NG&CALIB RATION SERVI
402-7380-534.41-50
236.00
WASHINGTON (OAST), STATE OF
2nd Quarter Unemployment
402-7380-534.20-60
176.99
Public Works -Water
Water
Division Total:
$22,858.45
Public Works -Water
Department Total:
$22,858.45
Water Fund
Fund Total:
$26,547.01
DEPARTMENT OF REVENUE -WIRES
Excise Tax Return -June
403-0000-237.00-00
52.76
NORTHERN SAFETY CO INC
FIRST AID & SAFETY EQUIP.
403-0000-237.00-00
-17.96
PORT ANGELES CITY TREASURER
Digital Camera Batteries
403-0000-237.00-00
-0.93
Division Total:
$33.87
Department Total:
$33.87
AIR FLO HEATING COMPANY INC
EQUIPMENT MAINTENANCE,REC
403-7480-535.48-10
746.88
BAXTER AUTO PARTS #15
FASTENERS, FASTENING DEVS
403-7480-535.31-20
8.41
CENTURYLINK-QWEST
07-05 A/C 3604525834211B
403-7480-535.42-10
1.10
07-14 a/c 3604576315689B
403-7480-535.42-10
82.53
07-14 a/c 3604574859247B
403-7480-535.42-10
8242
07-16 a/c 206T32558509013
403-7480-535.42-10
54.40
07-16 a/c 206T329544912B
403-7480-535.42-10
54.40
07-23 A/C 206TO2306084B
403-7480-535.42-10
16.27
07-23 A/C 206T31016458413
403-7480-535 42-10
22.20
07-14 A/C 36045766840858
403-7480-535.42-10
5.84
07-14 A/C 3604570411199B
403-7480-535 42-10
44.23
07-16 A/C 206T35933657013
403-7480-535.42-10
22.20
07-14 A/C 3604570831558B
403-7480-535 42-10
0.95
07-14 A/C 3604571535571 B
403-7480-535.42-10
1.56
07-14 A/C 3604570968343B
403-7480-535.42-10
1.88
CERTIFIED HEARING INC
EAR PROTECTION DEVICES
403-7480-535.31-01
520.00
DEPARTMENT OF REVENUE -WIRES
Excise Tax Return -June
403-7480-535.49-50
13,494.61
FAMILY SHOE STORE
FIRST AID & SAFETY EQUIP
403-7480-535.31-01
151 72
FASTENAL INDUSTRIAL
SUPPLIES
403-7480-535.31-01
71.98
HAND TOOLS ,POW&NON POWER 403-7480-535.35-01
17.99
GRAINGER
PUMPS & ACCESSORIES
403-7480-535.31-20
894.84
E-28
Page 18
0
•
Date: 8/17/2012
City of Port Angeles
City Council Expenditure Report
• '"°!*r From: 7/28/2012 To: 8110/2012
Vendor
Description
Account Number
Invoice Amount
HACH COMPANY
SUPPLIES
403-7480-535.31-20
170.73
HARTNAGEL BUILDING SUPPLY INC
LUMBER& RELATED PRODUCTS
403-7480-535.31-01
31.85
HEARTLINE
HARDWARE,AND ALLIED ITEMS
403-7480-535.31-20
60.63
NAPA AUTO PARTS
FUEL,OIL,GREASE, & LUBES
403-7480-535.31-01
37.83
HAND TOOLS ,POW&NON POWER 403-7480-535.35-01
14.29
NORTHERN SAFETY CO INC
FIRST AID & SAFETY EQUIP.
403-7480-535.31-01
231.77
O'REILLY AUTO PARTS
FASTENERS, FASTENING DEVS
403-7480-535.31-20
22.51
OLYMPIC STATIONERS INC
SUPPLIES
403-7480-535.31-01
53.90
SUPPLIES
403-7480-535.31-01
80.97
PETTIT OIL COMPANY
FUEL,OIL,GREASE, & LUBES
403-7480-535.32-11
382.27
PORT ANGELES CITY TREASURER
Digital Camera Batteries
403-7480-535.31-01
11.92
Postage -Young
403-7480-535.42-10
8.15
Prepaid phone card -Freed
403-7480-535.42-10
32.52
PUD #1 OF CLALLAM COUNTY
Service @ N Brook Ave
403-7480-535.47-10
140.48
S & B INC
COMPUTERS,DP & WORD PROC.
403-7480-535.48-10
1,084.00
SIMMCO, LLC
BUILDING MAINT&REPAIR SER
403-7480-535.48-10
5,934.90
SUNSET DO -IT BEST HARDWARE
BRUSHES (NOT CLASSIFIED)
403-7480-535.31-20
9.54
SWAIN'S GENERAL STORE INC
CHEMICAL LAB EQUIP & SUPP
403-7480-535.31-01
76.23
• THURMAN SUPPLY
HARDWARE,AND ALLIED ITEMS
PIPE FITTINGS
403-7480-535.31-01
403-7480-535.31-20
106.97
5.40
PIPE FITTINGS
403-7480-535.31-20
17.52
TYCO INTEGRATED SECURITY
SECURITY, FIRE, SAFETY SERV
403-7480-535.41-50
52.75
SECURITY, FIRE, SAFETY SERV
403-7480-535.41-50
2.75
Public Works-WW/Stormw
Wastewater
Division Total:
$24,866.29
Public Works-WW/Stormwir
Department Total.
$24,866.29
Wastewater Fund
Fund Total.
$24,900.16
DEPARTMENT OF REVENUE -WIRES
Excise Tax Return -June
404-0000-237.00-00
39.53
Division Total:
$39.53
Department Total.
$39.53
CENTURYLINK-OWEST
07-05 A/C 3604525834211 B
404-7580-537.42-10
0.55
07-23 A/C 206TO2306084B
404-7580-537.42-10
813
07-23 A/C 206T310164584B
404-7580-537.42-10
11.10
07-14 A/C 3604576684085B
404-7580-537.42-10
2.92
07-14 A/C 3604570411199B
404-7580-537.42-10
22.12
07-16 A/C 206T359336570B
404-7580-537.42-10
11.10
07-14 A/C 3604570831558B
404-7580-537.42-10
0.47
07-14 A/C 3604571535571 B
404-7580-537.42-10
0.78
07-14 A/C 3604570968343B
404-7580-537.42-10
0.95
CERTIFIED HEARING INC
EAR PROTECTION DEVICES
404-7580-537.31-01
130.00
DEPARTMENT OF REVENUE -WIRES
• OLYMPIC STATIONERS INC
Excise Tax Return -June
SUPPLIES
404-7580-537.49-50
404-7580-537.31-01
12,738.73
57.12
REHRIG PACIFIC COMPANY, INC
HARDWARE,AND ALLIED ITEMS
404-7580-537.35-01
4,401.45
E-29
Page
19
.' ,
Date. 8/17/2012
City of Port Angeles
t,51
City Council Expenditure
Report
' ~�•�
From: 7/28/2012
To: 8/10/2012
Vendor
Description
Account Number
Invoice Amount
SOUND PUBLISHING INC
COMMUNICATIONS/MEDIA SERV
404-7580-537.44-10
342.00
COMMUNICATIONS/MEDIA SERV
404-7580-537.44-10
399.00
SUNSET DO -IT BEST HARDWARE
JANITORIAL SUPPLIES
404-7580-537.31-01
74.86
SWAIN'S GENERAL STORE INC
SUPPLIES
404-7580-537.31-01
30.15
SUPPLIES
404-7580-537.31-01
40.40
WASTE CONNECTIONS, INC
ENVIRONMENTAL&ECOLOGICAL
404-7580-537.41-51
51,568.52
Public Works -Solid Waste
Solid Waste -Collections
Division Total:
$69,840.35
Public Works -Solid Waste
Department Total:
$69,840.35
Solid Waste -Collections
Fund Total.
$69,879.88
DEPARTMENT OF REVENUE -WIRES
Excise Tax Return -June
405-0000-237.10-00
615.03
GEOTECH ENVIRONMENTAL EQUIP
SHIPPING AND HANDLING
405-0000-237.00-00
-1.64
LAB &FIELD EQUIP,BIO,BOT
405-0000-237.00-00
-57.76
Division Total:
$555.63
Department Total.
$555.63
CENTURYLINK-QWEST
07-05 A/C 3604525834211B
405-7538-537.42-10
0.55
07-23 A/C 206TO2306084B
405-7538-537.42-10
8.13
07-23 A/C 206T310164584B
405-7538-537.42-10
11.10
07-14 A/C 3604576684085B
405-7538-537.42-10
2.92
07-14 A/C 3604570411199B
07-16 A/C 206T359336570B
405-7538-537.42-10
405-7538-537.42-10
22.11
11.10
07-14 A/C 3604570831558B
405-7538-537.42-10
0.47
07-14 A/C 3604571535571 B
405-7538-537.42-10
0.78
07-14 A/C 36045709683438
405-7538-537.42-10
0.95
CLALLAM CNTY SOLID WASTE DEPT
BLDG CONSTRUC SERVICES-
405-7538-537.49-90
2,515.89
DEPARTMENT OF REVENUE -WIRES
Excise Tax Return -June
405-7538-537.49-50
21,552.18
EDGE ANALYTICAL
TESTING&CALIBRATION SERVI
405-7538-537.41-50
150.00
GORDY'S PIZZA & PASTA
SAFETY COMMITTEE LUNCHEON
405-7538-537 43-10
98.32
PORT ANGELES CITY TREASURER
Refrshmts compost mtg
405-7538-537.31-01
47.50
Postage -Hale
405-7538-537 42-10
13.95
SHARP ELECTRONICS CORP
RENTAL/LEASE EQUIPMENT
405-7538-537.45-31
49.06
SOUND PUBLISHING INC
COMMUNICATIONS/MEDIA SERV
405-7538-537.44-10
630.00
WAK-IN MAN, INC
ENVIRONMENTAL&ECOLOGICAL
405-7538-537.48-10
1,160.96
WASHINGTON (OASI), STATE OF
2nd Quarter Unemployment
405-7538-537.20-60
230.16
WASTE CONNECTIONS, INC
ENVIRONMENTAL&ECOLOGICAL
405-7538-537.41-51
1,294.74
BLDG CONSTRUC SERVICES-
405-7538-537.41-51
257,336.21
ENVIRONMENTAL&ECOLOGICAL
405-7538-537.45-30
5,367.28
ENVIRONMENTAL&ECOLOGICAL
405-7538-582.75-10
26,490.11
ENVI RONMENTAL&ECOLOG I CAL
405-7538-592.83-10
36,288.61
Public Works -Solid Waste
SW - Transfer Station
Division Total:
$353,283.08
ASPECT CONSULTING, LLC
CONSULTING SERVICES
405-7585-537.41-50
14,652.64
BRUCH & BRUCH CONSTRUCTION INC
CONSTRUCTION SERVICES,HEA
405-7585-537.41-50
9,837.61
•
EDGE ANALYTICAL
TESTING&CALIBRATION SERVI
405-7585-537.41-50
36.00
E-30
Page 20
Date • 8/17/2012
City of Port Angeles
City Council Expenditure Report
• r >.r,.x From: 7/28/2012 To: 811012012
Vendor
Description
Account Number
Invoice Amount
GEOTECH ENVIRONMENTAL EQUIP
LAB &FIELD EQUIP,BIO,BOT
405-7585-537.35-01
745.33
-35.40
SHIPPING AND HANDLING
405-7585-537.35-01
21.13
PEN PRINT INC
LIBRARY SERVICES(EXCL 908
405-7585-537.31-01
135.93
WASHINGTON (OAST), STATE OF
2nd Quarter Unemployment
405-7585-537.20-60
230.15
Public Works -Solid Waste
Solid Waste -Landfill
Division Total:
$25,658.79
07-14 A/C 36045766840858
Public Works -Solid Waste
Department Total:
$378,941.87
409-6025-526.42-10
Solid Waste-LF/Trf Stn
Fund Total:
$379,497.50
DEPARTMENT OF REVENUE -WIRES
Excise Tax Return -June
406-0000-237.00-00
93.64
07-14 A/C 3604571535571 B
409-6025-526.42-10
Division Total:
$93.64
409-6025-526.42-10
2.84
Department Total:
$93.64
CENTURYLINK-QWEST
07-05 A/C 3604525834211B
406-7412-538.42-10
0.27
• SALE SURPLUS/OBSOLETE
07-23 A/C 206TO2306084B
406-7412-538.42-10
4.07
409-6025-526.31-13
07-23 A/C 206T310164584B
406-7412-538.42-10
5.55
E-31
07-14 A/C 3604576684085B
406-7412-538.42-10
1.46
07-14 A/C 3604570411199B
406-7412-538.42-10
11.06
07-16 A/C 206T359336570B
406-7412-538 42-10
5.55
07-14 A/C 3604570831558B
406-7412-538.42-10
0.24
07-14 A/C 3604571535571 B
406-7412-538.42-10
0.39
07-14 A/C 3604570968343B
406-7412-538.42-10
0.47
• DEPARTMENT OF REVENUE -WIRES
Excise Tax Return -June
406-7412-538.49-50
1,697.93
HERRERA ENVIRONMENTAL CONSULTAI,ENVIRONMENTAL&ECOLOGICAL
406-7412-538.41-50
5,048.92
Public Works-WW/Stormw
Stormwater
Division Total.
$6,775.91
Public Works-WW/Stormwtr
Department Total:
$6,775.91
Stormwater Fund
Fund Total:
$6,869.55
DEPARTMENT OF REVENUE -WIRES Excise Tax Return -June
409-0000-237.00-00
-1,654.69
PROGRESSIVE MEDICAL INTERNATIONAISALE SURPLUS/OBSOLETE
409-0000-237.00-00
-21.84
SALE SURPLUS/OBSOLETE
409-0000-237.00-00
-35.40
Division Total:
-$1,711.93
Department Total:
-$1,711.93
CENTURYLINK-QWEST 07-05 A/C 3604525834211 B
409-6025-526.42-10
1.65
07-23 A/C 206TO2306084B
409-6025-526 42-10
24.40
07-23 A/C 206T310164584B
409-6025-526.42-10
33.29
07-14 A/C 36045766840858
409-6025-526.42-10
8.76
07-14 A/C 3604570411199B
409-6025-526.42-10
66.35
07-16 A/C 206T359336570B
409-6025-526.42-10
33.29
07-14 A/C 3604570831558B
409-6025-526.42-10
1.42
07-14 A/C 3604571535571 B
409-6025-526.42-10
2.34
07-14 A/C 3604570968343B
409-6025-526.42-10
2.84
CLALLAM CNTY EMS Medic I Advisory
409-6025-526.41-50
600.00
PROGRESSIVE MEDICAL INTERNATIONAI SALE SURPLUS/OBSOLETE
409-6025-526.31-02
281.79
• SALE SURPLUS/OBSOLETE
409-6025-526.31-02
441.69
SALE SURPLUS/OBSOLETE
409-6025-526.31-13
15.06
E-31
Page 21
Date 8/17/2012
City of Port Angeles
City Council Expenditure Report
i:...r g From:7/28/2012 To: 8110/2012 •
Vendor
REIFENSTAHL, PATRICIA
Fire Department
AIR FLO HEATING COMPANY INC
ANGELES MACHINE WORKS INC
CENTURYLINK-OWEST
DAVE'S HEATING & COOLING SVC
GLASS SERVICES CO INC
MATHEWS GLASS CO INC
Z01-11*61 111:10I1iGF-I
SAM TIKKA
Olympic Mailing Services
TRACY'S INSULATION
Public Works -Electric
Description
CPR CLASS 7/24/12
Medic I
Fire Department
Medic I Utility
CITY REBATE
CITY REBATE
07-05 A/C 3604525834211B
07-23 A/C 206TO2306084B
07-23 A/C 206T31016458413
07-14 A/C 3604576684085B
07-14 A/C 3604570411199B
07-16 A/C 206T359336570B
07-14 A/C 3604570831558B
07-14 A/C 3604571535571 B
CITY REBATE
CITY REBATE
CITY REBATE
CITY REBATE
CITY REBATE
CITY REBATE
POST CARDS FOR THE FAIR
POST CARDS FOR CLALLAM FA
CITY REBATE
Conservation
Public Works -Electric
Account Number
409-6025-526.31-08
Division Total.
Department Total.
Fund Total:
421-7121-533.49-86
421-7121-533.49-86
421-7121-533.42-10
421-7121-533.42-10
421-7121-533.42-10
421-7121-533.42-10
421-7121-533.42-10
421-7121-533.42-10
421-7121-533.42-10
421-7121-533 42-10
421-7121-533.49-86
421-7121-533.49-86
421-7121-533.49-86
421-7121-533.49-86
421-7121-533.49-86
421-7121-533 49-86
421-7121-533.42-10
421-7121-533.42-10
421-7121-533.49-86
Division Total:
Department Total.
Conservation Fund Total
PUD #1 OF CLALLAM COUNTY
RADIO & TELECOMMUNICATION
431-7130-538.47-10
Public Works -Electric
Telecommunications
Division Total.,
Public Works -Electric
Department Total:
Telecommunications Fund
Fund Total
CAPACITY PROVISIONING INC
RADIO & TELECOMMUNICATION
451-7188-594.65-10
RADIO & TELECOMMUNICATION
451-7188-594.65-10
RADIO & TELECOMMUNICATION
451-7188-594 65-10
Public Works -Electric
Electric Projects
Division Total:
Public Works -Electric
Department Total:
Electric Utility C/P Fund Total:
FASTENAL INDUSTRIAL FASTENERS, FASTENING DEVS 452-7387-594.65-10
FERGUSON ENTERPRISES INC PLUMBING EQUIP FIXT,SUPP 452-7387-594.65-10
PIPE FITTINGS 452-7387-594.65-10
Public Works -Water Admin -Water Utility CIP Division Total:
BUILDERS EXCHANGE OF WA INC COMMUNICATIONS/MEDIA SERV 452-7388-594.44-10
Page 22
Invoice Amount
50.00
$1,562.88
$1,562.88
-$149.05
1,500.00
1,680.00
0.27
4.12
5.60
1.46
11.06
5.60
0.24
0.39
1,000.00
4,240.00
246.00
324.00
15.00
100.00
1,595.66
569.76
261.82
$11,560.98
$11,560.98
$11,560.98
42.18
$42.18
$42.18
$42.18
51,336.60
316,263.11
41,953.29
$409,553.00
$409,553.00
$409,553.00
-31.66
247.88
1,525.21
$1,741.43
95.00
E-32
•
•
City of Port Angeles
City Council Expenditure Report
• r` From: 7/28/2012 To: 8/10/2012
Date: 8/17/2012
Vendor
Description
Account Number
Invoice Amount
CLALLAM CNTY AUDITOR
RECORD DEED AT CLALLAM CO
452-7388-594.65-10
63.00
EXPRESS PERSONNEL SERVICES
DOYLE MCGINLEY: 14 HOURS
452-7388-594.65-10
441.47
PROJECT INSPECTOR
452-7388-594.65-10
1,261.34
PROJECT INSPECTOR
452-7388-594.65-10
1,009.08
Public Works -Water
Water Projects
Division Total:
$2,869.89
Public Works -Water
Department Total:
$4,611.32
Water Utility CIP
Fund Total:
$4,611.32
PACE ENGINEERS, INC
CONSULTING SERVICES
456-7688-594.41-50
4,702.20
Public Works -Equip Svcs
Stormwater Util CIP Projs
Division Total.
$4,702.20
Public Works -Equip Svcs
Department Total:
$4,702.20
Stormwtr Util Projects
Fund Total:
$4,702.20
ANGELES MACHINE WORKS INC
AUTO BODIES & ACCESSORIES
501-0000-141.40-00
640.64
BAXTER AUTO PARTS #15
AUTO & TRUCK MAINT ITEMS
501-0000-141.40-00
357.26
AUTO & TRUCK MAINT. ITEMS
501-0000-141.40-00
36.62
AUTO & TRUCK MAINT ITEMS
501-0000-141.40-00
15.01
BELTS AND BELTING
501-0000-141.40-00
28.55
AUTO & TRUCK MAINT. ITEMS
501-0000-141.40-00
9.23
AUTO & TRUCK ACCESSORIES
501-0000-141.40-00
9.72
AUTO & TRUCK MAINT. ITEMS
501-0000-14140-00
15.18
AUTO & TRUCK MAINT ITEMS
501-0000-141 40-00
15.06
AUTO & TRUCK MAINT. ITEMS
501-0000-141.40-00
183.71
AUTO & TRUCK MAINT. ITEMS
501-0000-141.40-00
23.00
AUTO & TRUCK MAINT. ITEMS
501-0000-141.40-00
-15.06
AUTO & TRUCK MAINT ITEMS
501-0000-141.40-00
8.20
AUTO & TRUCK MAINT. ITEMS
501-0000-141.40-00
39.82
CUMMINS NORTHWEST INC
AUTO & TRUCK MAINT. ITEMS
501-0000-141.40-00
117.07
DEPARTMENT OF REVENUE -WIRES
Excise Tax Return -June
501-0000-237.00-00
541.20
FIRESTONE COMPLETE AUTO CARE
AUTO & TRUCK MAINT. ITEMS
501-0000-141.40-00
1,665.86
AUTO & TRUCK MAINT ITEMS
501-0000-141.40-00
923.76
AUTO & TRUCK MAINT ITEMS
501-0000-141.40-00
-1,665.86
AUTO & TRUCK MAINT ITEMS
501-0000-141.40-00
269.39
KAMAN INDUSTRIAL TECHNOLOGIES
AUTO & TRUCK MAINT ITEMS
501-0000-141.40-00
20266
AUTO & TRUCK MAINT ITEMS
501-0000-141.40-00
270.22
MCMASTER-CARR SUPPLY CO
AUTO & TRUCK MAINT. ITEMS
501-0000-141.40-00
146.21
AUTO & TRUCK MAINT ITEMS
501-0000-237.00-00
-11.33
NAPA AUTO PARTS
AUTO & TRUCK ACCESSORIES
501-0000-141.40-00
2,087.98
AUTO & TRUCK ACCESSORIES
501-0000-141 40-00
-1,533.51
AUTO & TRUCK MAINT. ITEMS
501-0000-141.40-00
10.55
AUTO & TRUCK ACCESSORIES
501-0000-141.40-00
-1,150.13
AUTO & TRUCK MAINT. ITEMS
501-0000-141.40-00
19.51
•
AUTO & TRUCK MAINT ITEMS
501-0000-141.40-00
86.94
AUTO & TRUCK MAINT. ITEMS
501-0000-141.40-00
73.22
E-33
Page 23
Date 8/17/2012
City of Port Angeles
City Council Expenditure Report
From: 7/28/2012 To: 8/10/2012
Vendor
Description
Account Number
Invoice Amount
NAPA AUTO PARTS
AUTO & TRUCK MAINT ITEMS
501-0000-141 40-00
51.25
AUTO & TRUCK MAINT. ITEMS
501-0000-141.40-00
4.39
AUTO & TRUCK MAINT. ITEMS
501-0000-141.40-00
-2.93
AUTO& TRUCK ACCESSORIES
501-0000-141.40-00
-1,645.30
AUTO & TRUCK MAINT. ITEMS
501-0000-141.40-00
7.32
AUTO & TRUCK MAINT. ITEMS
501-0000-141.40-00
343.25
AUTO & TRUCK MAINT. ITEMS
501-0000-141.40-00
103.54
AUTO & TRUCK ACCESSORIES
501-0000-141 40-00
1,916.89
PETTIT OIL COMPANY
FUEL,OIL,GREASE, & LUBES
501-0000-141.20-00
7,312.76
FUEL,OIL,GREASE, & LUBES
501-0000-141.20-00
829.76
FUEL,OIL,GREASE, & LUBES
501-0000-141.20-00
7,433.08
PRICE FORD LINCOLN
AUTO & TRUCK MAINT ITEMS
501-0000-141.40-00
130.33
SUNSET DO -IT BEST HARDWARE
AUTO & TRUCK MAINT. ITEMS
501-0000-141.40-00
14.60
Division Total:
$19,919.62
Department Total:
$19,919.62
ARAMARK
LAUNDRY/DRY CLEANING SERV
501-7630-548.49-90
23.60
LAUNDRY/DRY CLEANING SERV
501-7630-548.49-90
23.60
BAXTER AUTO PARTS #15
BELTS AND BELTING
501-7630-548.34-02
10.33
AUTO & TRUCK MAINT ITEMS
501-7630-548.34-02
66.22
AUTO & TRUCK MAINT ITEMS
501-7630-548.34-02
5.73
AUTO & TRUCK MAINT. ITEMS
501-7630-548.34-02
29.72
CENTURYLINK-QWEST
07-05 A/C 3604525834211B
501-7630-548.42-10
0.96
07-23 A/C 206TO2306084B
501-7630-548.42-10
14.23
07-23 A/C 206T310164584B
501-7630-548.42-10
19.42
07-14 A/C 36045766840858
501-7630-548.42-10
5.11
07-14 A/C 3604570411199B
501-7630-548.42-10
38.70
07-16 A/C 206T359336570B
501-7630-548.42-10
19.42
07-14 A/C 3604570831558B
501-7630-548.42-10
0.83
07-14 A/C 3604571535571 B
501-7630-548.42-10
1.36
07-14 A/C 3604570968343B
501-7630-548.42-10
1.66
CERTIFIED HEARING INC
EAR PROTECTION DEVICES
501-7630-548.31-01
13000
CUMMINS NORTHWEST INC
AUTO & TRUCK MAINT ITEMS
501-7630-548.34-02
3,808.27
EVERGREEN COLLISION CENTER
AUTO & TRUCK MAINT ITEMS
501-7630-548 34-02
191.33
EXTERNAL LABOR SERVICES
501-7630-548.34-02
189.70
FAR -WEST MACHINE & HYDRAULICS
AUTO & TRUCK MAINT. ITEMS
501-7630-548.34-02
202.51
FERGUSON ENTERPRISES INC
M ETALS,BARS,PLATES, RODS
501-7630-548.34-02
43.43
J B'S UPHOLSTERY
AUTO & TRUCK MAINT. ITEMS
501-7630-548.34-02
17.34
EXTERNAL LABOR SERVICES
501-7630-548.34-02
151.76
KAMAN INDUSTRIAL TECHNOLOGIES
AUTO & TRUCK MAINT. ITEMS
501-7630-548.34-02
134.41
LES SCHWAB TIRE CENTER
EXTERNAL LABOR SERVICES
501-7630-548.34-02
46.07
EXTERNAL LABOR SERVICES
501-7630-548.34-02
22.76
LINCOLN INDUSTRIAL CORP
METALS, BARS, PLATES, RODS
501-7630-548.34-02
48.43
E-34
Page 24
•
acrti .,
r
Date 8/17/2012
City of Port
Angeles
City Council Expenditure Report
•
From: 7/28/2012
To: 8/10/2012
Vendor
Description
Account Number
Invoice Amount
LINCOLN INDUSTRIAL CORP
AUTO & TRUCK MAINT ITEMS
501-7630-548.34-02
6.20
EXTERNAL LABOR SERVICES
501-7630-548.34-02
227.64
METALS, BARS, PLATES, RODS
501-7630-548.34-02
1,286.40
MATCO TOOLS
AUTO & TRUCK MAINT ITEMS
501-7630-548.35-01
31.08
JAMES R BEKKEVAR
SANDBLASTING EQUIPMENT TR
501-7630-548.34-02
433.60
MITCHELL 1
RENTAULEASE EQUIPMENT
501-7630-548.48-02
172.36
MOTION INDUSTRIES, INC
AUTO & TRUCK MAINT. ITEMS
501-7630-548.31-01
390.62
NAPA AUTO PARTS
AUTO & TRUCK ACCESSORIES
501-7630-548.34-02
20.04
AUTO & TRUCK ACCESSORIES
501-7630-548.34-02
20.04
AUTO & TRUCK MAINT. ITEMS
501-7630-548.34-02
448.88
AUTO & TRUCK MAINT. ITEMS
501-7630-548.34-02
7.58
AUTO & TRUCK MAINT ITEMS
501-7630-548.34-02
18.98
AUTO & TRUCK MAINT ITEMS
501-7630-548.34-02
8.64
AUTO & TRUCK MAINT. ITEMS
501-7630-548.34-02
18.98
AUTO & TRUCK MAINT. ITEMS
501-7630-548.34-02
97.58
AUTO & TRUCK MAINT. ITEMS
501-7630-548.34-02
26.01
AUTO & TRUCK MAINT. ITEMS
501-7630-548.34-02
78.57
AUTO & TRUCK MAINT. ITEMS
501-7630-548.34-02
343.25
• PACIFIC OFFICE EQUIPMENT INC
BELTS AND BELTING
OFFICE SUPPLIES, GENERAL
501-7630-548.34-02
501-7630-548.31-01
29.78
126.89
OFFICE SUPPLIES, GENERAL
501-7630-548.31-01
19.51
PETTIT OIL COMPANY
FUEL,OIL,GREASE, & LUBES
501-7630-548.32-13
133.74
FUEL,OIL,GREASE, & LUBES
501-7630-548.32-13
189.49
PORT ANGELES TIRE FACTORY
EXTERNAL LABOR SERVICES
501-7630-548.34-02
27.05
EXTERNAL LABOR SERVICES
501-7630-548.34-02
20.54
AUTO & TRUCK MAINT ITEMS
501-7630-548.34-02
15.94
EXTERNAL LABOR SERVICES
501-7630-548.34-02
36.80
PRICE FORD LINCOLN
AUTO & TRUCK MAINT. ITEMS
501-7630-548.34-02
353.25
EXTERNAL LABOR SERVICES
501-7630-548.34-02
968.96
RICHMOND 2 -WAY RADIO
EXTERNAL LABOR SERVICES
501-7630-548.34-02
48.78
EXTERNAL LABOR SERVICES
501-7630-548.34-02
97.56
RUDDELL AUTO MALL
EXTERNAL LABOR SERVICES
501-7630-548.34-02
492.15
RUDY'S AUTOMOTIVE
AUTO & TRUCK MAINT ITEMS
501-7630-548.34-02
21.00
EXTERNAL LABOR SERVICES
501-7630-548.34-02
163.90
AUTO & TRUCK MAINT ITEMS
501-7630-548.34-02
133.78
EXTERNAL LABOR SERVICES
501-7630-548.34-02
209.43
AUTO & TRUCK MAINT. ITEMS
501-7630-548.34-02
376.80
EXTERNAL LABOR SERVICES
501-7630-548.34-02
146.99
SHARP ELECTRONICS CORP
RENTAL/LEASE EQUIPMENT
501-7630-548.45-31
49.06
SIX ROBBLEES' INC
AUTO & TRUCK MAINT. ITEMS
501-7630-548.34-02
399.65
. STEVE'S MUFFLER SHOP
EXTERNAL LABOR SERVICES
501-7630-548.34-02
260.16
SUNSET DO -IT BEST HARDWARE
AUTO & TRUCK MAINT. ITEMS
501-7630-548.31-01
44.43
E-35
Page 25
�;•x.FrA o
Date 8/17/2012
City of Port Angeles
lam
City Council Expenditure
Report
From: 7/28/2012
To: 8/10/2012
Vendor
Description
Account Number
Invoice Amount
SUNSET DO -IT BEST HARDWARE
AUTO & TRUCK MAINT. ITEMS
501-7630-548.34-02
24.39
AUTO & TRUCK MAINT. ITEMS
501-7630-548.34-02
24.34
GASES CONT.EQUIP:LAB,WELD
501-7630-548.45-30
52.67
SWAIN'S GENERAL STORE INC
AUTO & TRUCK MAINT ITEMS
501-7630-548.34-02
8.03
SYSTEMS FOR PUBLIC SAFETY, INC
EXTERNAL LABOR SERVICES
501-7630-548.34-02
364.22
EXTERNAL LABOR SERVICES
501-7630-548.34-02
91.90
AUTO & TRUCK MAINT ITEMS
501-7630-548.34-02
579.84
EXTERNAL LABOR SERVICES
501-7630-548.34-02
3,500.79
RADIO & TELECOMMUNICATION
501-7630-548.34-02
34.94
Public Works -Equip Svcs
Equipment Services
Division Total:
$17,930.11
Public Works -Equip Svcs
Department Total:
$17,930.11
Equipment Services
Fund Total:
$37,849.73
DEPARTMENT OF REVENUE -WIRES
Excise Tax Return -June
502-0000-237.00-00
449.74
Division Total:
$449.74
Department Total:
$449.74
CENTURYLINK-CWEST
07-05 A/C 3604525834211B
502-2081-518.42-10
1.24
07-23 A/C 206TO2306084B
502-2081-518.42-10
18.30
07-23 A/C 206T310164584B
502-2081-518 42-10
24.97
07-14 A/C 3604576684085B
502-2081-518.42-10
6.57
07-14 A/C 3604570411199B
502-2081-518.42-10
49.76
07-16 A/C 206T359336570B
502-2081-518.42-10
24.97
07-14 A/C 3604570831558B
502-2081-518.42-10
1.06
07-14 A/C 3604571535571 B
502-2081-518.42-10
1.75
07-14 A/C 3604570968343B
502-2081-518.42-10
2.13
INSIGHT PUBLIC SECTOR
COMPUTER HARDWARE&PERIPHI 502-2081-518.31-60
86.71
SUNGARD PUBLIC SECTOR
COMPUTERS,DP & WORD PROC
502-2081-518.48-02
126,108.61
Finance Department
Information Technologies
Division Total:
$126,326.07
Finance Department
Department Total:
$126,326.07
Information Technology
Fund Total.
$126,775.81
AWC EMPLOYEE BENEFITS TRUST
Med DenlVis Premiums
503-1631-517 46-30
240,028.80
LT Disability
503-1631-517.46-31
4,448.81
Life Insurance
503-1631-517.46-32
1,799.81
L1 Med/Vis Premiums
503-1631-517.46-34
10,873.39
REIMBURSE MEDICARE -JULY
503-1631-517.46-35
115.40
REIMBURSE MEDICARE -JULY
503-1631-517.46-35
99.90
REIMBURSE MEDICARE -JULY
503-1631-517.46-35
99.90
Disability Board -July
503-1631-517.46-35
20.00
REIMBURSE MEDICARE -JULY
503-1631-517.46-35
99.90
REIMBURSE MEDICARE -JULY
503-1631-517 46-35
550.90
REIMBURSE MEDICARE -JULY
503-1631-517.46-35
99.90
Disability Board -July
503-1631-517.46-35
98.12 •
REIMBURSE MEDICARE -JULY
503-1631-517.46-35
99.90
E-36
Page 26
•a
Date 8/17/2012
City of Port
Angeles
City Council Expenditure Report
• r ` .•t n
From: 7/2812012
To: 8110/2012
Vendor
Description
Account Number
Invoice Amount
Disability Board -January
503-1631-517.46-35
100.64
REIMB MEDICARE -JANUARY
503-1631-517.46-35
96.50
Disability Board -July
503-1631-517.46-35
81.72
REIMBURSE MEDICARE -JULY
503-1631-517.46-35
99.90
Disability Board -July
503-1631-517.46-35
22.42
REIMBURSE MEDICARE -JULY
503-1631-517.46-35
99.90
REIMBURSE MEDICARE -JULY
503-1631-517.46-35
99.90
NW ADMIN TRANSFER ACCT
S/NS/WT
503-1631-517.46-33
67,630 36
RETIREES
503-1631-517.46-34
10,245.80
Disability Board -July
503-1631-517.46-35
214.04
REIMBURSE MEDICARE -JULY
503-1631-517.46-35
99.90
Disability Board -July
503-1631-517.46-35
174.35
Disability Board -July
503-1631-517.46-35
299.56
REIMBURSE MEDICARE -JULY
503-1631-517.46-35
99.90
Self Insurance
Other Insurance Programs
Division Total:
$337,799.62
WASHINGTON (OAST), STATE OF
2nd Quarter Unemployment
503-1661-517.49-50
8.62
2nd Quarter Unemployment
503-1661-517.49-50
143.62
Self Insurance
Worker's Compensation
Division Total:
$152.24
WCIA (WA CITIES INS AUTHORITY)
LIABILITY CLAIMS JUNE-JUL
503-1671-517.41-50
7,614.06
Self Insurance
Comp Liability
Division Total:
$7,614.06
Self Insurance
Department Total.
$345,565.92
Self -Insurance Fund
Fund Total:
$345,565.92
AWC EMPLOYEE BENEFITS TRUST
Retiree Premiums
602-6221-517.46-35
6,016.98
REIMBURSE MEDICARE -JULY
602-6221-517.46-35
99.90
Disability Board -July
602-6221-517.46-35
131.00
Disability Board -July
602-6221-517.46-35
4,076.85
REIMBURSE MEDICARE -JULY
602-6221-517.46-35
99.90
REIMBURSE MEDICARE -JULY
602-6221-517.46-35
99.90
Fireman's Pension
Fireman's Pension
Division Total:
$10,524.53
Fireman's Pension
Department Total:
$10,524.53
Firemen's Pension
Fund Total:
$10,524.53
DEPARTMENT OF REVENUE -WIRES
Excise Tax Return -June
650-0000-237.10-00
81.48
Division Total.
$81.48
Department Total.
$81.48
Off Street Parking Fund
Fund Total.
$81.48
BLUETUX-DESIGN & DEVELOPMENT
Annual Hosting Services
652-8630-575 42-10
285.00
CANON USA, INC
OFFICE MACHINES & ACCESS
652-8630-575.45-31
32.43
CENTURYLINK-QWEST
07-05 A/C 3604525834211 B
652-8630-575 42-10
0.41
07-23 a/c 206T418577331 B
652-8630-575.42-10
57.46
07-14 a/c 3604573532775B
652-8630-575.42-10
42.36
•
07-23 A/C 206TO2306084B
652-8630-575.42-10
6.10
07-23 A/C 206T310164584B
652-8630-575.42-10
8.32
E-37
Page 27
A ` Date 8/17/2012
City of Port Angeles
City Council Expenditure Report
'**h From: 7/28/2012 To: 8/10/2012
•
Vendor
Description
Account Number
Invoice Amount
CENTURYLINK-QWEST
07-14 A/C 3604576684085B
652-8630-575.42-10
2.19
07-14 A/C 3604570411199B
652-8630-575.42-10
16.59
07-16 A/C 206T359336570B
652-8630-575.42-10
8.32
07-14 A/C 3604570831558B
652-8630-575.42-10
0.35
07-14 A/C 3604571535571 B
652-8630-575.42-10
0.58
07-14 A/C 3604570968343B
652-8630-575.42-10
0.71
DEX MEDIA WEST
Advertising
652-8630-575.42-10
9.00
SWAIN'S GENERAL STORE INC
Tape
652-8630-575.31-01
4.85
Esther Webster/Fine Arts
Esther Webster/Fine Arts
Division Total:
$474.67
Esther Webster/Fine Arts
Department Total:
$474.67
Esther Webster Fund
Fund Total.
$474.67
OLYMPIC COMMUNITY ACTION PRGMS
PASS THE BUCK DISTRIBUTIO
657-0000-239.91-00
1,588.42
Division Total:
$1,588.42
Department Total:
$1,588.42
Util Vol Contrib Program
Fund Total:
$1,588.42
AFLAC
AFLAC SUPP INSURANCE
920-0000-231.53-10
1,303.88
ASSOCIATION OF WASHINGTON CITIES
AWC SUPP LIFE INS
920-0000-231.53-30
311.70
EMPLOYEES ASSOCIATION
P/R Deductions pe 07-22
920-0000-231.55-30
510.00
LEOFF
P/R Deductions pe 07-22
920-0000-231.51-21
23,690.89
OFFICE OF SUPPORT ENFORCEMENT
P/R Deductions pe 07-22
920-0000-231.56-20
828.59
P/R Deductions pe 07-22
920-0000-231.56-20
169.85
PERS
P/R Deductions pe 07-22
920-0000-231.51-10
1,652.29
P/R Deductions pe 07-22
920-0000-231.51-11
9,139.43
P/R Deductions pe 07-22
920-0000-231.51-12
40,938.39
UNITED WAY (PAYROLL)
P/R Deductions pe 07-22
920-0000-231.56-10
488.63
US DEPARTMENT OF EDUCATION
P/R Deductions pe 07-22
920-0000-231.56-30
76.19
VOLUNTEER FIRE ASSOCIATION
P/R Deductions pe 07-22
920-0000-231.55-20
41.00
WSCFF/EMPLOYEE BENEFIT TRUST
P/R Deductions pe 07-22
920-0000-231.53-20
1,575.00
Division Total:
$80,725.84
Department Total.
$80,725.84
Payroll Clearing
Fund Total:
$80,725.84
Totals for check period
From: 7/28/2012 To- 8/10/2012
$2,103,414.93
E-38
Page 28
•
PORTANGELES
W A S H I N G T O N, U. S. A.
CITY COUNCIL MEMO
DATE: August 21, 2012
TO: CITY COUNCIL
FROM: Glenn A. Cutler, P.E., Director of Public Works & Utilities
SUBJECT: Olympic Discovery Trail (ODT) Restoration Projects,
PK05-2009 and PK06-2009
Summary: Jordan Excavating, Inc., has completed the Olympic Discovery Trail (ODT) Restoration
Projects. The work has been inspected and accepted as complete and payment in the amount of
$358,580.25, including applicable taxes, has been made with a 5% retainage being held.
Recommendation: Accept the Olympic Discovery Trail (ODT) Restoration Projects, Project
PK05-2009 and PK06-2009, and authorize release of the retainage upon receipt of required
clearances.
• Background/Analysis: Jordan Excavating, Inc., of Port Angeles, WA, was awarded the contract for the
Olympic Discovery Trail (ODT) Restoration Projects on October 4, 2011. Construction was completed on
June 20, 2012. The contract has been inspected and determined to be complete and final payment will be
processed. Inspection and project management for the project was performed by the City's engineering
staff.
The original contract amount was $ 336,948.00 and the final contract amount, adjusted for quantity
variances is $358,580.25. The quantity variances were due to two issues:
1) After removing debris, the asphalt pavement on the trail needed additional repairs to make it safe.
This increased the total amount of asphalt needed in the amount of $13,860.25 (Funding:
FEMA/State $12,127.72 and City match $1,732.53).
2) There was an additional storm event that caused another slide event in November/December 2011.
It was decided that it was more effective to have the contractor remove the material rather than City
crews since the contractor was already mobilized with the necessary equipment and the additional
slide had occurred on the project's construction site. The additional cost was $7,672.00 (Not
illegible for FEMA funding).
There are sufficient funds from existing FEMA/State approved subgrant amounts and budgeted City funds
for these projects and their changes. To date FEMA and the State have authorized $293,811.84 for the
construction work. Additionally, there may be additional funding authorized from FEMA for both the
construction and design that will reduce the City's amount which will come subsequent to finalizing this
contract and providing them the actual cost data. Any additional funding from FEMA will offset funding
• previously put forward by the City. To date FEMA and the State have authorized $293,811.84 for the
construction work.
N:\CCOUNCIL\FINAL\ODT Restoration Projects PD05-2009 and PK06-2009 - Final Acceptance.doc E — 39
GELES
DATE: August 21, 2012
TO: CITY COUNCIL
FROM: Glenn A. Cutler, P. E., Director of Public Works & Utilities
SUBJECT: Approve Electric Utility Easements
Summary: Utility easements give the City access rights to real property that must be accepted by the
City Council.
Recommendation: Approve the 2012 Electric Utility easements described herein and all
easements granted in preceding years for Electric Utility facilities.
Background/Analysis: Some parcels of land within the City of Port Angeles are not readily
accessible from public rights-of-way for electric utility service. For reasons of cost, appearance, and
accessibility, it is often preferable to cross portions of private property with either overhead or
underground conductors to serve a different property owner, or to locate other electrical facilities on
private property. In those cases, an easement is secured from the property owner which provides the
City legal access to the property being crossed or encumbered for purposes of construction and/or
maintenance of electric infrastructure. Such granting of property rights must be accepted by the City
Council.
Since the start of this year, easements for electric utility lines have been secured from property
owners at the following five locations. Copies of these easements are included herewith:
1. 536 W. 7th St—New service pole
2. 1206 C St — Reroute existing service
3. 407 E. 11th — Relocate service to new garage
4. 2010 W. Highway 101 — Relocate feeder line
5. 142 Eclipse Industrial Pkwy — Relocate feeder line
Countv Recordina Number
2012-1280160
2012-1280161
2012-1280162
2012-1281720
2012-1281721
As part of an effort to standardize practices, it was identified that the Electric Utility's past practice
has been to accept easements and have them recorded directly, rather than to have a final City
Council approval as occurs for other types of easements. After reviewing the subject with the Legal
Department, it was recommended that all easements follow the process of having City Council
approval.
It is requested that the City Council approve the above easements that were generated in 2012 and all
easements granted in preceding years for electric utility facilities.
E -40
•
is
2012-1280160 , "�""�
Page 1 or 1 Easement
Port Angeles City Of 9.
30 32 PM
Clallam County Washington 06113/2012 02
■III h`i�'yPdlilill�t«��'{ 'a1IVA Hit *13010.144 M. -I 11111 N ��
City of Port Angeles
Public Works and Utility Engineering
321 E 5TH ST.
Port Angeles, WA. 98362
WS# 10942
WF# 142927
RIGHT-OF-WAY EASEMENT
Grantor(s): Lawrence Eugene & Minnie Brock TTES
Grantee(s): City of Port Angeles, Washington
For good and valuable consideration, receipt of which is hereby acknowledged, the undersigned, owners
of the land below described, hereby grant to the City of Port Angeles, a municipal corporation, the
Grantee, the perpetual, irrevocable easement and right of way under, over and across the land described
below The Grantee shall have the right to place, locate, construct, operate, repair, maintain, replace and
keep clear thereon an overhead and/or underground electric transmission and distribution line and/or
system, together with such other lines and equipment as may be placed there on by the grantee or by
others with its consent, including the right to cut down and trim trees to the extent necessary to keep them
clear of such line or system and to cut down, from time to time, all dead, weak, leaning or dangerous trees
that are tall enough to strike the wires. The Grantor(s) shall not erect or place any structure, building, tree
or shrub on the land below described without the express written permission of the City of Port Angeles.
The land referred to is in TPA 30 N, Range 6 WWM, Clallam County, Washington; Parcel Number
0630000236350000, Lot 9 Block 236, also known as 536 West Seventh Street, and the easement is more
specifically described as follows:
A section of land 5.00 feet in width and 5.00 feet in length enclosed by the following described
line: Commencing at the westerly most property comer; the Point of Beginning, proceed
• S56°43'29"E along the southwesterly property line 5.00 feet; thence N33017'13"E 5.00 feet;
thence N56°43'29"W 5.00 feet; thence S33017'13"W 5.00 feet to the Point of Ending.
1) Grantee shall have the right to ingress and egress over and across the land of the Grantor to and from
the above-described property and the right to clear all obstructions from the described property. Grantee
shall at all times have the right to full and free ingress to and egress from such said property for all
purposes herein mentioned.
2) Grantee shall not be responsible for damage caused to Grantor arising from Grantee's exercise of the
rights and privileges herein granted.
3) The Grantor shall not occupy or use the described property in a manner inconsistent with or interfering
with the herein granted.
4) If in the future the right -of way easement is abandoned by the City, the rights conveyed to the City of
Port Angeles by this casement will thereupon revert back to the property owner(s) and this easement shall
be void.
5) The right herein granted shall inure to the benefit of the grantee's successors and assigns, including any
party which it 7may grant contact, joint user or other similar rights
DATED J :J J
STATE OF Wi,4Sl#w6teN)Cwt-.t ForL"A Pu—
COUNTY OF CIA146AM1 ss. -StuT71VZ-
This is to certify that on this 1.5 — day of a e. ua eZp 12- personally appeared before me
"inn![„ j; � rvr1k to me known to be the individual as described in and who
executed the foregoing instrument, and acknowledged that Sat signed the same as 11_®r- free and voluntary act
and deed, for the uses and purpose therein mentioned.
Given under my hand and official seal this __Li2i!Say of�A� ! 1-
1 ,
'�l
f)UANE F, HALEY Ptotai Public rand for the State tiFlMtthaegtert t r-u�
Commission # 1938413 C
Notary Public - California z Rosldin at
z Sutter County
My Comm Expires Jun 21, 2015
E-41
2012-12110161
Pd9e 9 of t 'casement .., T,v
CtallamnCountv�c 7Wa`1sh�ngton L 06113/201}2 02 30 32 PM 9.
mill fli'eorm A■7III���I
City of Port Angeles
Public Works and Utility Engineering
321 E 5TH ST.
Port Angeles, WA. 48362
R'S#10830
WF#125627
RIGHT-OF-WAY EASEMENT
Grantor(s): David L. Oldenkamp and Jeanine P. Oldenkamp
Grantee(s): City of Port Angeles, Washington
For good and valuable consideration, receipt of which is hereby acknowledged, the undersigned, owners
of the land below described, hereby grant to the City of Port Angeles, a municipal corporation, the
Grantee, the perpetual, irrevocable easement and right of way under, over and across the land described
below. The Grantee shall have the right to place, locate, construct, operate, repair, maintain, replace and
keep clear thereon an overhead electrical distribution service line and/or system, together with such other
lines and equipment as may be placed there on by the grantee or by others with its consent, including the
right to cut down and trim trees to the extent necessary to keep them clear of such line or system and to
cut down, from time to time, all dead, weak, leaning or dangerous trees that are tall enough to strike the
wires The Grantor(s) shall not erect or place any structure, building, tree or shrub on the land below
described without the express written permission of the City of Port Angeles.
The land referred to as S2 LTS 1&2 BL 370, TPA, Range 6 W WM, Clallam County, Washington; Parcel
Number 063000037000, also known as 1206 "C" Street and the easement is more specifically described
as follows:
A strip of land, 10.00 feet in width, lying 5.00 feet on both sides of the following described
centerline: Commencing at the westerly most property comer proceed S 56°44'36" E along the
southwest property line 5.00 feet to the Point of Beginning; thence N 33°14'52" E 70.00 feet more
or less to the Point of Ending.
The sidelines of said easement shall extend and/or shorten to terminate at the intersecting
property lines.
1) Grantee shall have the right to ingress and egress over and across the land of the Grantor to and from
the above-described property and the right to clear all obstructions from the described property Grantee
shall at all times have the right to full and free ingress to and egress from such said property for all
purposes herein mentioned
2) Grantee shall not be responsible for damage caused to Grantor arising from Grantee's exercise of the
rights and privileges herein granted.
3) The Grantor shall not occupy or use the described property in a manner inconsistent with or interfering
with the herein granted.
4) If in the future the nght-of way easement is abandoned by the City, the rights conveyed to the City of
Port Angeles by this easement will thereupon revert back to the property owner(s) and this easement shall
be void.
5) The right herein granted shall inure to the benefit of the grantee's successors and assigns, including any
party which it may grant contac joint user or other similar rights.
DATED
SPATE OF WASHINGTON}
COUNTY OF CLALLAM) ss. {-11
This is to certify that on this _x21522 day of i- my --4q 2(� 12_ personally appeared before me
dad L. Dldeti har . 7� n >? 0(de, a h to k a kipwn to be the individuals . described in and
who -executed the foregoing instrument, and acknowledged that �1' `'signcd the sante as�5- hc4' ree and voluntary
act and deed, for the uses and purpose therein mentioned
Given under my hand and official seal this 1�b _ day, ?C
-"rA41ri
Notuy Public Notary ubhc in and for the tate of Washington
State of wumnpton
VALt1AM E RINEHART t -"q � � i Q3 „i
My APPointmMt Ei PS$ Oct 1, 2013 Residing at
RP 0 E - 42
0
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pageI 28@262 Easement ry a4
vo,tAnsetes City Of
C1.1 tam county, Washingtrn 06!13!2012 92 39 32 PM -
Bill �rit,� ,t �,�� �� IFT Iii"'MA Mg mi
•
City of Port Angeles
Public Works and Utility Engineering
321 E 5TH ST.
Port Angeles, WA. 98362
RIGHT-OF-WAY EASEMENT
Grantor(s): Kathleen R and David F Thomson
Grantee(s): City of Port Angeles, Washington
For good and valuable consideration, receipt of which is hereby acknowledged, the undersigned, owners
of the land below described, hereby grant to the City of Port Angeles, a municipal corporation, the
Grantee, the perpetual, irrevocable easement and right of way over and across the land described below.
The Grantee shall have the right to place, locate, construct, operate, repair, maintain, replace and keep
clear thereon an overhead electric distribution line, together with such other lines and equipment as may
be placed there on by the grantee or by others with its consent, including the right to cut down and true
trees to the extent necessary to keep them clear of such line or system and to cut down, from tune to time,
all dead, weak, leaning or dangerous trees that are tall enough to strike the wires. The Grantor(s) shall not
erect or place any structure, building, tree or shrub on the land below described without the express
written permission of the City of Port Angeles.
The land referred to is in TPA 30 N, Range 6 W VIM, CIallam County, Washington; Parcel Number
0630000331600000, also known as 407 East I l'h Street and the easement is more specifically described
as follows:
A strip of land, 10.00 feet in width, lying 50.00 feet on both sides of the following described
centerline: Commencing at the northeasterly most property corner proceed a distance of 84.65
feet along the northerly property line to the Point of Beginning; thence S 70°2633" E a distance
• of 51 feet more or less to the westerly most property line.
The sidelines of said easement shall extend and/or shorten to terminate at the intersecting
property lines.
1) Grantee shall have the right to ingress and egress over and across the land of the Grantor to and from
the above-described property and the right to clear all obstructions from the described property. Grantee
shall at all times have the right to full and free mgress to and egress from such said property for all
purposes herein mentioned.
2) Grantee shall not be responsible for damage caused to Grantor arising from Grantee's exercise of the
rights and privileges herem granted.
3) The Grantor shall not occupy or use the described property in a manner inconsistent with or interfering
with the herein granted.
4) If in the future the right -of way easement is abandoned by the City, the rights conveyed to the City of
Port Angeles by this easement will thereupon revert back to the property owner(s) and this easement shall
be void.
5) The right herein granted shall inure to the benefit of the grantee's successors and assigns, including any
party which it may grant contact,
,,joint user or other similar rights
DATED
C:w�it�t-
STATE OFW��)
COUNTY OF ss.
L,05 Ah3c'^;2f—&
6h Lsis o certify that on this "tin day of �' GVV 2� i� personally appeared before me
{ jai( F T j n'1 5on T77 fW l j f (yiK - 11193Phrie: Iciown to be the indtvidual%5_ described in and
who executed the foregoing instrument, and acknowledged that signed the same as free and voluntary
act and deed, for the uses and purpose therein mentioned.
Given under my hand and official seal th,
•n
JESSICA LEONARD
Carnmission,ssion # 190,559
z :r tt
Notary Public - California z
MY
Los Angeles County n
COMM Fxputs Auq 27 2014
E-43
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1169
State of California
County of E L)
On - L before me, C lig I i a Dj`�Mt N
Dield Wore Upon Name and Title of the Otticer
personally appeared _1A.AV IU.- F I I [Ut t ►-')tlf t '7 r.tA 1 Y_1_11 L
who proved to me on the basis of satisfactory
evidence to be the person(s) whose name(s) 14Ware
subscribed to the within instrument and acknowledged
to me that 4w#Me/they executed the same in
#1is/bb their authorized capacity(ies), and that by
hif/their signature(s) on the instrument the
person(s), or the entity upon behalf of which the
person(s) acted, executed the instrument.
JESSICA EONARD I certify under PENALTY OF PERJURY under the
commission # 1901559 laws of the State of California that the foregoing
" Notary Public - Californian
Z ¢' Los Angeles County paragraph is true and correct.
toy Comm. Expires Aug 27, 2014
WITNESS my ham and o"id seal.
ul� g) I
Signature: t'
Place Notary Seal Above 1 SSgnalUr ! Nohary Public
OPTIONAL 1
Though the information below is not required by law, it may prove valuable to persons relying on the document
and could prevent fraudulent removal and reattachment of this form to another document.
Description of Attache
Title or Type of Document:
Document Date:
I ` 1}
Signer(s) Other Than Named Above:�� 1 !_
Capacity(lies) Claimed by Signer(s)
Signer's Name: Signer's Name:
❑ Corporate Officer — Title(s):
❑ Individual
❑ Partner — ❑ Limited u General
❑ Attorney in Fact
❑ Trustee
❑ Guardian or Conservator
Other:
Signer Is Representing
iGHTTHUMBPRItJT;
OF SIGNER
i
Number of Pages:
❑ Corporate Officer — Title(s)
❑ Individual
0111111101imis IN
El Partner — ❑ Limited L_'. General Top of thumb here
❑ Attorney in Fact
❑ Trustee
❑ Guardian or Conservator
0 Other:
Signer Is Representing:
'^+.`.-��'+C.^^4:•�e„:c•'c^C+v"S>'?}Sri*vti:4.+ve+.-u.,,Wa.-w.�v=•.,�,.�.__...�_.�r.�..;r..�.� _ _
Item #5907
A 20.0 National Notary Association - NationalNotary org , 1 -600 -US NOTARY (1.800.676-6827)
E -44
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2012-1281720
Page t of t Easement
Port Rneeles City Of
Claliam County iiashington 07/2412012 10 27 34 AFI
mill Wl?.617,ii1rII0h'AN1141IWK.I011 45/4/1111
City of Port Angeles
Public Works and Utility Engineering
321 E 5TH ST.
Port Angeles, WA. 98362
WS#10835
WF#126375
RIGHT-OF-WAY EASEMENT
Grantor(s). Lynda Erdmann-Eshom
Grantee(s): City of Port Angeles, Washington
For good and valuable consideration, receipt of which is hereby acknowledged, the undersigned, owners
of the land below described, hereby grant to the City of Port Angeles, a municipal corporation, the
Grantee, the perpetual, irrevocable easement and right of way under, over and across the land described
below. The Grantee shall have the right to place, locate, construct, operate, repair, maintain, replace and
keep clear thereon an overhead and/or underground electric transmission and distribution line and/or
system, together with such other lines and equipment as may be placed there on by the grantee or by
others with its consent, including the right to cut down and tnm trees to the extent necessary to keep them
clear of such line or system and to cut down, from time to time, all dead, weak, leaning or dangerous trees
that are tall enough to strike the wires The Grantor(s) shall not erect or place any structure, building, tree
or shrub on the land below described without the express written permission of the City of Port Angeles.
The land referred to is in (SE 1/4, Section 7) Township TPA 30 N, Range 6 W WM, Clallam County,
Washington; Parcel Number 063007440200, and the easement is more specifically described as follows:
A strip of land, 20.00 feet in width, lying 10.00 feet on both sides of the following described
centerline: Commencing at the northwesterly most property comer proceed N 84°12'1 YE a
distance of 84.65 feet along the northerly property line to the Point of Beginning; thence S
13°43'20" W a distance of 210.77 feet more or less to the Point of Ending.
• The sidelines of said easement shall extend and/or shorten to terminate at the intersecting
property lines.
1) Grantee shall have the right to ingress and egress over and across the land of the Grantor to and from
the above-described property and the right to clear all obstructions from the described property. Grantee
shall at all times have the right to full and free ingress to and egress from such said property for all
purposes herein mentioned.
2) Grantee shall not be responsible for damage caused to Grantor arising from Grantee's exercise of the
rights and privileges herein granted.
3) The Grantor shall not occupy or use the described property in a manner inconsistent with or interfering
with the herein granted.
4) If in the future the right -of way easement is abandoned by the City, the rights conveyed to the City of
Port Angeles by this easement will thereupon revert back to the property owner(s) and this easement shall
be void.
5) The right herein granted shall inure to the benefit of the grantee's successors and assigns, including any
party which it may grant contact, joi7t user or other similar 'ghts.
DATED C I r .�lZ �64vy4t
STATE OF WASHINGTON
COUNTY OF CLALLAM) ss.
This is to certify that on this day of (� d01 personally appeared before me
L %% 'le Cl C -i � 4 � C. r� toThe known to be the individual --described in and
who executed the foregoing instrument, and acknowledged that 5(V— signed the same as and voluntary
act and deed, for the uses and purpose therein mentioned
Given under my hand and official seal this day of
{j c^
�w��1Stlfpttltfj��
♦+� .1A bJ,i • Nota T Abhc in and for the State of Washington
Residing l
y � � g at �
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2012-1281721
Page i of i Easementrt
ClaliamnCountYh
CWasOington 0712412012 10 27 34 AM
jo,iic"NWIN
City of Port Angeles
Public Works and Utility Engineering
321 E 5TH ST.
Port Angeles, WA 98362
W S4 l 0835
RIGHT-OF-WAY EASEMENT
Grantor(s): Lakeside Industries
Grantee(s) City of Port Angeles, Washington
For good and valuable consideration, receipt of which is hereby acknowledged, the undersigned, owners
of the land below described, hereby grant to the City of Port Angeles, a municipal corporation, the
Grantee, the perpetual, irrevocable easement and right of way under, over and across the land described
below The Grantee shall have the right to place, locate, construct, operate, repair, maintain, replace and
keep clear thereon an overhead and/or underground electric transmission and distribution line and/or
system, together with such other lines and equipment as may be placed there on by the grantee or by
others with its consent, including the right to cut down and trim trees to the extent necessary to keep them
clear of such line or system and to cut down, from time to time, all dead, weak, leaning or dangerous trees
that are tall enough to strike the wires. The Grantor(s) shall not erect or place any structure, building, tree
or shrub on the land below described without the express written permission of the City of Port Angeles.
The land referred to is in (SE 1/4, Section 7) & (NE 1/4, Section 18) Township TPA 30 N, Range 6 W
WM. Clallam County, Washington; Parcel Number 063007440125, also known as 142 Eclipse Industrial
Parkway, and the easement is more specifically described as follows:
A strip of land, 20.00 feet in width, lying 10.00 feet on both sides of the following described
centerline. Commencing at the northwesterly most property comer proceed N 83°27'37"E a
distance of 40 97 feet along the northerly property line to the Point of Beginning; thence S
10°47'04" W a distance of 70.56 feet; thence S 01'4 1'43"E a distance of 406.76 feet more or less
to the Point of Ending.
The sidelines of said easement shall extend and/or shorten to terminate at the intersecting
property lines
1) Grantee shall have the right to ingress and egress over and across the land of the Grantor to and from
the above-described property and the right to clear all obstructions from the described property. Grantee
shall at all times have the right to full and free ingress to and egress from such said property for all
purposes herein mentioned
2) Grantee shall not be responsible for damage caused to Grantor arising from Grantee's exercise of the
rights and privileges herein granted.
3) The Grantor shall not occupy or use the described property in a manner inconsistent with or interfering
with the herein granted.
4) If in the future the right -of way easement is abandoned by the City, the rights conveyed to the City of
Port Angeles by this easement will thereupon revert back to the property owner(s) and this easement shall
be void.
5) The right herein granted shall inure to the benefit of the grantee's successors and assigns, including any
party which it may grant contact, joint user or`other
similar rights.
DATED
�./�/(r5i/.��i ..�ii.t1li25l�✓�S
STATE OF WASHINGTON)
COUNTY OF CLALLAM) ss
nus is toocenify that o day of t Vl1 t�$Q R�,- 6TUU 1 own to i personally appeared before me
�j to lii be the individual described in and
w io executed the foregoing ii strument, and acknowledged that },_signed the same as bt i S free and voluntary
act and deed, for the uses and purpose therein mentioned
Given under my hand and official seal this :!� day of .401 a
J��vl V AN �ubhc in an or the State of Washington V i
zq. mot AR
i
>° o _
X pus . t "`.� E - 46
flF
U
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NGELES
DATE: August 6, 2012
TO: CITY COUNCIL
FROM: NATHAN A. WEST, DIRECTOR
COMMUNITY & ECONOMIC DEVELOPMENT
SUBJECT: RESOLUTION TO SET PUBLIC HEARING -STREET VACATION PETITION - STV 12-02
PORTION OF LAURIDSEN BOULEVARD/MOTOR AVENUE ALLEY
Summary: Consideration of vacation of a portion of the Lauridsen Boulevard/Motor Avenue
Alley located immediately east of Oak Street.
Recommendation: Pass the attached Resolution setting a public hearing for September 18, 2012,
and send the matter to the Planning Commission for a recommendation.
• Background / Analysis: Per RCW 35.79.010, the owners of interest in any real estate abutting
upon any street or alley may petition the legislative authority to vacate any or all of said street or
alley. A petition for vacation of that portion of alley situated in Block 7 of Fogarty and Dolan's
Addition abutting Lots 6-9 and 10-13 was received by the City on July 17, 2012. Fogarty &
Dolan's Addition was annexed into the City in 1961. The petition is signed by 100% of the
abutting property owners. Once such a petition is received, the City shall fix a time when the
petition will be heard and determined which time shall be no less than 20 days nor more than 60
days from that notice unless the petitioner requests extension of that time period.
Initial staff review of the request indicates that the platted alley is being used as part of the
abutting residential site development (2007 Oak Street) as is witnessed by the existence of a garage
structure built in 1972. The alley is not needed for public purposes and does not contain utilities or
serve properties other than the petitioners'. The alley dead ends immediately east of the subject
site It is believed that the alley has not served as access to the property to the east which is
currently undeveloped but has full access along Lauridsen Boulevard. Staff will ensure that the
property owner to the east of the site is aware of the proposal prior to formalizing a
recommendation on this matter.
The petition was circulated to Council's Real Estate Committee for review. Committee
members did not see a problem with process of the petition at this juncture.
At this juncture, the Council should set the required public hearing date for September 18,
2012, and forward to the matter to the Planning Commission for a recommendation. Staff will be
available for questions. The petition and site map are attached to this memorandum.
Attachment: Resolution and Exhibit A with Petition
•
E -47
RESOLUTION NO.
A RESOLUTION of the City Council of the City of Port Angeles,
Washington, setting a hearing date of September 18, 2012 for
consideration of a petition to vacate a portion of undeveloped
alley right of way, Port Angeles, WA.
WHEREAS, a petition is on file with the City of Port Angeles to vacate a portion of
the Lauridsen Boulevard/Motor Avenue alley abutting Lots 6-9 and 10-13, Block 7 Fogarty
& Dolan's Addition to Port Angeles, as shown on the attached as Exhibit A; and
WHEREAS, the petition has been signed by the owners of more than two-thirds of the
property abutting upon the right-of-way to be vacated.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Port
Angeles as follows:
Section 1. The petition to vacate the above-described City right-of-way shall be
heard by the City Council in the Council Chambers, 321 East Fifth Street, at the Council's
regular meeting at 6:30 p.m., or as soon thereafter as possible, on September 18, 2012.
Section 2. The City Clerk is hereby directed to give twenty (20) days notice of the
pendency of the petition and the time and place of the hearing in accordance with the
provisions of RCW 35.79.020.
PASSED by the City Council of the City of Port Angeles at a regular meeting of said
Council held on the day of August, 2012.
ATTEST:
Janessa Hurd, City Clerk
G \LEGAL\a
ORDINANCES&RESOLUnONS\RESOLUTIONS 2012\18 LaundsenBlvd MotorAve
Street Vacation 8 2 12 wpd
M A Y O R, Cherie Kidd
APPROVED AS TO FORM:
William E. Bloor, City Attorney
� �i
•
0
Filing fee: $325
File W ; j P -o, I
Date Rec*d
'Ili 7.
CITY OF PORT ANGELES
STREET VACATION PETITION
70: The City Council of the City of Port Angeles.-
We, e d 1013 f b
11— A, lrsigned petitioners, request that the following described part of '
Wthe unci
M&6r in the City of Port Anpeles be.vacated urs_11a_ntto hapter t
11 P
35.V9-'RCW. The rightT;f-, ega r described as: Q I I , , aq
way is 1 11
There are C;� owners of property abutting said right-of-way. The undersigned petitioners
are the owners of interest in real estate abutting the above described area.
0
Name
Name and sign below)
Name and sign below)
Address
5_1 I' lk PA - � L�' p- 'F
The undersigned petitioners constitute more than two-thirds of the owners of said abutting
Property. WHEREFORE, the petitioners prays that proceedings be had hereon for the vacation of
said area of
Respectfully submitted,
U NAME
(Signature
(Signature)
PHONE NO.
—DATE
7
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NGELES
DATE: AUGUST 21, 2012
TO: CITY COUNCIL
FROM: KEN DUBUC, ACTING FIRE CHIEF
SUBJECT: MEMORANDUM OF UNDERSTANDING - CLALLAM COUNTY FIRE DISTRICT #3
PURCHASE MOBILE DATA TERMINAL
Summary: The Port Angeles Fire Department will be receiving a Mobile Data Terminal (MDT)
through a Port Security Grant awarded to Clallam County Fire District #3 (CCFD#3). CCFD#3
will be doing a joint purchase of the MDTs in order to obtain pricing discounts and also to ensure
equipment is standardized throughout the region. A Memorandum of Understanding (MOU) has
been drafted in order to enable CCFD#3 to administer the grant funds and purchase an MDT on
behalf of the Port Angeles Fire Department. The Fire Department will be responsible for
providing a 25% grant match, for a total of $992.37. This amount has been set aside in the Fire
Department 2012 budget. This MOU has been reviewed by the Legal Department.
Recommendation: Authorize the Acting Fire Chief to sign the attached Memorandum of
Understanding with Clallam County Fire District #3 for the purchase of a Mobile Data Terminal.
Background / Analysis:
CCFD43 has received a FEMA Port Security Grant for the purchase of MDT's. MDT's are
computers mounted in the cabs of emergency response vehicles. The MDT's allow emergency
response personnel to immediately access vital information previously only available in book form
or via a radio transmission from Dispatch.
The MDTs to be purchased will be a standard model used by emergency response agencies
throughout Clallam County. CCFD#3 offered to do the collective purchase of the MDTs so all of
the agencies could take advantage of reduced pricing and so all equipment would be standardized
and compatible.
The MDT will be installed in a Port Angeles Fire Department vehicle and will operate with the
new wireless mesh network.
E-51
MEMORANDUM OF UNDERSTANDING - CLALLAM COUNTY FIRE DISTRICT #3
PURCHASE MOBILE DATA TERMINAL
PAGE 2
Attached is a Memorandum of Understanding between the Port Angeles Fire Department and
CCFD#3. The MOU authorizes CCFD#3 to administer the grant funding and purchase the MDT
on behalf of the Port Angeles Fire Department. As a condition of the grant agreement, the Fire
Department will be responsible for a 25% match of the purchase price. The total purchase price
will be $3872.68, which leaves the Fire Department responsible for a grant match of $992.37.
This amount has been set aside in the Fire Department 2012 budget.
Council is asked to authorize the Acting Fire Chief to sign the attached MOU with Clallam County
Fire District #3 for the purchase of a Mobile Data Terminal.
This MOU has been reviewed by the Legal Department.
E-52
• MEMORANDUM OF UNDERS'T'ANDING
BETWEEN
CITY OF PORT ANGELES FIRE DEPARTMENT AND
CLALLAM COUNTY FIRE PROTECTION DISTRICT No. 3
1) PURPOSE: The purpose of this Memorandum of Understanding (MOU) between CLALLAM
COUNTY FIRE PROTECTION DISTRICT NO. 3, Washington hereinafter referred to as
(District 3) and City of Port Angeles Fire Department hereinafter refer -cd to as Agency.
District 3 and Agency, hereinafter referred to as the "parties", joined together to submit a Port
Security Grant. The parties were successful in being awarded the Port Security Grant and
District 3 has agreed to serve as the Lead Agency to administer the Grant funds on behalf of
Agency.
2) AUTHORTI'Y: District 3 and the Agency are entering into this MOU under the authority
provided by Chapter 39.34 RCW and the PSGP FY089 MEMORANDUM OF AGREEMENT
between Marine Exchanges of Puget Sound and Clallam County lire Protection District No. 3
"MOA" which is attached hereto as Exhibit A and incorporated herein by this reference.
3) SCOPE: This MOU sets forth the agreed upon procedures for management, accountability,
direction, reporting and execution of the process, llercinaiter referred to as the Port Security
project as it relates to Grant 2009-PU-T9-K044-43, Mobile Data Terminals as set forth in
Exhibit A.
• 4) FUNDING: The parties to the MOU agree to the following funding arrangements:
a) District 3, using Port Security federal gent funding, will:
•
i) Use the Grant funds identified in the MOA to purchase the Equipment identified in
Exhibit A.
ii) Invoice the Agency for its 25% matching fund contribution and its proportionate share
of the grant maintenance and administration costs.
iii) On payment in full of the invoiced amounts by Agency, transfer the purchased
f;quipment to the Agency.
iv) Comply with all terms, conditions, and requirements stated in the MOA.
b) The Agency will:
i) Remit payment of the invoiced amounts to District 3 within 30 days of receipt of an
invoice from District 3.
ii) Sign a receipt, substantially in the form attached as Exhibit C, documenting receipt
of the Equipment.
iii) Comply with all terms, conditions, and requirements stated in the MOA.
1
E-53
5) SETTLEMENTOF DISPUTES: Disagreements between the parties arising under or relating to •
this MOU will be resolved only by consultation between the parties and will not be referred to a
court, or to any other person for settlement.
6) SECURITY: It is the intent of the parties that the Port Security project carried out ruiner this
MOU will be conducted at the unclassified level. No classified information will be provided or
generated under this MOU. It is considered "Law Enforcement Sensitive."
7) AMENDMENT, TERMINATION, ENTRY INTO FORCE AND DURATION:
a) All activities of the parties under this MOU will be carried out in accordance with the
MOA, the Port Security Project Description and this MOU.
b) Except as otherwise provided, this MOU may be amended by the mutual written consent of
the parties authorized representatives.
c) This MOU may be terminated by either party with advance notice of one hundred eighty
(1 SO) days, or at any time upon the mutual written consent of the parties. In the event both
parties consent to tenninatc this MOU, the parties will consult prior to the date of
termination to ensure termination ora the most economical and equitable terms.
8) PERIOD OF PER17ORMANCE: Subject to its other provisions, the period of performance of
this MOU shall commence on the date signed and shall continue until the Equipment has been
purchased and delivered consistent with Paragraph 4.
9) DISTRICT' 3 STAFF: District 3 statf'providing services under the terms of this MOU shall be
under the direct command and control of the District 3 and shall perform the duties required by
this MOU in a manner consistent with District 3 policies and regulations, applicable federal,
state, and local laws, and the Constitutions of the State of Washington and the United Stales.
The assignment of personnel to accomplish the purpose of this MOU shall be at the discretion
of District 3.
1 U) EQUIPMENT: All Equipment purchased or furnished by District 3 for use by the Agency in
accordance with this MOU shall be the property of the Agency and the Agency shall bear the
risk of loss and shall be solely responsible for insuring such property upon receipt of the
Equipment by ]District 3 regardless of whether District 3 or the Agency is in possession of the
Equipment.
1 l) MOU MANAGE -;MINT: The work described herein shall be performed under the
coordination of District 3 or its successors and/or designees. District 3 shall provide
assistance and guidance to the other party necessary for the perforinanee of this MOU.
12) INDEMNIFICATION: Each party shall hold harmless, indemnify and defend its officers,
officials, employees and agents, from and against any and all claims, actions, suits, liability,
loss, expenses, damages, and judgment of any nature whatsoever, including, but not limited
to, costs and attorney's fees in defense there, for injury, sickness, disability or death to
2
E-54
•
persons or damage to property or business, caused by or arising out of the performance of this
MOLJ.
13) MAINTENANCE: The Party that owns the Equipment purchased shall be responsible for the
maintenance of any and all equipment or systems installed under this MOU.
14) COMPLETE AGREEMENT: This MOU contains all the terms and conditions agreed upon by
the parties. No other understandings, oral or otherwise, regarding the subject matter of this
regarding
MOU shall be deemed to exist or to bind any of the parties hereto,
The foregoing represents the understandings reached between District 3 and the Agency on the
matters referred to therein.
IN WITNESS WHEREOF, the parties have executed this MOLJ.
CLALLAM COUNTY FIRE
PROTECTION DISTRICT NO. 3
By:
Print Name:
Its
DATE:
—
CITY OF PORT ANGELES FIRE
DEPARTMENT
BY:
Print
Its
DATE:
3
ATTEST:
APPROVED AS TO FORM:
E-55
EXHIBIT A
PSGP FY089 MEMORANDUM OF AGREEMENT
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•
C7
•
PSGP FY09 MEMORANDUM OF AGREEMENT (MOA)
Between
MARINE EXCHANGE OF PUGET SOUND
And
CLALLAM COUNTY FIRE PROTECTION DISTRICT 43
This Agreement is made and entered into by and between Northwest Maritime Advisory Service, d/b/a
Marine Exchange of Puget Sound ("Marine Exchange"), a Washington corporation, and Clallam County
Fire Protection District ##3 ("Subgrantee").
WHEREAS, Marine Exchange has been appointed by the Federal Emergency Management Agency
("FEMA") to act as the Puget Sound Fiduciary Agent ("the FA") for the FY 2009 Port Security Grant
Program ("PSGP"), pursuant to § 46 USC 70107 and the Maritime Transportation Security Act; and
WHEREAS, a Cooperative Agreement between the FA and FEMA, incorporated into this MOA as Appendix
A, makes the FA responsible for management and administration of PSGP grant award 2009-PU-T9-K044
("the Award") and designates the FA as the direct representative of FEMA and intermediary and funding
pass-through agent between FEMA and Subgrantees; and
WHEREAS, the FA's role includes but is not limited to the following tasks:
• Serve as funds pass-through agent while maintaining fiscal integrity of the Award;
• Receive funds from FEMA and disburse funds to Subgrantees in accordance with FEMA
guidelines and policies, Federal grant and procurement laws, and Subgrantee's approved
Investment Justification(s) (U(s)) including corresponding budgets, which are incorporated in to
this MOA as Appendix B;
• Ensure that procurement and payment documentation provided by Subgrantee is adequate to
satisfy subsequent Federal agency audits;
• Monitor Subgrantee's financial and accounting policies and practices with regard to the
Project(s) identified below to ensure that they properly address and comply with FEMA
guidelines and policies and with Federal grant and procurement laws;
• Conduct all necessary interactions with FEMA on matters such as project scope and budget
changes, environmental and historic preservation (ENP) requirements, timeline extensions,
andother such matters; and
• Monitor Subgrantee's progress in carrying out work on the Project(s) identified below in a
timely fashion in order to complete them within the FY09 grant period; and
WHEREAS, Subgrantee has requested and been granted an allocation of funds from grant award 2009-PU-
T9-K044 ("the Subaward") for the following Project(s):
• 2009-PU-T9-K044-39, HAZMAT Response Equipment
• 2009-PU-T9-K044-43, Mobile Data Terminals
•
E-57
WHEREAS, Subgrantee will plan, develop, and execute that (those) Project(s) in accordance with and as
defined in the IJ(s) in Appendix B; and
WHEREAS, the purpose of this MOA is to establish the conditions and circumstances under which the FA
will manage and administer the Subaward and will disburse funds to Subgrantee for approved costs incurred
in carrying out the Project(s) identified above;
THEREFORE, the parties agree as follows:
1. Pre -Project and Project Initiation Activities
a. With regard to each Project, when FEMA notifies the FA that all conditions imposed by FEMA for
the Project have been satisfied, and after this MOA has been signed by both parties, the FA shall
notify Subgrantee that its Subaward for that Project is formally effective. Such notification shall be
made by electronic or other written means; and the date of that electronic or other written notice
shall constitute the effective date of the Subaward.
b. Subgrantee shall comply with all applicable federal, State and local environmental and historic
preservation (EHP) requirements and shall provide any information requested by FEMA to ensure
compliance with applicable laws. Subgrantee is responsible for identifying and obtaining all other
required federal, state, and local permits and/or approvals necessary to complete projects. The
responsibility to ascertain and comply with all environmental and permitting requirements lies
exclusively with the Subgrantee.
c. Subgrantee shall not begin any work on any Project, including any obligation of funds, until
informed by the FA that the Subaward for that Project is effective.
d. Prior to beginning the Project(s), Subgrantee shall provide the following assurances to the FA:
• SBA Form 1623 —Certification Regarding Debarment, Suspension, and Other Responsibility
Matters
• Certification Regarding Drug -Free Workplace Requirements
• U.S. Dept. of Commerce Form CD -51 I — Certification Regarding Lobbying
• Standard Form LLL — Disclosure of Lobbying Activities (only if Subgrantee has engaged in
lobbying)
• Standard Form 242B — Assurances — Non -Construction Programs (if project is not a
construction project)
• Standard Form 242D— Assurances— Construction Programs (if project is a construction
project)
• Accounting System and Financial Capability Questionnaire (if Subgrantee has not had an active
• Federal grant within the past three years)
Subgrantee agrees to be bound by and comply with these assurances throughout the MOA period
and to bind its contractors, consultants, and vendors to the same assurances..
e. If Subgrantee is a consortium, prior to beginning work on the Project(s), it shall provide to the FA
an MOA or other document clearly setting out the identity of the consortium's coordinator or
facilitator and how the consortium will operate and how distribution and use of the resources
provided by the Subaward will be managed.
MOA Page 2 of 22 E - 58
• is If Subgrantee plans to provide an in-kind cost share, it shall provide documentation on all elements
of the cost share to the FA prior to beginning the Project(s). Such documentation shall include all
information necessary to determine that the cost is an appropriate in-kind cost share under PSGP
guidelines, including depreciated value and date of acquisition.
g. Subgrantee shall begin each Project within sixty (60) days following the effective date of the
Subaward for that Project, or this agreement may be subject to cancellation with regard to that
Project. Evidence of beginning each Project shall be reported to the FA within sixty (60) days and
may include, but is not limited to, project time line, written and/or electronic communications,
development and issue of solicitation announcements, contracting documents, purchase orders,
and/or similar compliance documents acceptable to the FA.
h. Subgrantee understands and warrants that funds received under this MOA shalt supplement, but not
supplant or replace state or local funds or other resources that otherwise, in the absence of such
funds, would have been made available for the Project(s) to be executed under this MOA, and that
if such other funds or resources would otherwise have been made available, Subgrantee may be
required to repay funds received.
2. Project Performance
a. Subgrantee shall comply with all federal statutes, regulations and guidance applicable to
administration of a PSGP Subaward, including but not limited to
With regard to administrative requirements:
o For state, local, and tribal governments: 44 CFR Part 13 (OMB Circular A-102)
o For all other Subgrantees: 2 CFR Pail 215 (OMB Circular A-110)
• With regard to cost principles:
io For state, local, and tribal governments: 2 CFR Part 225 (OMB Circular A-87)
o For colleges and universities: 2 CFR Part 220 (OMB Circular A-21)
o For not -for -profits: 2 CFR Part 230 (OMB Circular A-122)
o For for -profits: 48 CFR Part 31 (FAR 31.2)
•
• With regard to audit requirements:
o For all Subgrantees: OMB Circular A-133, which requires an annual organization -wide or
program audit if Subgrantee expends $500,000 or more of federal funds during its fiscal
year, unless a lower threshold is established by any applicable rule, regulation or standard.
• PSGP FY 09 Guidance
The FA will provide technical assistance where possible, but Subgrantee shall be responsible for
familiarity and compliance with relevant federal statutes, regulations, and PSGP guidance,
Subgrantee shall also assure that where applicable, all recipients of grant finds also comply.
Subgrantee's obligation to comply with these statutes, regulations, and guidance exist separate and
apart from this MOA and shall survive expiration or earlier termination of the MOA.
b. Subgr antee shall be additionally guided and governed by, and shall strictly adhere to, the
requirements in "Marine Exchange of Puget Sound PSGP Procurement and Purchasing Policies
and Procedures" which is hereby incorporated by reference and made a non -severable part of this
Agreement. Marine Exchange shall make changes in that document when required in order for
Subgrantee to comply with federal laws, regulations, or policy, and shall inform Subgrantee by
electronic or other written means within five (5) business days of such changes.
MOA Page 3 of 22
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c. The FA and Subgrantee agree to abide by all Special Conditions of the Cooperative Agreement in
Appendix A. Subgrantee shall also comply with the following requirement specified by FEMA as
a condition of Subaward approval:
For 39, HAZMAT Response Equipment: NA;
• For 43, Mobile Data Terminals only: Mobile data terminals installed on Washington State
Patrol vehicles are to stay in Clallam County for the life of the grant period. If WSF vehicles
are rotated out of service in Clallam County and other WSF vehicles are rotated into the
county. the terminals shall be moved to the new vehicles.
d. Subgrantee agrees to use all reasonable means to complete the Project(s) by March 31, 2012. If all
reasonable means have been used and the Project(s) cannot be completed by that date, the FA will
attempt to obtain one or more project performance period extensions from FEMA, but in no ease
will extensions for project completion, including fling of final reports, be granted beyond June 30,
2014.
e. The FA is the primary contact with FEMA regarding projects under this MOA. If Subgrantee: has
any questions, problems, or issues regarding projects, Subgrantee should make every possible
attempt to resolve them with the FA rather than contacting FEMA. The FA will, in any event, be
involved in any resolution handled in coordination with FEMA.
f. Subgrantee must get FA approval for any major project changes, including but not limited to
project intent or scope, including location or capability of equipment, equipment or services not
included in the original IJ and budget, any other budget changes, and grant performance period.
Subgrantee shall notify the FA electronically or by other written means of any such proposed major
changes. The FA will submit the proposed changes to FEMA if necessary, and upon approval, the
FA will incorporate the changes into a revised Appendix B. Subgrantee shall not enter into any
contract and/or purchase agreement for the amended scope or budget until the FA provides notice
by electronic or other written means that the change is approved.
g. Subgrantee shall not enter into contracts and/or purchase agreements for execution of the Project(s)
for any items and services except those that are listed, specifically or as part of a group of items or
services, in the approved budget for that Project in Appendix B, as revised in accordance with
paragraph 2.f. of this MOA.
h. All contracts for execution of any Project shall provide that Subgrantee, or the designated
coordinator if Subgrantee is a consortium, shall retain ultimate control and responsibility for the
proper execution of the Project and that contract and purchasing requirements as detailed herein,
including those in Appendix A, will also apply and bind any contractor, consultant or vendor when
so required by federal statute and regulations.
L In any case in which Subgrantee enters into a contract with third parties, the FA is not a party to
such a contract and shall not be obligated or liable for any breach of contract or other action at law
or in equity to any party other than Subgrantee.
j. Subgrantee shall maintain effective safeguards, control, and accountability for all property acquired
using funds under the Subaward and assure that it is used solely for authorized grant purposes as
described in Subgrantee's U(s). Title to and disposal of property shall be handled in accordance
with OMB Circulars A-102 and A-110.
3. Monitoring and Reporting
a. Throughout the Project(s), Subgrantee agrees to facilitate the FA's monitoring responsibilities by
providing reasonable response to requests from the FA, including but not limited to the following:
MOA Page 4 of 22
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• • Designation of a Project Manager with daily, hands-on involvement in the Project(s), who shall
respond to routine inquiries about the Project(s). Initial Project Manager is:
Name: Phone:
Email:
• Designation of a specific financial person who is involved in or supervises invoicing and
processing of reimbursements, and who shall respond to requests to monitor financial policies,
processes, and records. Initial financial contact is:
Name: Phone:
Email:
• Provision of prompt notice to the FA, by electronic or other written means from the Project
Manager or Subgrantee's signator to this MOA, if these personnel change
• Ensuring that reasonable access to required information about the Project(s) is granted to the FA
and, when requested, to FEMA.
• Periodically allowing the FA to make an on-site physical inspection of the Project(s).
• Notifying the FA when key milestones have been reached in the Project(s).
b. Subgrantee shall submit programmatic and financial reports on the Project(s) at such times and in
. such format as the FA prescribes. These reports shall include but not be limited to quarterly
financial reports submitted not later than the 15th day of January, April, July and October; semi-
annual progress reports by the I5th of January and July each year; and final reports required by
FEMA to close out the Project(s). The final reports must be filed with the FA within thirty (30)
days after completion of each Project, and in no event later than June 30, 2014. The FA will not
pay the final cost invoice for any Project until it has received and approved the final close-out
reports for that Project.
c. Subgrantee shall notify FA of any program income generated by a Project within the month
following the month when it is earned, and shall comply with provisions of OMB Circular A -I 10
with regard to handling of such income.
4. Funding and Payments
•
a. In executing this MOA, the FA shall follow all of its normal accounting policies and practices
including the issuance of an internal purchase order for the amount expected to be received from
FEMA and disbursed to Subgrantee for each Project.
b. In matters of invoices, payments, and reimbursements, Subgrantee and the FA shall comply with
the provisions of "Marine Exchange of Puget Sound PSGP Procurement and Purchasing Policies
and Procedures," which is further described in paragraph 2.b. of this MOA. Tile FA may make
exceptions to the provisions of that document in a one-time case of extreme hardship or
extenuating circumstances, at the sole discretion of the FA.
c. Subgrantee understands and acknowledges that only certain costs are allowable under federal law
and the PSGP guidelines, and that FEMA's approval of Subgrantee's Subaward neither guarantees
that all items and amounts in the approved budget are allowable nor supercedes or waives PSGP
provisions regarding allowable costs.
MOA Page 5 of 22
E-61
d. In no event shall the FA be obligated to reimburse Subgrantee for any Project -related expenditures .
in amounts not expressly included in the approved budget for that Project in Appendix B, as
revised in accordance with paragraph 2.f. of this MOA.
e. The FA may suspend payments to Subbn-antee if Subgrantee fails to comply with:
• The terms and conditions of the Subaward, including Qle intent stated in Subgj antee's IJ; or
• Any provision of this MOA, including but not limited to the assurances in Section 1.d.
or Appendix A of this MOA, or the document titled in "Marine Exchange of Puget Sound PSGP
Procurement and Purchasing Policies and Procedures'; or
• PSG? FY09 Guidance or any federal, state, or local law related to a Project;
Upon such finding, the FA shall notify the Subgrantee in writing to correct any deficiencies found.
If said deficiencies are not corrected within fifteen (15) business days, after consultation with
FEMA, the Fiduciary Agent may suspend or cancel this MOA and the Subaward upon furnishing
electronic or other written notice of such action to Subgrantee.
f. Subgrantee understands and acknowledges that any of the compliance failures cited in Section 4.e.
may result in a requirement by FEMA that funding already received must be repaid.
g. Subgrantee understands and acknowledges that the FA is a pass-through agent for FEMA funds,
and that if any funds are required to be repaid to the federal government because of findings of an
audit by a federal authority or for any other reason, the FA shall not be liable for such repayment.
5. Other Provisions
a. This MOA shall be binding on all parties thereto.
b. if Subgrantee is a consortium, the coordinator or facilitator identified in accordance with paragraph .
Le. of this MOA shall be responsible for compliance by all members of the consortium with the
provisions of this MOA and associated applicable statutes, regulations, and other requirements
c. Subgrantee shall not assign or transfer any interest in this MOA or the Subaward without prior
written consent of the FA and FEMA. This specifically includes any assignment and/or transfer
occurring as a matter of law or of Subgrantee ownership transfer.
d. The failure of the FA to insist upon strict performance of any provision of this agreement or to
exercise any right based upon a breach thereof, or the acceptance of any performance during such a
breach, shall not constitute a waiver of any rights assigned to the FA under this MOA.
e. The FA encourages Subgrantee to obtain and maintain, for the duration of this MOA, the following
insurance, with the FA named as an additional insured:
• Commercial General Liability insurance on ISO Form CG 00 Of 10 01 (or equivalent)
• Professional Liability Insurance (Errors and Omissions)
• Employer's Crime Insurance (Fidelity Bond)
If Subgrantee does not obtain and maintain the described insurance, Subgrantee shall indemnify,
defend, and hold harmless the FA and its officers, directors, employees, contractors, and agents,
from and against all liability, loss, cost or expense (including attorney's fees) by reason of liability
imposed upon the FA that would have been covered by said insurance if Subgrantee had obtained
and maintained it.
MOA Page G of 22
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0
f. Subgrantee shall indemnify, defend and hold harmless the FA, arising out of or related to
Subgrantee's performance under this MOA and/or the Subgrantee's conduct of the Project(s),
whether caused by or contributed to by the FA or any other party indemnified herein, including but
not limited to any breach, misfeasance, malfeasance, negligent or intentional acts of Subgrantee, its
officers, agents, or employees or its contractors or subcontractors or their officers, agents, or
employees, unless such a loss is caused solely by the misfeasance, malfeasance, or negligence of
the FA, its officers, directors, employees or agents. Such indemnity shall survive the expiration or
earlier termination of this MOA.
g. Notices shall be delivered to the addresses or e-mails shown in the signature blocks of this MOA
unless one or both of the parties provide change of such contact information by electronic or other
written means.
h. If a dispute arises out of or relates to this MOA, or a breach thereof, and if the dispute cannot be
settled through negotiation, the parties agree first to try in good faith to resolve the dispute by
mediation before resorting to arbitration, litigation or other adversarial dispute resolution process.
The mediation and any subsequent dispute resolution process, including litigation, are to be
conducted in the English language in Ute city of Seattle, Washington.
i. This MOA, along with the Appendices and other materials referred to in the MOA, constitute the
entire agreement between the FA and the Subgrantee as to the Subaward and the Project(s). Any
and all prior writings between those parties pertaining to those subjects shall have no legally
binding effect, and except as otherwise expressly provided in the MOA or the documents to which
it refers, neither shall any contemporaneous or subsequent changes to the Parties' agreement on
these topics unless made in writing and signed by both Parties.
This MOA shall take effect on the date of signing by both parties and shall remain in effect for the duration
of the Award period, ending September 30, 2014, unless terminated earlier as provided herein.
MARINE EXCHANGE OF PUGET SOUND
100 West Harrison, Suite S-560, Seattle WA 98119
E-mail: psgp @ marineexchangesea.com
Dated:
Signed:
John E.
CLALLAM COUNTY FIRE PROTECTION DISTRICT R3
323 North Fifth Avenue
Sequim, WA 98382
E-mail:
Dated:
MOA Page 7 of 22
Signed.
Veentjer, Executive Director
Print Name
Title
E-63
APPENDICES TO 0
PSGP FY09 MEMORANDUM OF AGREEMENT (MOA)
Between
MARINE EXCHANGE OF PUGET SOUND
And
CLALLAM COUNTY FIRE PROTECTION DISTRICT #3
Appendix A Cooperative Agreement Between the Federal Emergency Management Agency and Marine
Exchange of Puget Sound for management and administration of PSGP grant award 2009-
PU-T9-K044
Appendix B Investment Justification and Budget for PSGP grant award 2009-PU-T9-K044-39,
HAZMAT Response Equipment Project
Investment Justification and Budget for PSGP grant award 2009-PU-T9-K044-43, Mobile
Data Terminals Project
•
is
MOA Page 8 of 22
E-64
• _�,x�r� �Y Department of Homeland Security FEMA
o� Grant Programs Directorate I ,
I
Cooperative Agreement II
S ,
PAGE I OF 3
- - - - ---
17 SIGNATURE- -- OF- APPROVIN- ------ -G- DH -S- - OFI-'ICIAL-- -- -
20 ACCOUNTING CLASSIFICAT ION CODES
FISCAL I'UND BUD DIV
19, SIGNATURE OF AUTHORIZED RECIPIENT OFFICIAL 19A DATE
AGENCY US13ONLY _
- - -1 21 11009V40I10-
YEAR
3
I
UFC.
I1.RECIPIENTHAMEAND ADDRESS (including Zip Code)
i4 AWARD NUMBER- 2009.1'U -1'9-K044
POMS AMOUNT
Northwest Maritime Advisory Services (DBA Marine Exchnngc)
- --- --
1'U
100 W Harrison St, Suite S•560
i 5. PROJECT PERIOD. FROM 06/01/2009 TO 05131/2012
00
Seattle, WA 98199
BUDGET PERIOD FROM 06/01/2009 TO 05/31/2012
� 111
-
-- -- - - - --- - - -- -- - - - -- --- - ---- - --- - -- ---
6 AWARD DATE 08/07/2009 ( 7. ACTION
-
1A. GRANTEE IRS(VENDORN0
SUPP — i Initial
8 LGMENT NUMBER
VG0003394
i
00 I I
19, PREVIOUS AWARD AMOUNT so
3.PROJECT TITLE
10 AMOUNT OF THIS AWARD 526,888,749
FY 2009 Pon Security Grant Program
1 1. 101 AL AWARD S 26,888,749
12. SPECIAL CONDITIONS
THE ABOVE GRANT PROJECT IS APPROVED SUBJECT 70 SUCH CONDITIONS OR LIMITATIONS AS ARE SET FORTH
ON THE ATTACHED PAGE(S),
13 STATUT DRY AUTHORITY FOR GRANT
i
I
This project is supported wider Consolidated Security, Disaster Assistance, and Continuing Appaupi-aahons Act, 2009, P.L No. 1 I D-329
15. MET140D OF PAYMENT
PARS
I
E
-- - - - -- -- - ------ -------------- -
I— AGENCY APPROVAL __
--- -
�— GRANTEE ACCEPTANCE --■
16 TYPED NAME AND TITLE OF APPROVING DHS OFFICIAL
1 18. TYPED NAME AND TITLE OF AUT7iORIZED GRANTEE OFFICIAL
W Ross Ashlcy. III
John E Veentler
Assistant Admuostador, Grant Programs Directorate
i
i
Executive Director
f
I
- - - - ---
17 SIGNATURE- -- OF- APPROVIN- ------ -G- DH -S- - OFI-'ICIAL-- -- -
20 ACCOUNTING CLASSIFICAT ION CODES
FISCAL I'UND BUD DIV
19, SIGNATURE OF AUTHORIZED RECIPIENT OFFICIAL 19A DATE
AGENCY US13ONLY _
- - -1 21 11009V40I10-
YEAR
CODE
ACT
UFC.
RFG
SUB
POMS AMOUNT
9
T
1'U
10
00
00
26888749
0311 FORM 40D012 (REV. 5-87) PREVIOUS EDITIONS ARI: OBSOLETE.
OJT' FORM 4000/2 (RISV 4-88)
MOA Page 9 of 22
E-65
a r iiLT Deparinnent of Homeland Security
``"off;
FEMA AWARD CONTINUATION ! ;
}
Giant Pio tants Directorate
s' SHEET j PAGC 2 OF I
�o
Cooperative Agreement i
I
PROJEC'1 NUMBER 2001-PU-r9-K044 AWARD DATE 06/07/2009
SPECIAL CONDI77ONS
I . The grantee and any subgrantee shall comply with the most recent version of the Admmtstrative Requirements, Cost
Principles, and Audit Requirements. A non-exclusive list of regulations commonly applicable to DHS grants are listed
below.
A. Administrative Requirements
I
1. 44 CFR Part 13, Uniform Administrative Requirements for Grants and Cooperative Agreements to State and
Local Governments
2. 2 CFR Pail 215, Uniform Administrative Requirements foi Grants and Agreements with institutions of Higher
Education, Hospitals, and Other Non -Profit Organizations (OMB Circular A-110)
B. Cost Principles
1, 2 CFR Part 225, Cost Principles for State, Local and Indian Tribal Governments (OMB Circular A-87)
2. 2 CFR Part 220, Cost Principles for Educational Institutions (OMB Circular A-21)
I
3. 2 CFR Part 230, Cost Principles for Non -Profit Organizations (OMB Circular A-122)
1
4. Federal Acquisition Regulations (FAR), Part 312 Contract Cost Pi inciples and Procedures, Contracts with
Commercial Organizations
C Audit Requirements
I. OM13 Citcniar A-133, Audits of States, Local Governments, and Non -Profit Organizations
i
2 Recipient understands and agrees that it cannot use any federal funds, either directly or indirectly, in support of the t
enactment, repeal, modification or adoption of any law, regulation or policy, at any level of government, without the
express prior written approval of FL'MA.
3 The recipient agrees that all allocations and use of funds under this grant will be in accordance with the FY 2009 Poli
Security Grant Program guidance and application kit.
4. The Deparlment of Homeland Security (DHS) has elected to enter into cooperative agreements with FY 2009 Port
Security Grant Program (PSGP) funding recipients for projects taking place within port areas identified as Group i or
Group Il ports within the FY 2009 PSGP Guidance and Application Kit The nature of the Federal involvement in the
execution of this program may include joint conduct of a Group i or Group Il project. Other examples of prospective
substantial Federal involvement include the following:
'
• Collaboration, participation, and/or intervention in any Group f or Group If activity covered by the cooperative
agreement;
• Appioval from DHS pi for to the selection of a new Group I or Group If project or commencement of the next phase
of an approved Group i of Group 11 project,
• Authority for DHS to halt a Group 1 or Group it activity if detailed performance specifications are not met;
• Au0iotity for DHS to direct or tedirect the scope of work of a Gioup I or Group 11 project based on new
circumstances; and,
• Authority foi DHS to require Group 1 oi• Group 11 award recipients (including Sub recipients) to participate in a port j
wide risk management planning project. i
OJP FORM 400012 (REV. 4-88)
MOA Page 10 of 22 0
E-66
•
•
•
c`rnn""i; f Department of Homeland Security
FEMA AWARD CONTINUATION i
)' Grant Pro rams Dneetotate s '
g =. SHEET PAGE 3 OF 3
Cooperative Agreement
P l;
i
PROJECI'NUMBUR 2009-PU-T9-K044 AWARpllATE 08/07/2009
SPBCJAL CONDITIONS
5. The grantee is prohibited from obligating, expending or drawing down funds provided through this award until a
Budget Review is completed and approved by the Grants Management Division (GMD) and an official notice has been
issued removing this special condition.
G. The grantee is prohibited from obligating, expending or drawing down funds provided through this award until all
applicable programmatic documents ate provided to and approved by the program office and an official notice has been
issued removing this special condition
7. The grantee is prohibited from obligating, expending of drawing down fiends provided through this award until all
applicable programmatic documents are piovided for and approved by a DHS/FEMA Environmental and Historic
Preservation review and an official notice has beeri issued removing this special condition.
8. Radiological detection equipment must be compliant with applicable national guidelines adopted by the U S.
Department of Homeland Security, including ANSI N32313-2003, ANSI N42 32-2003, ANSI N42.33-2003, and
ANSI N42.35-2004.
OJP FORM 4000/2 (RGV 4-88)
MOA Page t i of 22
E-67
Department of Homeland Security, FEMA
J O
Grant Programs Directorate
Washington, AC 10531
Memorandum To: Official Grant File
From: Jeffrey Hall, GPD NEPA Liaison
Subject: Incorporates NEPA Compliance in Further Developmental Stages for Northwest
Maritime Advisory Services (DBA Marine Exchange)
The recipient shall comply with all applicable Federal, State, and local environmental and historic
preservation (EHP) requirements and shall provide any information requested by FEMA to ensure
compliance with applicable laws including: National Environmental Policy Act, National Historic
Preservation Act, Endangered Species Act, and Executive Orders on Floodplains (11988), Wetlands
(11990) and Environmental Justice (12898). Failure of the recipient to meet Federal, State, and local EHP
requirements and obtain applicable permits may jeopardize Federal finding. Recipient shall not
undertake any project having the potential to impact EHP resources without the prior approval of FEMA,
including but not limited to communications towers, physical security enhancements, new construction,
and modifications to buildings that are 50 years old or greater. Recipient must comply with all conditions
placed on the project as the result of the EHP review. Any change to the approved project scope of work
will require re-evaluation for compliance with these EI -IP requirements. If ground disturbing activities
occur during project implementation, the recipient must ensure monitoring of ground disturbance and if
any potential archeological resources are discovered, the recipient will immediately cease construction in
that area and notify FEMA and the appropriate State Historic Preservation Office. Any construction
activities that have been initiated prior to the full environmental and historic preservation review will
result in a non-comphance finding.
MOA Page 12 of 22
E-68
•
• FY09 PSGP Investment Justification Template — Puget Sound
t
Port Angel
es
.�.yyv_; T Washin ton
Clallam County Sheriffs Office on Behalf of Local Consortium
`t> _r
ria
HAZMAT Response Equipment
$141,522
1. Background
• Area of Operations:
o COTP Zone: Puget Sound
o Eligible Port area: Port Angeles
• Project Site is at the Fire District 3, Sequim Fire Department, Sequim WA
Authorizinp Official: Howard V. Doherty, Jr., Chair — Ciallam County Board of Commissioners
223 E. 4� Street, Port Angeles, WA 98362
360417-2233
mdohertyD—co.ciallam.wa.us
Project Manager: Patti Morris and POC for the Project
223 E. 4t" Street, Suite 12
Port Angeles, WA 98362
360-461-9008
pmorris(cDco.clal lam.wa. us
Ownership or Operation: This IJ is a consortium request for the Clallam County Sheriffs Office, City of Port
Angeles, Port of Port Angeles, Port Angeles Fire Department, Port Angeles Police Department, Clallam County
40Fire District #2 and #3, all of which are agencies that would respond to the Port of Port Angeles in the event of
an incident, These partner agencies are working closely together to identify and address risks and gaps in
capabiities and capacities. The Clallam County Sheriffs Office has the resources to manage this grant.
Role in providing layered protection of regulated entities: Clallam County Sheriffs office and Port Angeles
Police Dept. are the local agencies responsible for homeland security functions in Clailam County. In the event
of an incident, they would be first on the scene, along with Port Angeles Fire Department, Clallam County Fire
District #2 and Clallam County Fire District #3 would provide mutual aid in the event of a large incident at or
near the Port of Port Angeles. In particular the Sequim Fire Department (Clallam County Fire District 3) has the
greatest HAZMAT expertise of all local agencies and provides HAZMAT services in all incidents where it is
required. These local agencies often provide mutual aid to state and federal agencies and the Coho Blackball
Ferry.
Important features:
• PRMP Section 6.5.1 States: "Port Angeles has several sources of strategic risk to the passenger
transportation strategic function with the highest level coming from a vessel being used as a
weapon, followed by an attack by a terrorist assault team and by vessel or vehicle -borne IEDs. The
following facilities have been identified as primary contributors to the strategic risk and are listed in
order of level of risk, highest to lowest: COHO Ferry Terminal, COHO Ferry Vessels"
• PRMP states that the facility determined to be the highest risk facility in the Puget Sound region -area,
based on information provided by MSRAM (the Maritime Safety Risk Assessment Model) is the COHO
Black Ball Ferry Terminal.
• Regulated facilities in the Clallam County Sheriffs Office AOR include Port of Port Angeles, Coho Ferry
Terminal, Blackball Ferry Vessel, and the Victoria Express Passenger Ferry.
• The Port Angeles area is the gateway to Puget Sound. There is an average of 30,000 commercial
vessel trips through the Strait each year. All commercial vessels have to pick up a marine pilot, from
Puget Sound Inland Pilots Assn. at Port Angeles to continue their voyage east into Puget Sound. Any
of these vessels could be a possible terrorist target, or be used to transport terrorist or materials for
attacks on U.S.citizens, or critical facilities located in the Pod Angeles area.
• All of the consortium members are NIMS compliant and provide reporting to Washington State EMD on
MOA Page 13 of 22
E-69
1 that status in order to be eligible for grants.
Other sources of funding being leveraged for security enhancements. Clallam County Sheriff's Office
continually seeks out all available funding sources to support our Marine Unit. Currently the unit does not
receive any grant funds to operate. We received a DHS (FEMA) interoperability grant in 2003 for $5.8 million,
a DHS/NTIA interoperability grant in 2007 for $7.8 million, and grants for a vessel, training, and exercise in
PSGP FY10.
II. Strategic and Program Priorities
Haz-Mat Decon Response Equipment, sufficient to supply two identical mass casualty contaminations suites
located at near the two primary port areas in Clallam County — Sequim and Port Angeles. The equipment could
be moved to other locations if needed. As the primary user, Fire District 3 (Sequim Fire Department) would
manage and provide upkeep of the assets for the benefit of the consortium.
The investment would provide Scene Management (Barricades and traffic control through a funnel point),
identification (Atmospheric monitors, Weather Monitor, Hazard Identification device), PPE (Suits, donning
doffing assistance, Powered Air Purifying Respirators that we are fit tested annually), Decon (Suites, Heaters,
Pumps, Risers, Runoff collection, Cleaning Solutions, Brushes, etc.), Casualty Collection (Shelter for injured
and wet victims), and Rehab Considerations (Operating in Level B suits makes responders susceptible to heat
exertion/exhaustion. )
The following equipment is requested: (AEL #s on attached list)
1. Monitoring/Detection Equipment consisting of MSA Solaris 4 Gas Detector, Kestrel 4500 w/Bluetooth
Yellow, Masimo Rad -57 Oximeter, Smiths Detection LCD 3.3 Chemical Detector.
2. Haz-Mat Personal Protective Ensembles consisting of MSA OptimAirMSA 6 HC PAPR, MSA
Responder PAPR Multi -gas HE (P100 Filter and also poison gases and vapors), MSA Clear Command
Helmet communication system OR Con -Space Throat Mic, HZ9420 Multi -Threat Suite, Chem Bio Suit
Applied Response Solutions.
3. Decontamination Suite/Shelter equipped with Non -Ambulatory Transfer Boards, Floor Riser Boards,
Lights, 3 -Line Flash Water Heater, (Diesel/Kerosene/JP8), w/Solution injector, 3 -Line, Salamander
Hesater, Diesel 100,000 BTU/Hr, 1200 CFM, 540 Watt, Black Ducting, 500 Gallon Waste Water
Bladder, Decon Shelter, External Waste Water Basin/Berm, External Basin/Berm, 3 Step Decon, 96" x
96", Shelter, Casualty Management/Treatment/Logistics, Lavatory Shelter, Field setup, Portable, Little
Giant Load Platform Truck with/pneumatic tires.
4. Misc Decon Items including contamination reduction supplies, decontamination solution, water supply
tool kit, and decontamination corridor control items.
5. Rehab Items for Responders including cooling equipment for use with chemical protective suits, cooling
vests, Kore Kooler Rehab Chair Kit, Insta-bench, 3 seat, Crew Boss Rehab Cart Kit for NFPA 1584,
2008 ed.
6. Patient/Contaminated Victim Retrieval Device Skedko Complete Skyhook System, portable stretcher,
wheeled, simulation manikins for HM and Medical Treatment.
7. On -Scene Patient/Equipment Movement including Polaris Ranger 6'x6', Kimtek MTD -10 Patient
Transport Skid Unit for Polaris, Wells Cargo 16' Trailer for Polaris Transport.
PSGP Priorities:
Enhance IED/CBRNE Prevention, Protection, Response & Recovery and Port Wide Collaboration: This
investment will continue to enhance all multi -jurisdictional agencies capabilities to prevent, detect, respond,
and recover from terrorist attacks employing IEDs, CBRNE, and other non -conventional weapons.
PRMP Priorities:
7.4.1.1 This investment will support the pre -planned unified command structure, clarifying the role of state
and local authorities for such an incident.
7 4.4 4 Stakeholders need training on response protocols.
MOA Page 14 of 22 e -70
do
•
•
•
7.4.5.4 The ability to share HAZ-MAT Decon Response Equipment for the Port area will improve the two-
way information -sharing mechanism and enhance the partnership between local, state, federal, and private
entities
The project supports the response procedures set forth in the AMSP.
III. Impact
During a recent exercise (Operation Alligator, capability gaps were identified at the Port of Port Angeles and the
adjacent City Pier. The members of this consortium, together with other state and federal agencies, do not
have the capability to respond effectively to any HAZMAT incident. Clallam County currently has two three line
decontamination suites (TVI Corp.) with only one set of water heater and air heater that is stored in a trailer the
Port Angeles Airport and controlled by the Port Angeles Fire Department. Currently there are no respiratory
protection devices in the area that are appropriate for HAZMAT decon. We do not have Law Enforcement with
adequate PPE or Respiratory Protection to operate in a HOT or WARM zone to enforce compliance through a
casualty collection point such as decontamination. The resources requested in this IJ would completely
address this capability clap, enabling effect response to a HAZMAT incident.
None in the northern Olympic Peninsula or anywhere within reasonable travel time for incident response, that
we are aware of.
IV. Funding & Implementation Plan
• Upon award, will procure equipment within the 15'12 months of grant.
• All work will be completed by March 1 at, 2012
• Haz-Mat Exercise will take place, funded by consortium agencies prior to March 1, 2012.
• Project Close Out March 15, 2012.
MOA Page 15 of 22
E-71
M
MOA Page 16 of 22
ern AEL#
"b6tection-, quipOih', dMift
IVIS01-KAVCI
Kit, AirNapor Chemical Sampling
3-KMONI Kits, Confined Space Air Monitoring
Kestrel 00 -
-W-ENVaLlEguipment, Environmental (leather) Surveillanoe.
Masimo Rad -57 Oximeter-
WZZ-OONCBRLEQuipment, Specialized Hazard Detection, non-CBRNE
[09ME-03-PDXII—oximeter Pulse
Smiths Detection LCD 3.3 Chemical Detector-
T07CD-0 1 -DPMGt Detector, Multi -sensor Meter, Point, Chemical
MSA OptimAir, MSA 6HC PAPR, MSA Responder PAPR
f01AR-02 CERN] Air -Purifying Respiratpr (APR. 01AR-03 CBRN Powered Air -
Punfying Respirator (PAPR,
Multi -gas HE (P100 Filter and also poison gases and
MSA Clear Command Helmet communications or Con-
106CP-03-PRACI Accessories, Portable Radio
Space Throat Mic-
HZ9420 Multi -Threat Suit, Chem Bio Suit Applied
fO 1 CB-02-ENSMI Ensemble, Terrorism Incident Protective, NFIPA 1994 Class 2.
Response Solutions -
' 'l ',
.NObbuith61 dm Saftobst"ng:0f.
a
Shelter, non ambulatory transfer boards, Floor Riser
f08D2-01-HTRBI Heater, Portable Air Blower
[08D2-01-HTRW) Heaters, WaterTransportable[O8D2-0j-LDQ9LDevice.
Boards, Lights, 3 -line Flash Water Heater, (Diesel,
,
Liquid Decontamination Containment
Kerosene/1P8), w/ Solution injector, 3 -Line Salamander
1`08D2-01-LITEI Lighting, Decontamination Area
[08D2-01-TDCS1 Items, Support. Decontamination Corridor
Heater (Diesel, 100,000 BTU/hr, 1200 CFM, 540 Watt),
f08D2-01WVVCDl Drum, Waste Water Containment
Black Ducting, 500 gallon waste water bladder, Decon
Shelter, External Waste Water Basin/Berm, External
MOA Page 16 of 22
H
0
0
0
MOA Page 17 of 22
Basin/Berm, 3 Step Decon (96" x 96" -
Shelter, Casualty Management/Treatment/Logistics
L19SS-OOSHELI S_Ystems, S-helte—r. Rapid DeOoyment
(Lavatory Shelter, Field Setup Portable) -
Little Giant Load Platform Truck wl pneumatic tires-
f19MH-OOCARI] Cart, Field
'JI 2�
IN,
s.
Brushes/Barricades/Detergent-
OD -03-TDED] Equipment. Technical Decontamination - Dry
08D2-03-TDEW
J.Eguipment. Technical Decontamination -Wet
�Q�g
`yry-
ill i a
Cooling Equipment for use with chemical protective
[01 6-COOLI GarmentlVest/Device-Coolinci
suits (Cooling Vests)-
Kore Kooler Rehab Chair Kit (Insta-Bench 3 -Seat)-
f01ZA-06-COOLIGarmenWest/Device, Cooling
Crew Boss Rehab Cart Kit for NFPA 1584 2008ed.- [08D2-01-TI)CS1 Items, Support. Decontamination Corridor,
f0IZA-06-HYDRI Hydration System. Personal,
f01ZA-06-COOLI GarmentNest/Device, Cooling
Y6 5 up-, em,
eft, A -r eva
,'&48
u
Skedco S kyhook System& Portable Stretcher/wheeled-
fOBD2-01-LITR1 Devic—e Victim Extrication
09ME-05-GURNI Gurneys
09ME-05-LITRLLitters/Stretchers
Simulation Manikins for HM and Medical Treatment- [09TR-01-CSIM1 Equipment. Training/Casualty Simulation
IY
Polaris Ranger with Kirntek e rs
Unit for Polaris -Specialized Mission, GBRNE
16' Trailer for Polaris Transport-
12TR-00-TEQPI Trailer Equipment
MOA Page 17 of 22
FY09 BUDGET DETAIL WORKSHEET - CLALLAM COUNTY - HAZMAT RESPONSE EQUIPMENT
Amount to go in "Investment Heading" on IJ 141,522
,Grand -Tota)J :(Federall,Rp
.r0J-
BUDGET SUMMARY
Total
Budget Category Project
Cost
Entered by Applicant
Match
Amount
Total
M&A
A. Personnel
Calculated
1,151
4,602
Line
Item
#
Budget Category I Item
Est.
Cost
Each
Qty
Est. Cost
Sales
Tax
Total
Project
Cost
Federal
Funding
Request
Match
Amount
Total
M&A
D. Equipment
W,Peiion nel
138,070
46,023
E. Supplies
-
-
-
Al
Patti Morris - Project Mgr. & Grant Coord
1 4.602
1
1 4,602
1
3,452
1,151
4,602
`Personnel Totals'
H. indirect
3,452'
1,151
4,602
-4
,D. Equlpfppbt-'n.',,J
DI
Monitoring/Detection
19,210
1
19,210
1.614
20,824
15,618
5,206
D2
Haz-Mat Personal Protective Ensembles
47,280
1
47,280
3,972
51,252
38,439
12,813
D3
Decontamination Suite/Shelter
31,333
1
31,333
2,632
33.965
25,474
8,491
D4
Misc. Decontamination Items
12,501
1
12,501
1,050
13,551
10,163
3,388
D5
Rehab Items for Responders
9,500
1
9,500
798
10,298
7,724
2,575
D6
Patient/Contaminated Victim Retrieval DeviceJ
50,004
1
50,0041
4,200
54,204
40,653
13,551
EquipmentTotals
184,094
138,070
46,023 -
Total Direct Costs
'184,094
'141,522
47,174
4,602
180941,',141;522,'. :,47;174
02,
Amount to go in "Investment Heading" on IJ 141,522
,Grand -Tota)J :(Federall,Rp
.r0J-
BUDGET SUMMARY
Total
Budget Category Project
Cost
Federal
Funding
Request
Match
Amount
Total
M&A
A. Personnel
3,452
1,151
4,602
B Fringe Benefits
-
-
-
C. Travel
-
D. Equipment
184,094
138,070
46,023
E. Supplies
-
-
-
F. Consultants/Contractors
G. Other
H. indirect
184,,094,1,'
141,522
-4
MOA Page 18 of 22
E-74
0
0
. FY09 PSGP Investment Justification Template — Puget Sound
1. Background
• Area of Operations:
o COTP Zone: Puget Sound
o Eligible Port area: Port Angeles and other ports throuighout the Strait of Juan De Fuca
o Project Site is at throughout Clallam County
• Point(s) of contact for organization (include contact information):
Authorizing Official: Howard V. Doherty, Jr., Chair— Clallam County Board of Commissioners
223 E. 4 Street, Port Angeles, WA 98362
360-417-2233
mdoherty fto.clallam.wa.us
Project Manager: Patti Morris and POC for the Project
223 E. 4th Street, Suite 12
Port Angeles, WA 98362
360461-9008
pmorrisAco.claliam.wa.us
Ownership or Operation: Clallam County Sheriffs Office is a local agency; Clallam County Fire District #3 is a
• local agency; Washington State Patrol is a state agency.
Role In providing layered protection of regulated entities: Clallam County Sheriffs Office has the
responsibility for all of Clallam County in which the Port of Port Angeles is located. The City of Port Angeles
Police Dept. has primary jurisdiction and is a partner, Clallam County Fire District #3 is the lead agency for
Washington State Homeland Security Region 2 Technical Rescue Team for Clailam and Jefferson Counties
Washington State Patrol provides ongoing and daily assistance and backup to local law enforcement agencies
in Clallam County.
c:
Important features:
• PRMP Section 6 5.1 States: "Port Angeles has several sources of strategic risk to the passenger
transportation strategic function with the highest level coming from a vessel being used as a
weapon, followed by an attack by a terrorist assault team and by vessel or vehicle -borne IEDs. The
following facilities have been identified as primary contributors to the strategic risk and are listed in
order of level of risk, highest to lowest: COHO Ferry Terminal, COHO Ferry Vessels"
• PRMP states that the facility determined to be the highest risk facility in the Puget Sound region -area,
based on information provided by MSRAM (the Maritime Safety Risk Assessment Model) is the COHO
Black Ball Ferry Terminal.
• Regulated facilities in the Clallam County Sheriffs Office AOR include Port of Port Angeles, Coho Ferry
Terminal, Blackball Ferry Vessel, and the Victoria Express Passenger Ferry.
• The Port Angeles area is the gateway to Puget Sound. There is an average of 30,000 commercial
vessel trips through the Strait each year. All commercial vessels have to pick up a marine pilot, from
Puget Sound Inland Pilots Assn. at Port Angeles to continue their voyage east into Puget Sound. Any
of these vessels could be a possible terrorist target, or be used to transport terrorist or materials for
attacks on U.S.citizens, or critical facilities located in the Port Angeles area.
• All of the consortium members are NIMS compliant and provide reporting to Washington State EMD on
that status in order to be eligible for grants.
MOA Page 19 of 22
E-75
Port Angeles
Washington
Clallam County Sheriffs Office on Behalf of Local Consortium
Mobile Data Terminals
1. Background
• Area of Operations:
o COTP Zone: Puget Sound
o Eligible Port area: Port Angeles and other ports throuighout the Strait of Juan De Fuca
o Project Site is at throughout Clallam County
• Point(s) of contact for organization (include contact information):
Authorizing Official: Howard V. Doherty, Jr., Chair— Clallam County Board of Commissioners
223 E. 4 Street, Port Angeles, WA 98362
360-417-2233
mdoherty fto.clallam.wa.us
Project Manager: Patti Morris and POC for the Project
223 E. 4th Street, Suite 12
Port Angeles, WA 98362
360461-9008
pmorrisAco.claliam.wa.us
Ownership or Operation: Clallam County Sheriffs Office is a local agency; Clallam County Fire District #3 is a
• local agency; Washington State Patrol is a state agency.
Role In providing layered protection of regulated entities: Clallam County Sheriffs Office has the
responsibility for all of Clallam County in which the Port of Port Angeles is located. The City of Port Angeles
Police Dept. has primary jurisdiction and is a partner, Clallam County Fire District #3 is the lead agency for
Washington State Homeland Security Region 2 Technical Rescue Team for Clailam and Jefferson Counties
Washington State Patrol provides ongoing and daily assistance and backup to local law enforcement agencies
in Clallam County.
c:
Important features:
• PRMP Section 6 5.1 States: "Port Angeles has several sources of strategic risk to the passenger
transportation strategic function with the highest level coming from a vessel being used as a
weapon, followed by an attack by a terrorist assault team and by vessel or vehicle -borne IEDs. The
following facilities have been identified as primary contributors to the strategic risk and are listed in
order of level of risk, highest to lowest: COHO Ferry Terminal, COHO Ferry Vessels"
• PRMP states that the facility determined to be the highest risk facility in the Puget Sound region -area,
based on information provided by MSRAM (the Maritime Safety Risk Assessment Model) is the COHO
Black Ball Ferry Terminal.
• Regulated facilities in the Clallam County Sheriffs Office AOR include Port of Port Angeles, Coho Ferry
Terminal, Blackball Ferry Vessel, and the Victoria Express Passenger Ferry.
• The Port Angeles area is the gateway to Puget Sound. There is an average of 30,000 commercial
vessel trips through the Strait each year. All commercial vessels have to pick up a marine pilot, from
Puget Sound Inland Pilots Assn. at Port Angeles to continue their voyage east into Puget Sound. Any
of these vessels could be a possible terrorist target, or be used to transport terrorist or materials for
attacks on U.S.citizens, or critical facilities located in the Port Angeles area.
• All of the consortium members are NIMS compliant and provide reporting to Washington State EMD on
that status in order to be eligible for grants.
MOA Page 19 of 22
E-75
Other sources of funding being leveraged for security enhancements: The City of Port Angeles is
contributing $500,000 to waterfront improvements that include the Port Angeles Pier. Clallam County
Sheriffs Office continually seeks out all available funding sources to support our Marine Unit. Currently the
unit does not receive any grant funds to operate. We received a DNS (FEMA) interoperability grant in 2003
for $5.8 million, a DHS/NTIA interoperability grant in 2007 for $7.8 million, and grants for a vessel, training,
and exercise in PSGP FY10.
Background of this IJ: In early 2009, a Stakeholder Committee convened to define issues/solutions
between local, state, federal, and tribal law enforcement agencies within Clallam County that would be
involved in any homeland security inidents. Communications and interoperability were identified as the
number one area needing most improvement. The first responder agencies in Clallam County, including
City of Port Angeles Police & Fire, Sequim Police Department, Clallam County Fire District #3, Forks Police
Department, La Push Tribal Police Department, Lower Elwha Tribal Police, Neah Bay Tribal Police, and
Clallam County Sheriffs Office, work closely with each other through mutual aid agreements and are
improving their interoperability capabilities. PENCOM 911 is now able to dispatch via the Mobile Data
Terminals that are being deployed by Ciallam County Sheriffs Office, Port Angeles Police Department, and
Sequim Police Department through funding from DHS Operation Stonegarden grants.
Ii. Strategic and Program Priorities
Forty-one mobile data terminals and associated equipment. This would include 11 for Washington State Patrol
units in Clallam County, and 30 for Clallam County Fire District #3 These units would be Dell GD8000-23 or
Panasonic Toughbook CF -31 or equivalent. WSP is aware of and supports this request [AEL 04HW-01-MOBL]
PSGP Priorities:
Enhance IEDICBRNE Prevention, Protection, Response & Recovery and Port Wide Collaboration: This
investment will enhance multi jurisdictional agencies' capabilities to prevent, detect, respond,
and recover from terrorist attacks employing IEDs, CBRNE, and other non -conventional weapons by enabling
them to be dispatched and respons to alerts and incidents in an efficient and effective manner.
PRMP Priorities:
7.4.2.1 Measures to protect passenger transportation systems and other high -consequence facilities from
vessel -borne IEDs and water -borne attacks are needed.
This project supports the AMSP
Ill. Impact
Because neither WSP nor Fire District #3 has had funding to buy mobile data terminals, there is an
interoperability gap in dispatching within Clallam County, which can cause confusion and delays in getting the
closest and most appropriate first responder to an incident quickly. With all responders on the same dispatch
system as PENCOM 911, responders will be able to work together seamlessly in responding to an incident at
the Port of Port Angeles or in any port area within Clallam County, which extends across the entire north coast
of the Olympic Peninsula.
agencies have no Mobile Data Terminals in their vehicles
MOA Page 20 of 22
E-76
0
•
•
•
IV. Funding & Implementation Plan
• Months 1-2: Procure the mobile data termoinals.
• Month 3: Install in vehicles.
• Month 4: Test and train,
• Month 5: Put into regular use.
• Month 6: Close out project.
MOA Page 21 of 22
E-77
FY09 BUDGET DETAIL WORKSHEET - CLALLAM CTY / WSP - MOBILE DATA TERMINALS
Amount to go in "Investment Heading" on IJ lr t,Ub4
.Grand Tata1,-(Federat:)�epuest;+,Match) o�„(P,.rajea;Cosk± Nt8�4}'; c,,,'r- `, ;369;419;
8,109
BUDGET SUMMARY
Budget Category
Entered by Applicant
Calculated
Line
Item
#
Budget Category / Item
Est'
Cost
Each
Qty
Est. Cost
sates
Tax
Total
Project
Cost
Federal
Funding
Request
Match
Amount
Total
M&A
-
Al
Grants Manager 1 9,0101 11 9,010 6,7581 2,253 9,010
-
,Personnel Totals • = - 6;758. • 2,253 1,, 9,010
V" —:+7. — �'�•., _ ,'^,s�,',,'i s_ -
DI
D1
Ruggidized Mobile Data Terminals 1 8,1091 411 332,480 27,928 360,408 270,306 90,102
90,102
",Equipment Totals,.,: 332,480 ' , , ,. ` . 360;408 270,306, ; . 90,102,
E. Supplies
Total Direct Costs 360,408 277,064; ', 92,355' .9,010
-
-',, 365757. - =;2r7�,064; ;92355:
Amount to go in "Investment Heading" on IJ lr t,Ub4
.Grand Tata1,-(Federat:)�epuest;+,Match) o�„(P,.rajea;Cosk± Nt8�4}'; c,,,'r- `, ;369;419;
8,109
BUDGET SUMMARY
Budget Category
Total
Project
Cost
Federal
Funding
Request
Match
Amount
Total
M&A
A Personnel
-
6,758
2,253
9,010
B. Fringe Benefits
-
-
-
C. Travel
-
-
-
D. Equipment
360,408
270,306
90,102
-
E. Supplies
-
-
-
F. Consultants/Contractors
G. Other
-
H. Indirect
-
;TotalCosts - ;;ti ;ti` = °.,;,; ` `,:=
?•,w 360;408,27,7;064.
',s.92,3b5:
MOA Page 22 of 22
E-78
•
•
•
EXHIBIT B
EQUIPMENT LIST
E-79
Mobil&
Corporate Headquarters
1200 W Mississippi Ave
Denver, CO 80223
Email: sales(drncsmobile.com
Customer:
Clallam Co Fire Dist 3
323 North 5th Avenue
Sequlm, WA 98382-3313
Quotation
Tonv Hudson I Origination
Quote QT -6223/12
for: Clallam Co Fire Dist 3
Page 1 of 2
Print Date 06/20/2012
Quote Valid Date 07.12.2012 10:15 pm
Inside Sales Rep: Amy Hale
Email: amyh@pcsmobile.com
Phone: 888-219-8699
Fax: 940-683-4314
Salesperson: Brian Ferring
Email: brianf@pcsmobile,com
Quote Created By: Brian Ferring
30
TII-MST-548
Lln6 Item Number Description/Comments Quantity
Unit
Price
ExterW�d
1 CE 31QZAAFIMWin7,i3-
2310,320G,2G,WifyeT,DP,VZW4GLTE,Ebklt,pr
of sery
1 3488
Price
3488
2 Cr-WMBA1002G PANASONIC 2GB MEMORY
1 4g
48
3 RAM -INSTAL. INSTALLATION Of RAM
1 30
30
Quote Sub
Total
$3566.00
Quote Total
$3566.00
Notes
Washington DIS contract number T11 -MST -548
Page 1
www.pcsmobile.com
•
r�
�11
•
•
•
Su
Quote QT -6223/12
k, for: Clallam Co Fire Dist 3
Page 2 of 2
s•w ,.. r mobile -
Terms
Portable Computer Systems, tile., dba: PCS Mobile
Standard Reseller: Terms and Conditions
1 Contract Ternls These Terms and Conditions are attached to and made it pall of a "Quote" fol i esale of products ("Product%")
provided by Por table Computer Systems, Inc, dba: ITS Mobile ("PCS") to the buyer named therein ("Buyei"), and all further
lefeiences herein to "this Agieement" mean the Quote, including these Teens and Conditions. Upon acceptance of this Agreement
by Buyer, the provisions of this Agreement constitute a binding conte act between PCS and Buyer. This Agreement shall be
accepted by Buyer upon either receipt from Buyei of any written cOnlillunication confit ning this Agieement of acceptance by
Buyer of• Products shipped by PCS pursuant to this Agreement This Agreement supersedes all prior comnutnlcationS relating to
the PrOdlrctS covered by this Agreement, and any contrary or supplemental provisions in any Buyer purchase order or other
coni m nicabon front Buyei are specifically rejected
2. Pavinent Payment for the Producls shall be in US dollars as Stated til this Agreenlent, Unless staled otherwise, prices stated in
this Agreement do not include any State of local Sale, use or other taxes of assessments or freight changes (beyond delivery by PCS
to Colllil1on carrier), all of, which Shall be paid by Buyer A service charge of 1 51k per month will be charged on all past due
balances and will be due on demand All PCS cosh of collection, including iettsonable attorney's fees, shalt be paid by Buyei.
Buyer giants PCS a security interest (and file iigflt to file UCC financing statenlents) in the Products to secure payment of '111
amounts due. If Buyer fails to make any payment when due, PCS Shall have (lie right to (evoke any credit extended, regal ding the
Products or otherwise, to delay or cancel any or all future deliver res without liability to Buyei. The obligation of PCS to deliver
PrO(ILICIS Shall terminate without notice upon filing of any bankruptcy proceeding by of against Buyer of appointment of any
trustee rot Buyei or any of ILS assets Under no encunlstances may Buyei set off against amounts due PCS pursuant to this
Agreement any chum Buyer may Have against PCS for any reason
3. Shipment Delivery of all Products shall be F.O.B. place of shipment by or foi PCS, unless otherwise agreed in wilting. ITS
reserves the right to select the means of shipment, point orshipment food routing. Delivery will be deemed complete upon tiansfer
of possession of Products to common carrier as described above, whereupon all nsk of loss, damage or destruction to the Products
sflall pass to I3uyer
4. Acceptance of Products: Returns. All Products shall be deemed accepted by I3uyer unless Buyd:r notifies PCIS in wilting within
Seven (7) calendar days of receipt of• iii oducts of any short shipment, wrong -product Shipment, dlanutged Pr oductS of Simla,
discrepancies. Once accepted by I3uyer. Products rnav be returned only willl authotlratioil front PCS, til the sole dnscnetroil of
PCS; all(] til no case will icturris be considered moie than thirty (30) days after delivery to Buyer 11 accepted fol return Plod« r is
will be subject Ina 2{)yo restocking fee.
5 Warranties. PCS makes no representation with regaidl to Products of any kind of nature, express of nnphied, including any
warranty of nleichantabihty of fil ness rot a particular purposes, on usage of trade. Products are covered by nnanufacturer's
wallanty only Copies of nlanufacuuer's warranty will be provided to Buyer upon wnnten request. PCS assigns to Buyer all
warranties on the Products accepted by Barye,, and PCS Shall have no obligation relating to piocessrng ciauns Ifneie under, though
PCS may assist Buyer therewith at the Sole option of ITS.
G Limitation on Liability In no event shall PCS be liable for any claims for loss of use, revenue, profit or customer, or any
direct, induect, special, incidental of consequential damages orally kind of nature arising out of, of connected with the Products,
the use thereon', of the sale thereol' by PCS to Buyer. Fuithet, Buyer agrees to indemnify and defend PCS Froin any such elatms•
7. Force Mareure. PCS shall not be liable for any delay or failure to perforin any obligation of PCS under Ihis Agieement that ib
caused by events of force nlajeuie, including without limitation strikes, 1 iots, casualties, acts of God, wai, governmental acuoa or
Other cause beyond the reasonable control of PCS.
8 Miscellaneous. This Agreement constitutes the enure agreement between PCS and Buyer regarding the ProductS, and may not
be modified except by wi mien agreenienl signed by the party to be charged with file modification, 13uyer'S rights lender this
Agreement may not be assigned without the written consent of PCS, Irany provision ofthis Agreenlent shall become invalid or
illegal under any provision of applicable law, the rernaillder of this Agreenlent shall not be affected, This Agoreenlerll Shall he
binding upon both PCS and Buyer, and thein lespective successor's and assigns, 'Phis Ag
Page 2 reement shall be mtcipleted m accordance
with the internal laws of file State of Colorado
www.pcsniabile.com
E-81
EXHIBIT C
EQUIPMENT RIE:CEIPT
The Agency identified below, hereby acknowledges receipt of the Equipment, identified in the attached
Exhibit A, purchased pursuant to the Agency"s MOU with Clallam County Fire Protection District No.3.
IN CONSIDERATION OF RECEIVING THE EQUIPMENT AGENCY AGREES TO INDEMNIFY
AND HOLD CLALLAM COUNTY EIRE PROTECTION DIS'T'RICT NO. 3 HARMLESS FROM
ANI) AGAINST THE FULL AMOUNT OF ANY AND ALL COSTS AND EXPENSES
(INCLUDING WITHOUT LIMITATION, ATTORNEYS' FEES AND COURT COSTS INCIDENT
TO ANY SUIT, ACTION, INVEST)GA"PION OR OTHER PROCEEDING), DAMAGES AND
LOSSES, SETTLEMENTS, REDUCTIONS OR OTHER ADVERSE EFFECTS ARISING OUT OF
OR RESULTING FROM ANY FUTURE CLAIMS RELATING TO THE EQUIPMENT AND THE
USE THE EQUIPMENT EXCEPT FOR THE SOLE NEGLIGENCE OF CLALLAM COUNTY FIRE
DISTRICT 3.
Dated: _ _ _ 0
[Insert Agcncy Narne]
Ey: -- ----�- --- -
•
•,. WASHINGTON, U. SA
gr 6
is
CITY COUNCIL MEMO
DATE: August 21, 2012
TO: CITY COUNCIL
FROM: Glenn A. Cutler, P. E., Director of Public Works and Utilities
Subject: Agreement with National Park Service to enter COPA Screen House and
Water Meter Shed
Summary: The National Park Service (NPS) requires the ability and right to enter the City's
screen house and water meter shed for the purpose of operating and maintaining the chemical
feed system equipment serving Nippon Paper Industries USA.
Recommendation: Approve and authorize the City Manager to sign an agreement with the
National Parks Service (NPS) authorizing the NPS to enter the Screen House and Water -
Meter Shed for the purposes of operating and maintaining the water quality mitigation
facilities serving Nippon Paper Industries USA, and to make minor modifications, if
necessary.
Background/Analysis: The Elwha River Ecosystem and Fisheries Restoration Act (EREFRA)
(Public Law 102-495) of 1992 provides for removal of the Glines Canyon and Elwha dams in an
effort to restore the ecosystem. As a requirement of the Act, the Federal government is required
to protect the existing quality and availability of water from the Elwha River for municipal and
industrial uses from possible adverse impacts of dam removal.
Elevated turbidity created by dam removal has created a need for additional treatment of the
industrial water supply. The NPS is responsible for costs of operating and maintaining the water
quality mitigation facilities. In the Screen House, "operating and maintaining" includes:
inspecting, cleaning and maintaining the pH probe; operating, inspecting, and maintaining
chemical fill lines; and operating, inspecting, and maintaining the emergency eyewash
equipment. In the Water -Meter Shed, "operating and maintaining" includes, but is not limited
to: operating, inspecting, and maintaining the pH and chlorine analyzing equipment and water
meter.
This is a no cost agreement for the City of Port Angeles.
It is recommended that Council approve and authorize the City Manager to sign an agreement
with the National Parks Service authorizing the NPS to enter the Screen House and Water -Meter
Shed for the purposes of operating and maintaining the water quality mitigation facilities serving
Nippon Paper Industries USA.
Attachment: Agreement
N:\CCOUNCIL\FINAL\Agreement with NPS to enter COPA Screen House and Water Meter Shed.docx E - 83
NATIONAL PARK SERVICE
AUTHORIZATION
TO ENTER SCREEN HOUSE
AND WATER -METER SHED
City of Port Angeles Screen House and Owner:
Water -Meter Shed City of Port Angeles
P.O. Box 1150
Port Angeles, WA 98362
The City of Port Angeles ("City"), hereby authorizes the National Park Service
("NPS"), its employees, contractors, and subcontractors to access the screen
house (hereafter "Screen House") and water -meter shed (hereafter `Water -Meter
Shed"), owned by the City and located on land owned in fee by the United States,
and administered by the NPS, pursuant to an easement granted to the City of
Port Angeles and recorded under Clallam County Auditor's File Number (AFN)
616556 on May 9, 1989, as amended by instrument recorded under AFN 692192
on August 24, 1993. The real property on which the easement, Screen House,
and Water -Meter Shed, are located is Tax Parcel Number 073003-410275, more
particularly described as follows:
That portion of the East half of the Northeast quarter of the Southeast
quarter of Section 3, Township 30 North, Range 7 West, W.M., lying westerly
of the former Chicago, Milwaukee, St. Paul and Pacific Railroad right-of-way;
EXCEPTING THEREFROM that portion conveyed to the State of Washington,
Department of Fisheries, by deed recorded March 18, 1991, under AFN
648161, and delineated as Parcel 2 of Survey recorded April 10, 1991, in
Volume 20 of Surveys, page 60, under AFN 649147.
Situate in Clallam County, State of Washington.
The approximate locations of the Screen House and Water -Meter Shed are
shown on attached Exhibit A, hereby incorporated by reference.
The City and NPS agree to the following terms and conditions:
1. NPS may enter the Screen House and Water -Meter Shed for the purposes
of operating and maintaining the chemical feed system equipment serving
Nippon Paper Industries USA. In the Screen House, "operating and maintaining"
includes, but is not limited to: inspecting, cleaning and maintaining the pH
probe; operating, inspecting, and maintaining chemical fill lines; and operating,
inspecting, and maintaining the emergency eyewash equipment. In the Water -
Meter Shed, "operating and maintaining" includes, but is not limited to:
operating, inspecting, and maintaining the pH and chlorine analyzing equipment
and water meter.
2. The term of this agreement is four (4) years, beginning on the date of
execution of this agreement, unless terminated earlier by either party as
described in Paragraph 7 of this agreement.
3. The NPS agrees to cooperate, to the extent allowed by law, in the
submission of claims pursuant to the Federal Tort Claims Act against the United 84
States for personal injuries or property damage resulting from the negligent o
wrongful act or omission of any employee of the United States while acting within
this scope of his or her employment, arising out of this agreement.
• 4. Insurance Requirements:
a. Evidence of Insurance: Prior to entering the Screen House and Water -
Meter Shed, evidence of insurance coverage for the NPS's contractor must be
furnished in the form of a Certificate(s) of Insurance and endorsements for
each policy of insurance meeting the requirements set forth herein. The
certificate and endorsements must conform to the following requirements:
i. An ACORD certificate or a form determined by the City to be
equivalent.
ii. Copies of all endorsements naming the City as Additional Insured,
showing the policy number. NPS's contractor and subcontractor's may
submit a copy of any blanket additional insured clause from its policies
instead of a separate endorsement. A statement of additional insured
status on an ACORD Certificate of Insurance shall not satisfy this
requirement.
iii. Any other amendatory endorsements to show the coverage required
herein.
b. Additional Requirements:
i. The insurance described in this section shall be obtained from
insurers approved by the State Insurance Commissioner pursuant to RCW
• Title 48. The insurance must be provided by an insurer, which is with a
rating of A-: VII or higher in the A.M. Best's Key Rating Guide, which is
licensed to do business in the State of Washington.
ii. Insurance policies must provide liability coverage on an occurrence
basis unless otherwise specified in this license.
iii. All insurance provided in compliance with this agreement shall be
primary as to any other insurance or self-insurance programs afforded to
or maintained by the City.
iv. All insurance policies and coverage's required herein shall contain a
waiver of subrogation against the City.
c. Cancellation: The contractor shall provide written notice to the City by
U.S Mail, notice of any policy cancellation within two (2) business days of
receipt of cancellation. Failure on the part of the contractor to maintain the
insurance as required, or to not provide certification and copies of the
insurance prior to the time specified above, shall constitute a material breach
of this agreement upon which the City may, after giving five (5) business days'
notice to the contractor to correct the breach, immediately terminate this
agreement.
d. Minimum Coverage Requirements: The requirements stated below set
forth the minimum limits of insurance. These limits may not be sufficient to
cover all liability losses and related claim settlement expenses and does not
• relieve the contractor from liability for losses and settlement expenses greater
than these amounts, to the extent allowed by law.
E-85
i. Commercial General Liability (CGL) Insurance. Covering liability
arising from operations, including personal injury and property
damage. Such insurance must be provided on an occurrence basis. •
Insurance must include liability coverage with limits not less than
those specified below:
Description
General Aggregate $2,000,000 Limit
Each Occurrence $1,000,000 Limit
ii. Business Auto Policy (BAP) Insurance. Auto liability and, if
necessary, commercial umbrella liability insurance with a limit not
less than $1,000,000 per accident. Such Insurance shall cover
liability arising out of "Any Auto."
5. If any action of the NPS's employees in the exercise of this agreement
results in damage to the Screen House or Well -Meter Shed, subject to availability
of appropriations and Elwha project funding, the NPS will, in its sole discretion,
either repair such damage or make an appropriate settlement with the City. In
no event shall such repair or settlement exceed the fair market value of the
Screen House or Well -Meter Shed at the time immediately preceding such
damage.
6. NPS's obligations under this agreement are subject to the availability of
appropriations for such payment or repair, and nothing contained in this
agreement shall be considered as binding the NPS to expend in any one fiscal
year any sum in excess of appropriations made by Congress for the purposes of •
this right -of -entry for that fiscal year or as implying that Congress will at a later
date appropriate funds sufficient to meet any deficiencies. 31 U.S.C. § 1341.
7. This agreement may be terminated in writing by either party upon thirty
(30) days prior written notice delivered to the other party, as follows:.
If to NPS:
Mr. Tracy Gilchrist, P.E.
Project Manager
National Park Service - Denver Service Center
PO Box 25287
Denver, CO 80225
Tracy-Gilchrist@nps.gov
If to the City:
Mr. Glenn A. Cutler, P.E.
Director of Public Works and Utilities
City of Port Angeles
321 East Fifth Street
P.O. Box 1150
Port Angeles, WA 98362-0217
E-mail: gcutler@cityofpa.us •
E-86
Dated this _ day of , 2012.'
CITY OF PORT ANGELES
By:
Name:
Title:
United States of America, acting through the National Park Service,
U.S. Department of the Interior
By:
Name:
Title: Superintendent, Olympic National Park
United States of America, acting through the National Park Service,
U.S. Department of the Interior
• By:
Name:
Title: Contracting Officer, Denver Service Center
E-87
C7
•
0
NGELES
DATE: August 21, 2012
To: CITY COUNCIL
FROM: BYRON OLSO:V, CHIEF FINANCIAL OFFICER
SUBJECT: ACTIVE DIRECTORY DOMAIN SERVICES PLANNING, DESIGN, AND DEPLOYMENT
Summary: The City's current Novell computer operating system is at end of life, creating a liability for
possible loss of data. This agreement completes Capital Facility Project IT03-2009 by transferring data from
the Novell network to a Microsoft Active Directory. This transition is necessary to allow the City to move
forward on additional projects. In short, if we don't make the transition to Microsoft Active Directory a number
of future projects will be placed on hold and we expose the City to potential data loss as the old Novell systems
begin to fail.
iendation: Authorize the Mayor to sign the Agreement with Rick Dunn for the Active Directory
Services Planning, Design, and Deployment in an amount not to exceed $35,000.
Background 1 Analvsis: The current Novell operating system is the last supported standalone version allowing
for direct association to other application platforms. The hardware hosting our end -of -life Novell systems is
obsolete and not scalable to meet our increased needs for data handling and storage. Additionally, there is a liability
risk due to possible loss of data.
Because of increased separation between the Novell and Microsoft platforms, issues with connectivity, interfaces,
upgrades, and vendor support have started to become problematic for existing and planned future applications.
Organizations in general have migrated to Microsoft as a standardized platform and doing so for all Novell servers
will solve many issues with connectivity, application/user interfaces and general support.
The current network platform is preventing us from moving forward on providing additional connection and
application solutions to departments requesting remote connectivity for field operations, public safety operations,
and wireless network components.
Staff compared two proposals received from vendors whose services have been used on past projects and
recommends going forward with the lower-priced submittal from Rick Dunn based not only on cost savings, but
familiarity with the vendor in question and the quality of work supplied on previous projects.
Staff recommends Council approve this project to move forward, as further delay will continue to impact our
ability to complete additional projects dependent upon an Active Directory network structure. In the 2012
•budget, $40,000 is designated for this project as part of CFP IT03-2009.
Attachments: SOW — Active Directory Domain Services Planning Design & Development
E-89
Statement of Work
City of Port Angeles
Active Directory Domain Services Planning
Design &Deployment
Rick Dunn
Version 2.0
August e, 2012
E-90
u
•
•
TABLE OF CONTENTS
PROJECT DESCRIPTION.................................................................................................................. 3
PROJECTSCOPE............................................................................................................................
3
PRE -PLANNING — DOCUMENTATION REQUEST.............................................................
3
PROJECT KICK-OFF MEETING................................................................................................4
PLANNING SESSION.......................................................................................................................4
DESIGN............................................................................................................................................
4
AD DS ARCHITECTURE AND ADMINISTRATIVE MODEL WORKSHOPS...............5
AD DS MIGRATION PLANNING WORKSHOP....................................................................5
DEPLOY................................................................................................................................................
6
MIGRATION TESTING................................................................................................................
6
PRODUCTION MIGRATIONS....................................................................................................6
DECOMMISSIONING...................................................................................................................
6
PROJECTMANAGEMENT.........................................................................................................
7
PROJECT ASSUMPTIONS...................................................... Error! Bookmark not defined.
CUSTOMER RESPONSIBILITIES................................................................................................
8
OUTOF SCOPE...............................................................................................................................
8
ITEM(S) PROVIDED TO CUSTOMER............................................................................................9
PROJECT SCHEDULING..................................................................................................................
9
PROFESSIONAL SERVICES FEES..................................................................................................9
CONSULTANTFEES...................................................................................................•..............10
EXPENSES....................................................................................................................................11
CUSTOMER -DESIGNATED LOCATIONS...................................................................................11
PROJECT -SPECIFIC TERMS..........................................................................................................
11
AGREEMENT TERMS AND CONDITIONS.................................................................................12
CONTACT PERSON(S).............................................................. Error! Bookmark not defined.
PAYMENTTERMS.......................................................................................................................
12
EXPIRATION AND TERMINATION.........................................................................................12
CHANGEORDERS.......................................................................................................................
12
MISCELLANEOUS AND SIGNATURES..................................................................................15
CUSTOMER -DESIGNATED LOCATIONS...............................................................................
16
0
E-91
Page 2
This Agreement is made and entered into this (DATE) August 21St, 2012 by and between the undersigned, -
Rick Dunn, a sole proprietor doing business at 300 N. 8`h Street, Aumsville, Oregon 97325 ("Seller"), and •
City of Port Angeles ("Customer").
PROJECT DESCRIPTION
PROJECT SCOPE
PLANNING & APPROACH
In order to ensure a successful project, Seller will follow proven methodology that focuses on
envisioning, planning, design, and deploy phases.
During these phases, Seller will work with Customer in order to ensure through communication with
Customer team in order to complete the project. Customer will provide a `point' person who has
knowledge of Customer systems and setup in order to provide input to the planning and design efforts.
The workshops described in this document will facilitate direct communication between Seller and the
Customer staff, preparing Customer to more effectively participate in the implementation of Microsoft AD
DS. Techniques include a combination of formal presentation and less structured discussions that allow
Customer staff to learn about the technologies specific to the Customer deployment requirements. The design
workshops will discuss the technology overview, best practices and design elements specific to the
Customer environment.
PRE -PLANNING - DOCUMENTATION REQUEST
Seller needs to review the Customer documentation of its current environment prior to the workshop
activity.
Upon the receipt of a signed Agreement, Seller will work with Customer to obtain this documentation that
will prepare Seller for the Design Workshops. This documentation will be reviewed prior to the
commencement of the Kick -Off Meeting.
The Current State Document Request List includes: Domain Environment, Directory Services
environment. Messaging environment, Network Environment, User Population, Service Levels and
Administration.
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Page 3
C,
•
PROJECT KICK-OFF MEETING
Seller will begin with a Project Kick-off Meeting with the core Customer project team. This meeting
will help define the business objectives, drivers, and overall design objectives and finalize the project's
scope.
This meeting should occur at least one week prior to the onsite design and planning activities in order to
give the teams the opportunity to prepare.
Topics for this meeting include:
• Review of company and project vision
• Outline of primary goals, objectives, and project requirements
• Review of Company Physical Profile and Organization structure including special requirements
for a location of business unit
• Review Current State Documents
• Establish of Project Management protocol
• Establish of roles and project schedule
PLANNING SESSION
The first day of onsite design and planning will include a session to clarify and review the gathered
current state information. The requirements for the new environment will also be outlined during this
session. This session will include:
• Review and clarification of questions on the Current State environment.
• Determine, review, and prioritize requirements for users, directories, security, coexistence,
migration process, and monitoring and maintenance activities.
DESIGN
The design workshops described in this document will facilitate direct communication between Seller
and the Customer staff, preparing Customer to more effectively participate in the implementation of AD
DS. Techniques include a combination of formal presentation and less structured discussions that allow
Customer staff to learn about the technologies specific to the Customer deployment requirements. The design
workshops will discuss the technology overview, best practices and design elements specific to the
Customer environment.
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Page 4
AD DS ARCHITECTURE AND ADMINISTRATIVE MODEL WORKSHOPS 41
The Active Directory Domain Services (AD DS) Design Workshop will cover the following topics with
respect to the new target AD DS environment:
Architecture Design
Current State and Requirements Review
Forest and Domain Architecture
Name Resolution and Network Services
Sites and Services Architecture
Operations Master Roles and Domain Controllers
Backup and Restore
Administrative Design
Account Model
Group Model
Delegation of Administration
Group Policy Model Design
ADDS MIGRATION PLANNING WORKSHOP
The AD DS Coexistence and Migration Planning Workshop is a critical component in designing a
comprehensive migration plan that minimizes user disruption and process changes during the production
migration phase.. 0
The AD DS Coexistence and Migration Planning Workshop will cover the following topics:
• Migration Approaches
• Network Services Integration
• Domain Upgrade Strategy
• Doinain Migration Strategy
• Data Migration Strategy
• Applications and Services Migration Strategy
• Tools Selection
• Deployment Planning
Pre -Requisites
Communication Plan
Environment Build
Coexistence
Testing
User Migration Process
Workstation Migrations Process
Project Milestones and Timeline
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Page 5
U
Seller recommends the use of Quest NDS Migration Software (purchased separately by Customer) to
• facilitate the migration process, improve the efficiency of the process, and reduce and improve the process
of remediation of errors in the migration process.
•
ENVIRONMENT BUILD
During this phase, the target environment is built based on the decisions in AD DS Design Workshop. In
addition, any supporting infrastructure required for the migration, as determined in the AD DS Coexistence
and Migration Planning Workshop is built and configured. Finally, any configuration changes required for
the source and target environments to coexist are implemented.
MIGRATION TESTING
Migration testing is a critical component in validating that the migration plan minimizes user disruption
and process changes during the production migration phase. Testing is vital to confirm that individual
aspects of the migration process are completed correctly and function as expected during the migration
itself and once in the target environment. During the AD DS Coexistence and Migration workshop,
specific functionality and use cases are typically identified that require specific testing. Together with the
Customer, Seller with will build test cases and scripts for each identified item, and then validate them
during this phase.
The results of this phase will determine if changes are needed to either the source or target environments,
or if the migration process itself needs to be altered. The AD DS Coexistence and Migration Plan will be
updated as necessary.
PRODUCTION MIGRATIONS
This phase begins with a pilot migration. The pilot migration is limited in scope to minimize potential
impact, but larger than any test migrations in order to validate the migration process on a larger scale,
similar to what is planned for production migrations.
The results of this pilot migration will determine if changes are needed to either the source or target
environments, or if the migration process itself needs to be altered. The AD DS Coexistence and
Migration Plan will be updated as necessary.
DECOMMISSIONING
During this phase of the project, coexistence configuration items and migration tools are removed and
cleaned up from the environment. Full decommissioning of the source environment(s) can only occur if
all dependencies are removed. The feasibility of decommissioning will be determined during the AD
DS Coexistence and Migration Planning Workshop.
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Page 6
PROJECT MANAGEMENT
Seller will assign a project manager to coordinate: is
• Kickoff Meeting. Review Agreement including project objectives and schedule; logistics;
identify and confirm project participants: and discuss project prerequisites.
• Project Schedule or Plan. A project schedule that details the schedule and resources
assigned to the project.
• Weekly Status Meetings and Reports. Status meetings will be conducted on a weekly basis.
During these meetings, the Seller and Customer will discuss action items, tasks, completed
tasks outstanding, issues and conduct a budget review.
• Change Management. When a change to a project occurs, the Seller's project change
control process will be utilized.
• Project Closure Meeting. The project team will meet to recap the project activities, provide
required documentation, discuss any next steps, and formally close the project. Customer
may withhold Seller's final payment until the Project is closed to the satisfaction of the
Customer.
PROJECT OBJECTIVES AND REQUIREMENTS
1. Unless otherwise specified, this project is limited to the investigation or enumeration of a single
AD DS Forest comprised of three or fewer domains. All domain controllers will reside in the
United States.
2. Some services may be performed at a location other than the Customer location (or another
location designated by the Customer). When services are performed at the Customer location (or
another location designated by the Customer), the Customer will provide adequate, co -located
workspace for the engagement personnel (both Seller personnel and Customer personnel) with
appropriate system access. Seller recommends keeping these personnel separate from support
teams and those performing daily operations. When services are performed at the Customer
location (or another location designated by the Customer), the site will be secure. Seller is not
responsible for lost or stolen equipment.
I. Customer will provide network connectivity, Internet access, and telephone service.
4. All Change Orders will be provided in a timely fashion either by U.S. Mail, e-mail, personal
delivery, or facsimile transmission to Seller's contact person.
5. If specified in the "Description`Scope of Services" section above, initial support services related
to the services that are the subject of this Agreement will be available as specified in that section.
Seller will invoice the Customer for the time Seller performs this support, calculated using the
rates specified in the "Professional Services Fees" section below (in the increments specified
therein).
6. Customer will provide subject matter experts in any applications that may be necessary to connect
to AD DS. These experts will provide the project team with authentication and migration plans.
Seller will NOT design any application migration procedures.
Seller will complete the entire project in a timely and professional manner as specified in this Agreement
and to the satisfaction of the Customer.
�11
E - 96
Page 7
CUSTOXIER RESPONSIBILITIES
OUT OF SCOPE
Specific tasks outside this Agreement include, but are not limited to:
1.
Communicate all material project matters to Seller's contact person.
401.
2.
Provide at least one qualified technical person with system administration responsibilities
for the duration of the project.
3.
Provide qualified personnel at Customer location (or any other location designated by
Customer where services are to be provided) to support existing equipment for the duration
3.
of the project.
4.
Provide other full-time, qualified, knowledgeable personnel who will perform obligations
under this Agreement; make timely decisions necessary to move performance of the
4.
services forward; participate in this project to the extent reasonably requested by Seller;
and reasonably assist Seller with its performance of the services.
5.
Provide Seller's personnel with appropriate levels of access and privilege to systems and
information necessary for Seller's performance of the services.
6.
If virtualization is to be used, configuration of virtual machines.
7.
Configuration of central storage (e.g. SAN) and provisioning of LUNs
OUT OF SCOPE
Specific tasks outside this Agreement include, but are not limited to:
1.
Installing and configuring antivirus on the Microsoft Servers. Customer is responsible for the
antivirus solution and will ensure that the servers are protected after the operating system is
installed.
2.
Staging of the physical servers to be used in this engagement. This includes racking as well as
implementing the base operating system and network configuration.
3.
Acquisition of the required hardware and software for this project, including servers and software.
•
Seller can assist with sourcing these materials upon request; however, Customer is ultimately=
responsible for the hardware and software for this project.
4.
Any formal training. Seller will not be conducting formal training; however, communication is
integral to the Seller approach throughout the execution of its methodology.
5.
End user and administrator process documentation. End user documentation and administrator
process documentation will change the project scope; and so a change request will be required if
documentation is required.
6.
Backup- disaster recovery. Seller will not develop a backup -"disaster recovery plan for the Hyper -V
or Virtual Machine Manager implementation as a part of this engagement.
7.
Configuration of centralized storage. SAN and/or other centralized storage configuration is the
responsibility of Customer.
•
Services not specified in this Agreement are considered out of scope and will be addressed with a
separate Agreement or Change Order.
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Page 8
ITEMS) PROVIDED TO CUSTOMER •
The following will be provided to Customer by the completion of this project.
Table 1—Items(s) Provided to Customer
Item Descnptton _,ffi i_
Format 3411 irfil
AD DS Design Design documentation that defines the AD DS PDF
Architectural design and administrative model
Item 3, 3:Des�cnp cm. _, _ Format
AD DS Migration Planning Final design document that includes: PDF
Design Migration planning design
-Migration strategy and approach
-Dependencies and coexistence design
PROJECT SCHEDULING
Customer and Seller will jointly manage this project and will develop a schedule ("September 5`h —
October 3e, 2012"). Any dates, deadlines, timelines or schedules contained in the Anticipated Schedule,
in this Agreement or otherwise, are estimates only, and the Parties will not rely on them for purposes other
than initial planning.
PROFESSIONAL SERVICES FEES
The total fees due and payable under this Agreement ("Total Fees") include both fees for Seller
personnel's time ("Consultant Fees") and any other related costs and fees specified in the Expenses section
("Seller Expenses"). Unless otherwise specified herein, taxes will be invoiced but are not included in
any numbers or calculations provided in this Agreement.
Customer will be invoiced every two weeks throughout the project duration for consulting hours
and expenses incurred the previous two weeks. A final invoice will be delivered after the project
close meeting for the remaining consulting fees and expenses still outstanding.
Fees will be calculated on a TlXffi AND MATT ALs basis.
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CONSULTANT FEES
The invoice amount of Consultant Fees will equal the hours actually worked ("Consultant Hours") times
the rate applicable for the Seller ("Hourly Rate") (see Table 2 below).
The Total Estimated Consultant Fees of $25,000 is merely an estimate and does not represent a fired fee.
Neither the Estimated Consultant Hours of 250 nor the Estimated Consultant Fees are intended to limit
the bounds of what may be requested or required for performance of the Services. But the maximum
compensation due to the Seller, absent a written amendment to this Agreement, is $25,000.
Table 2 — Project Fees
Gcm pant Function ;; Unsite Hourly*#e
ae�
Senior Engineer Planning. Design; and $100
Deployment, Project Management
C°oiisultant a M > = Function - Remote Houly Rate,
Senior Engineer Deployment_ Project Management $100
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When Services are performed at any Customer -Designated Location(s) (as defined below), time will be
measured in one (1) hour increments. 4)
When Services are performed remotely, time will be calculated in one (1) hour increments with a
minimum of one (1) hour each day.
Upon 30 days written notice to Customer.. Seller may adjust the rates above, provided that the rates will
remain fixed for at least six (6) months after the Agreement Effective Date and then again for at least six (6)
months after any subsequent adjustment.
The rates above only apply to Services specified in this Agreement as it may be amended by one or
more Change Order(s).
EXPENSES
Seller will invoice Customer at fixed rate of $200 per day when onsite at Customer's location. This rate
includes lodging, mileage, meals, tolls, parking, and any related miscellaneous expenses.
Upon execution of this Agreement, travel will be scheduled to occur no less than two (2) weeks alter the
date of Customer's request for travel. Should Customer request that travel be expedited, Customer will
be billed for any additional travel and expense costs that apply.
CUSTOMER -DESIGNATED LOCATIONS
Seller will provide services benefiting the locations speed on the attached Exhibit ("Customer -
Designated ]Locations").
PROJECT -SPECIFIC TERMS
1. Customer is responsible for providing all physical and communications access, privileges,
environmental conditions, properly functioning hardware and software, qualified personnel,
project details, material information, decisions/directions, and personnel and stakeholder
interviews that are reasonably necessary to assist and accommodate Seller's performance of the
services ("Customer Components").
2. Seller is not responsible for delays in performance directly caused by the unavailability of the
Customer components and will have the right to invoice Customer, with prior written notice, for
time Seller personnel is thereby idled or to reassign Seller personnel to work unrelated to this
Agreement and the services hereunder.
3. Customer will provide in advance and in writing, and Seller will follow, all applicable Custorner
safety and security rules and procedures.
4. Customer will secure and maintain the confidentiality of all Seller personnel information.
5. When services are performed at a Customer -Designated Location, the site will be secure; Seller
is not responsible for lost or stolen equipment.
6. This Agreement can be terminated by either party without cause upon at least fourteen (14)
days' advance written notice.
Epa,V y 1
• AGREEMENT TERMS AND CONDITIONS
PAYMENT TERMS
Except as otherwise agreed by the parties, Customer will pay invoices containing amounts authorized by
this Agreement within thirty (30) days of receipt. Any objections to an invoice must be made to the
Seller Contact Person within fifteen (15) days after the invoice date.
EXPIRATION AND TERMINATION
This Agreement expires and will be of no force or effect unless it is signed by Customer, transferred in
its entirety to Seller so that it is received within thirty (30) days from the date written on its cover page,
and then signed by Seller, except as otherwise agreed by Seller.
CHANGE ORDERS
This Agreement may be modified or amended only in writing and signed by both Customer and Seller
ff hange Order"). Each Change Order will be of no force or effect until signed by Customer, transferred
in its entirety to Seller so that it is received within thirty (30) days from the date on its cover page and
• then signed by Seller, except as otherwise agreed by Seller.
In the event of a conflict between the terms and conditions set forth in a fully -executed Change Order and
those set forth in this Agreement or a prior fully -executed Change Order, the terms and conditions of the
most recent fully -executed Change Order shall prevail.
INDEPENDENT CONTRACTOR
The relation created by this Agreement is that of owner -independent contractor. The Seller is not an
employee of the City and is not entitled to the benefits provided by the City to its employees. The Seller,
as an independent contractor, has the authority to control and direct the performance of within the Scope
of Work. The Seller shall assume full responsibility for payment of all Federal, State, and local taxes or
contributions imposed or required, including, but not limited to, unemployment insurance, Social Security,
and income tax.
EMPLOYMENT
Employees of the Seller, while engaged in the performance of any work or services under this Agreement,
shall be considered employees of the Seller only and not of the City, and claims that may arise under the
Workman's Compensation Act on behalf of said employees while so engaged, and any and all claims made
by a third party as a consequence of any negligent act or omission on the part of the Seller's employees
while so engaged, on any of the work or services provided to be rendered herein, shall be the sole
obligation and responsibility of the Seller.
In performing this Agreement, the Seller shall not employ or contract with any City employee without the
• City's written consent.
EPag 112
NONDISCRIMINATION is
The Seller shall conduct its business in a manner, which assures fair, equal and non-discriminatory
treatment of all persons, without respect to race, creed or national origin, or other legally protected
classification and, in particular:
A. The Seller shall maintain open hiring and employment practices and will welcome applications for
employment in all positions, from qualified individuals who are members of minorities protected by
federal equal opportunity/affirmative action requirements; and,
B. The Seller shall comply with all requirements of applicable federal, state or local laws or regulations
issued pursuant thereto, relating to the establishment of non discriminatory requirements in hiring and
employment practices and assuring the service of all persons without discrimination as to any person's
race, color, religion, sex, Vietnam era veteran status; disabled veteran condition, physical or mental
handicap, or national origin.
INDEMNIFICATION/HOLD HARMLESS
Seller shall defend, indemnify and hold the City, its officers, officials; employees and volunteers harmless
from any and all claims, injuries, damages, losses or suits including attorney fees; arising out of or resulting
from the acts, errors or omissions of the Seller in performance of this Agreement, except for injuries and
damages caused by the sole negligence of the City.
Should a court of competent jurisdiction determine that this Agreement is subject to RCW 4.24.115, then,
in the event of liability for damages arising out of bodily injury to persons or damages to property caused
by or resulting from the concurrent negligence of the Seller and the City, its officers, officials, employees,
and volunteers, the Seller's liability hereunder shall be only to the extent of the Seller's negligence. It is
further specifically and expressly understood that the indemnification provided herein constitutes the
Seller's waiver of immunity under Industrial Insurance, Title 51 RCW, solely for the purposes of this
indemnification. This waiver has been mutually negotiated by the parties. The provisions of this section
shall survive the expiration or termination of this Agreement.
INSURANCE
The Seller shall procure and maintain for the duration of the Agreement, auto insurance against claims for
injuries to persons or damage to property which may arise from or in connection with the performance of
the work hereunder by the Seller, its agents, representatives, employees or subcontractors.
No Limitation. Seller's maintenance of insurance as required by the agreement shall not be construed to
limit the liability of the Seller to the coverage provided by such insurance, or otherwise limit the City's
recourse to any remedy available at law or in equity.
Automobile Liability insurance will cover all owned, non -owned, hired and leased vehicles. Coverage
shall be written on Insurance Services Office (ISO) form CA 00 01 or a substitute form providing
equivalent liability coverage. If necessary, the policy shall be endorsed to provide contractual liability
coverage with a minimum combined single limit for bodily injury and property damage of 51,000,000 per
accident.
The Seller's insurance coverage shall be primary insurance as respect the City. Any insurance, self-
insurance, or insurance pool coverage maintained by the City shall be excess of the Seller's insurance and
shall not contribute with it.
Ep abW F3
• The Seller shall provide City and all Additional Insured with written notice of any policy cancellation
within two (2) business days of their receipt of such notice.
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Any payment of deductible or self-insured retention shall be the sole responsibility of the Seller.
The Seller's insurance shall contain a clause stating that coverage shall apply separately to each insured
against whom claim is made or suit is brought, except with respects to the limits of the insurer's liability.
Insurance is to be placed with insurers with a current A.M. Best rating of not less than A:VH.
Seller shall furnish the CITY with original certificates and a copy of the amendatory endorsements,
including but not necessarily limited to the additional insured endorsement, evidencing the insurance
requirements of the Seller before commencement of the work.
APPLICABLE LAW
This Agreement shall be construed and interpreted in accordance with the laws of the State of Washington,
and in the event of dispute the venue of any litigation brought hereunder shall be Clallam County.
EpagjO j'14
MISCELLANEOUS AND SIGNATURES
This Agreement and any Change Order may be signed in separate counterparts, each of which
shall be deemed an original and all of which together will be deemed to be one original.
Electronic signatures on this Agreement or on any change Order (or copies of signatures sent
via electronic means) are the equivalent of handwritten signatures.
In acknowledgement that the parties below have read and understood this Agreement and agree
to be bound by it, each party has caused this Agreement to be signed and transferred by its
respective authorized representative.
Seller
By: _
Signature
Name: Rick Dunn
Title: Senior Engineer
Phone: (503) 821-7399
E-mail: ridunnl@gmail.com
Date: August 8"',2012
lbfailing Address:
Street: 300 N. 8`e Street
City/ST/ZIP: Aumsville, OR 97325
City of Port Angeles
By:
Signature
Name:
Title:
Phone:
E-mail:
Date:
1llading Address:
Street:
City/ST/ZIP:
Billing Contact:
Street:
City/ST/ZIP:
EPa :10 5
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EXHIBIT A.
CUSTOMER -DESIGNATED LOCATIONS
Seller will provide Services benefiting the following locations ("Customer -Designated Locations").
Table 3 — Customer -Designated Locations
�ocafion Name^' Physical Address _ Tt�pe(s) of Services)
w.
City Hall 321 E 5th Street Assessment
Port Angeles, WA 98362 Design
Implementation
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NGELES,
City Council
Date: August 21, 2012
To: City Council
From: Glenn A. Cutler, P.E., Director of Public Works and Utilities
Subject: Electric Utility 2012 Resource Plan — Close Public Hearing, Pass Resolution
Summary: The City's electric utility must comply with a Washington State mandate to develop a
Resource Plan. The City Council must approve the Resource Plan after it has provided public notice and
hearing.
Recommendation: Close the public hearing then pass the attached resolution approving the 2012
Electric Utility Resource Plan.
Background/Analysis: As previously presented to Council on August 7, 2012, the electric utility is
required by RCW 19.280.030 to develop a Resource Plan (Plan) that must be submitted to the
Washington State Department of Commerce by September 1, 2012.
On August 7, 2012, a presentation was given by staff and the public hearing opened and then continued
to August 21, 2012. Comments received at the public hearing are attached, and if staff receives any
additional comments before tonight's meeting, they will be shared with City Council prior to the
continuation of the public hearing.
On August 14, 2012, the Utility Advisory Committee provided a favorable recommendation to City
Council to approve the Plan. It is now recommended that the City Council, after continuing and closing
the public hearing, approve the Plan by passing the attached resolution.
Attachment: 2012 Electric Utility Resource Plan Resolution
Public Hearing Comments and Responses
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N \CCOUNCIL\FINAL\Electnc Utility 2012 Resource Plan, Close Public Hearing doe
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RESOLUTION NO.
A RESOLUTION of the City Council of the City of Port Angeles,
Washington, approving the 2012 Electric Utility Resource Plan.
WHEREAS, the City strives to ensure that its citizens have reliable access to
electricity resources adequate to meet their projected loads; and
WHEREAS, the City must submit an Electric Utility Resource Plan to the
Washington Department of Commerce by September 3, 2012 as required by RCW
19.280.030; and
WHEREAS, the 2012 Electric Utility Resource Plan is consistent with the City's
existing energy conservation programs operated in cooperation with the Bonneville Power
Administration, and the Electric Power Plan adopted by the Northwest Power and
Conservation Council; and
WHEREAS, on February 7, 2010 the City Council of the City of Port Angeles*
adopted Ordinance No. 3391 to create a Conservation and Renewable Energy Program fund
for acquiring cost-effective energy conservation measures, renewable energy systems, and
distributed generation resources; and
WHEREAS, RCW 19.280.030 requires the City to regularly update its Electric
Utility Resource Plan at minimum intervals of every two years; and
WHEREAS, the City Council of the City of Port Angeles Washington, being the
governing body of the consumer -owned electric utility did, after public notice, hold public
hearings on the 7th of August 2012 and the 21St of August 2012 to provide the public
the opportunity to comment on the 2012 Electric Utility Resource Plan.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Port Angeles Washington that the 2012 Electric Utility Resource Plan as prepared by the
Director of Public Works and Utilities and attached hereto as Exhibit A be approved; and
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Legal Draft 07.24.12
• BE IT FURTHER RESOLVED that the 2012 Electric Utility Resource Plan,
together with this Resolution, shall be electronically filed (through the Internet) with the
Department of Commerce of the State of Washington (no later than the 3rd of September
2012) and also be published and made available to the public through the City of Port
Angeles website.
PASSED by the City Council of the City of Port Angeles at a regular meeting of
said Council held on the 21St day of August 2012.
Cherie Kidd, Mayor
ATTEST:
0 By:
Janessa Hurd, City Clerk
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APPROVED AS TO FORM:
William E. Bloor, City Attorney
G \LEGAL\a ORDINANCES&RESOLUTIONS\RESOLUTIONS 2012\17 -Council 2012 Resource Plan Resolution docx
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A Public Hearing on the City of Port Angeles' proposed 2012 Resource Plan was •
held on August 7, 2012 with 7 public comments presented:
1) Will the cogeneration project being built at Nippon Paper Industries, USA Inc. (NPI) reduce electric
power use at that facility?
Staff response: As publically-announced, all power from the proposed cogeneration facility is expected
to be sold off-site, and only the recovered thermal energy (heat) will be used by NPI. This recovered
thermal energy will displace heat that is now produced by either an existing biomass or an oil -fueled
boiler, which is not projected to have any impact on electricity sales to NPI. NPI also operates a small
electric boiler that is sometimes used as a supplemental heating source. While the cogeneration plant
may be used to supplement some of the heat produced by this electric boiler, the overall electricity
sales impacts are projected to be quite minor.
2) Can the City of Port Angeles use electricity produced from the cogeneration project being built at
NPI?
Staff response: While technically the City could consider the purchase of some of the electricity
produced by the NPI cogeneration project, such purchases are precluded by the City Council 2011 power
supply decision to remain a Bonneville Power Administration (BPA) "full -requirements" customer until
September 2019. The next Council decision for Tier 2 power supply occurs in 2014 for the October 2019
to September 2024 period.
3) Can NPI use the cogeneration project to self -generate its own power?
Staff response: Yes, NPI could use the cogeneration project to self -generate its own power. However, as
background, the City entered into a 20 -year Power Sales Agreement with the BPA in 2008. As part of
that Agreement, there are special requirements related to the proposed NPI cogeneration project. One
is that the City is required to notify the BPA no more than 120 days after startup whether the
cogeneration project will or will not be used to serve a portion of the NPI's load. Further, the notice
needs to indicate if the power generated will be sold to another utility in the region or marketed as an
export by NPI. If the cogeneration project is marketed as an export, then later used to serve a portion of
NPI's load, there may also be increased charges to NPI. Lastly, the City's Agreement with the BPA
includes scheduling requirements if the cogeneration project serves a portion of the NPI's load and the
remainder is marketed as an export. Beyond that, prior to each BPA fiscal year, NPI must report to the
City any planned changes to the cogeneration project operations for the coming year, so they might be
reported to the BPA.
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4) Can local marine renewable energy ever be foreseen as resources that could economically be used by
the City of Port Angeles?
Staff response: Although marine renewable energy resources such as tidal power are much more
expensive than the Tier 1 power now being purchased by the City, plausible scenarios show that these
marine renewable resources may be able to provide electricity beginning in post -2020 era at a rate that
is cost -competitive with other Tier 2 energy supply resources that the City will likely be evaluating at
that time.
5) Who are customers that subscribe to the electric utility's Non-Profit/Tax-Deductable rate class?
Staff response: The NP -03 rate schedule applies to all non-profit, tax-deductible organizations, and
currently has a total of 58 customers. Examples include churches, as well as service groups such as the
YMCA, the Clallam County Historical Society, and Serenity House of Clallam County.
6) The City should consider supporting the development of solar power.
Staff response: The City of Port Angeles is the only electric utility on the Olympic Peninsula, and one of
the few in the region, that supports the development of customer -owned solar energy systems by
providing a cash rebate to any customer who installs either a solar water heating system, a solar
photovoltaic (PV) system, or a small wind turbine generator. While its customers may also receive
additional incentives from the state and federal government that help buy -down the cost of owning
such solar systems, the City is not eligible to receive them. This makes solar systems such as PV cost -
prohibitive for the City to own and operate. Additionally, the City previously proposed developing a
customer -driven PV project to the Bonneville Power Administration (BPA), with the BPA funding 50% of
the estimated $400,000 total system cost. The balance of the cost would have required funding through
voluntary contributions of City electric customers. That grant request was denied by the BPA. Absent
grant funding, the City does not now have the financial capacity to construct such a PV system, although
the project may be reviewed again at a future time.
7) Did the two Elwha River dams ever provide power directly to the City of Port Angeles?
Staff response: The previous owners of the NPI pulp and paper mill, Crown Zellerbach and the James
River Corporation, received and consumed all of the electric power produced by the Elwha and Glines
Canyon dams. The James River Corporation owned the two dams until February 2000, when the federal
government bought them and their related facilities. Until their removal in 2011, the dams were
operated by the Bureau of Reclamation, which, after February 2000, fed the power into the regional
transmission system operated by the BPA.
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VGELES
DATE: August 21, 2012
TO: CITY COUNCIL
FROM: NATHAN A. WEST, DIRECTOR
COMMUNITY & ECONOMIC DEVELOPMENT
SUBJECT: AMENDMENT TO SECTION 14.03 PAMC
EXEMPTIONS TO BUILDING PERMITS
Summary: Amendment to Section 14.03 of the Port Angeles Municipal Code (PAMC) to include
certain exemptions not previously excluded from building permits.
Recommendation: Conduct a first reading of the attached Ordinance and continue action to
September 4, 2012.
Background / Analysis: RCW 19.27.060 provides that the governing bodies of counties and
cities may amend the state adopted building codes as they apply within their respective
jurisdictions but the amendments shall not result in a code that is less than the minimum
performance standards and objectives contained in the state building code. Building codes adopted
by local jurisdiction apply to all buildings and structures within that jurisdiction including those
owned by the state or by any unit of local government. Section 105.1 of the International Building
Code (IBC) provides a list of work exempt from permit requirements.
While the previous Code, the Uniform Building Code, specifically did not regulate work located in
a right of way, i.e. bridges and certain other utility construction projects, from building permit
requirements, the current Code, 2009 International Building Code, does not exempt public works
projects from a building permit. Such an exemption would then fall under the purview of the local
jurisdictions per RCW 19.27.060. Staff believes that public works projects should continue to be
exempted from building permit requirements because such work is done under the direction and
oversight of the City's Public Works & Utilities professional staff and is designed to meet state
state building code and other applicable development standards.
Community and Economic Development staff consciously review issues of concern that are
brought to their attention while dealing with customers. The replacement of nonstructural siding is
a common activity that can be exempted from building permit requirements because it does not
affect structural integrity or building safety issues. The replacement of worn siding with a more
appropriate material is a minor exemption that staff can also support.
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City Council Building Code Amendment
August 21, 2012
Page 2
The attached ordinance amends the City's current building code to delegate oversight authority for
bridges and other such utility structures constructed under the jurisdiction of the City's Public
Works & Utilities Department to that Department while retaining the oversight for accessibility
requirements for those structures with the City's Building Division. The amendment also exempts
nonstructural siding from a building permit requirement.
Staff will be available for comment if needed. This action does not result in development that is
less than the minimum performance standards and/or objectives contained in the state building
code
Attachment: Ordinance
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• ORDINANCE NO.
AN ORDINANCE of the City of Port Angeles, Washington, amending Chapter
14.03 of the Port Angeles Municipal Code relating to the Building Code.
THE CITY COUNCIL OF THE CITY OF PORT ANGELES DO HEREBY ORDAIN
as follows:
Section 1. Ordinance 2552, as amended, and the Port Angeles Municipal Code are
hereby amended by amending PAMC 14.03.020 to read as follows:
14.03.020 Amendments to International Codes. Pursuant to RCW 19.27.040, RCW
19.27.060(3) and (4), and PAMC 14.04.020, the following amendments to the International
Building Code, International Residential Code, International Fire Code, and Uniform Sign Code
are adopted:
A. International Building Codes, Chapter 5, Table 503 is amended by adding the
following footnote:
(e) Type V -B construction prohibited in CBD - Central Business District.
• B. International Building Code, Section 903.2.10 is amended by adding the
following:
903.2.13 Automatic Sprinklers shall be provided:
(a) In all buildings where the floor area exceeds 6,250 square feet on all floors;
(b) In any adult family home, boarding home, or group care facility that is
licensed by the Washington State Department of Social and Health Services for more than five
persons;
However, the height and area increases specified in Section 504 and 506 (for sprinklers)
shall be permitted.
For the purpose of the subsection, portions of buildings separated from the rest of the
building in accordance with the International Building Code may be considered as separate
buildings.
C. International Building Code is amended to exempt roads, bridges sidewalks
drainage structures, retaining walls and similar structures, and electrical transmission towers and
telephone poles (not including cell towers) regulated, approved, and inspected by the City's
Public Works & Utilities Departments from building permits. The City's Public Works and
Utilities Departments will consult with the City's Building Division to ensure compliance with
all public health and safety requirements.
ED. International Residential Code, Section R 105.2.1, is amended by restricting work
exempt from a permit to one story detached accessory structures provided that the floor area does
not exceed 120 square feet.
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D,. -E. International Residential Code is amended to provide as follows: No building
permit is required for construction of decks less than 30" from finished grade, unless such deck
is part of a larger construction project for which a building permit is required, but this provision
does not exempt deck construction from the minimum performance standards and objectives
contained in the state building code.
F. International Residential Code is amended to exempt the replacement of non
structural siding that does not result in construction less than the minimum performance
standards and objectives contained in the state building code
E.G. Uniform Sign Code, Chapter 3, Section 301, is amended by adding the
following: Provided that presently existing signs not in conformity with this code, as
amended, may be maintained in their present condition unless hazardous, but may riot be
altered or reconstructed unless in conformity with this code.
F-. H. Uniform Sign Code, Chapter 3, Section 303: Delete #3, signs less than 6 feet
above grade.
61 Uniform Sign Code, Chapter 4, delete Table 4-B. In lieu thereof, Chapter 32,
Section 3205.1 of the Uniform Building Code, 1997 Edition, shall apply to projection of
signs.
Section 2. The City Clerk and the codifiers of this ordinance are authorized to
make necessary corrections to this ordinance including, but not limited to, the correction of
the scrivener's/clerical errors, references, ordinance numbering, section/subsection numbers
and any references thereto.
Section 3 - Severability. If any provision of this Ordinance or its application to any
person or circumstance is held to be invalid, the remainder of the Ordinance or application of
the provision of the Ordinance to other persons or circumstances is not affected.
Section 4 - Effective Date. This ordinance, being an exercise of a power specifically
delegated to the City legislative body, is not subject to referendum. This ordinance shall take
effect five days after its publication by summary.
PASSED by the City Council of the City of Port Angeles at a regular meeting of said
Council held on the clay of September, 2012.
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Cherie Kidd, Mayor
ATTEST: APPROVED AS TO FORM:
Janessa Hurd, City Clerk William E. Bloor, City Attorney
PUBLISHED: 2012 code aks0815112wpd
By Summary
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2012\18- Int'l Bldg
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GELES
DATE: August 21, 2012
TO: CITY COUNCIL
FROM: Glenn A. Cutler, P. E., Director of Public Works & Utilities
SUBJECT: Bonneville Power Administration Cooperative Agreement 48475 Modification No. 3
Summary: The Bonneville Power Administration has offered the City additional funding authority to
purchase equipment for the residential demand response pilot project funded under Cooperative
Agreement No. 48475.
Recommendation: Approve and authorize the City Manager to sign Modification No. 3 of
Cooperative Agreement No. 48475 and to make minor modifications to the Agreement, if
necessary.
Background/Analysis: A proposal was submitted in April 2010 to the Bonneville Power
Administration (BPA) for a residential demand response pilot project. A two-year Cooperative
Agreement (Agreement) in an amount not to exceed $367,000 was executed between the BPA and the
City during July 2010. Modification No. 1 increased the project budget in the amount of $59,010, which
was approved by Council in August 2010. Modification No. 2 was an administrative action used to
clarify and correct ambiguity and discrepancies in Modification No. 1, which was signed unilaterally by
the BPA in October 2010.
Modification No. 3 eliminates some of the originally proposed equipment, and instead allows the City to
purchase 500 Mueller Systems Bridge/Gateway units that are required for communicating with the water
heater and thermostat//HAN equipment used by the project. The modification also makes changes to the
Project Description to include the revised number of participants in the Equipment Testing Matrix, the
equipment and number of units included in the pilot, the elimination of Task 4 (Dispatchable Demand
Response), the project timeline and completion dates for remaining deliverables. The proposed project
expenditures must be incurred by September 30, 2012, and any funds remaining after that date are
subject to de -obligation by the BPA. Lastly, Modification No. 3 reduces the BPA award ceiling by
$103,838 from $426,010 to $322,172.
On August 14, 2012, the Utility Advisory Committee forwarded a favorable recommendation to City
Council to authorize the City Manager to sign modification No. 3 of Cooperative Agreement No. 48475
and to make minor modifications to the Agreement, if necessary.
Attachment: BPA Cooperative Agreement No. 48475 Modification No. 3
N•\CCOUNCIL\FINAL\BPA Cooperative Agreement 48475 Modification No 3 docx
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UNITED STATES
GOVERNMENT
Mail Invoice To:
.See Page 2
Vemlor:
CITY OF PORT ANGELES
321 EAST FIFTH STREET
PORT ANGELES WA 98362
Attn-, PHIL LUSK
COOPERATIVE AGREEMENT BONNEVILLE
IMINLSTRAT
POYTR ADIOX
,:7--
Contract -00048475
Release
Page
Please Direct Inquiriev to.-
KRISTA L. MCCRACKEN
Title: CONTRACT SPECIALIST
Phone: 503-230-5383
Fax - 503-2304508
Contract Title: RESIDENTIAL DEMAND RESPONSE PILOT PROJECT
Total Value : $322,172.00
Pricing Method: COST SHARE (NO FEE)
Pricing
Performance Period: 08102/10 - 09130/13
Contractor Signature
Printed Name/Title
Date Signed
** NOT TO EXCEED
Payment Terms:
13PA Con racting Officer
rr/7? 0t Z
mateSigned
itle ; MODIFY SCOPE, PERFORMANCE PERIOD & BUDGET
Modification: 003
Modified Performance Period: - 09130113
Modification Value: ($103,838.00)
Pricing Method:
0
Days Net 30 0
I
J-2
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CONTINUATION SHEET
Cooperative Agreement No. 48475 — Modification No. 003
• Residential Integrated Automated Metering Infrastructure Demand Response Pilot Project
Project Technical Representative — Melanie Parker / 503-230-3170 / mrparker bpa -gov
Financial Assistance Officer — Krista McCracken / 503-230-5383 / klmccracken(a)bpa.gov
The purpose of this modification is to incorporate changes to the project scope, period of performance,
budget, and cost share. The modification consists of the signature page, the continuation sheet, and a
conformed copy of Unit 1- Terms and Conditions, Unit 2 — Project Description, and Unit 3 — Budget The
parties mutually agree to the changes incorporated herein.
1. Unit 1 —Terms and Conditions
Clause 4-23, Personal Property Management, is revised to reflect the elimination of 10 Residential
Thermal Storage Units (Thermal Storage Room Heaters) and the addition of 500 Mueller Systems
Bridge/Gateway equipment required for communication with existing water heater and thermostat//HAN
equipment.
2. Unit 2 — Project Description
Changes to the Project Description include the number of participants in the Equipment Testing Matrix,
the equipment and number of units included in the pilot, the elimination of Task 4 (Dispatchable
Demand Response), the project timeline and completion dates for remaining deliverables.
3. Unit 3 — Budget
The award ceiling is reduced by $103,838 from $426,010 to $322,172, and BPA's cost share is reduced
from 60 percent to 44 percent. The budget category D, Equipment, is increased by $14,687 and broken
out to separately reflect equipment and installation costs Cost share is adjusted for budget categories
D, F, and G.
04. Project expenditures must be incurred by September 30, 2012 Any funds remaining are subject to de -
obligation
5. Please submit requests for reimbursement, other required financial reports, progress reports and
deliverables marked with agreement number to the PTR at the e-mail address provided herein.
6. All other terms and conditions remain the same
Cooperative Agreement No. 48475 — Modification No. 003 Page 2
TABLE OF CONTENTS
UNIT 1 — TERMS AND CONDITIONS............................................................................... 4
CLAUSE 4-1 REGULATIONS APPLICABLE TO BPA FINANCIAL ASSISTANCE..................................4
CLAUSE 4-2 NONDISCRIMINATION IN FEDERALLY ASSISTED PROGRAMS.....................................4
CLAUSE 4-3 EXAMINATION OF RECORDS...................................................................................................4
CLAUSE 4-4 REPORTING PROGRAM PERFORMANCE.............................................................................4
CLAUSE 4-6 REIMBURSEMENT PAYMENT AND FINANCIAL REPORTING REQUIREMENTS .........
4
CLAUSE 4-7 ENVIRONMENTAL PROTECTION............................................................................................5
CLAUSE 4-8 LIMITATION OF LIABILITY.........................................................................................................5
CLAUSE 4-9 ACKNOWLEDGMENT OF SUPPORT.......................................................................................5
CLAUSE4-10 DISPUTES....................................................................................................................................5
CLAUSE4-11 TRAVEL........................................................................................................................................6
CLAUSE 4-12 FINANCIAL ASSISTANCE OFFICER'S REPRESENTATIVE.............................................6
CLAUSE 4-13 PROJECT TECHNICAL REPRESENTATIVE........................................................................6
CLAUSE 4-14 FIELD REPRESENTATIVE........................................................................................................6
CLAUSE 4-15 COST REIMBURSEMENT BASIS............................................................................................6
CLAUSE 4-16 BPA -FURNISHED EQUIPMENT OR MATERIAL..................................................................7
CLAUSE 4-17 SUSPENSION OR TERMINATION..........................................................................................7
CLAUSE 4-18 CHANGE OR ABSENCE OF THE PRINCIPAL INVESTIGATOR OR DESIGNATED
KEYPERSONNEL................................................................................................................................................8
CLAUSE 4-19 PAPERWORK REDUCTION.....................................................................................................8
CLAUSE 4-21 REQUIREMENT FOR AUDIT...................................................................................................8
CLAUSE 4-23 PERSONAL PROPERTY MANAGEMENT...........................................................................8
CLAUSE 4-25 BPA PROPERTY TO BE GRANTED.......................................................................................9
CLAUSE 4-26 BUDGET CHANGES AND LINE ITEM TRANSFERS.........................................................10
CLAUSE 3-3 CERTIFICATION, DISCLOSURE, AND LIMITATION REGARDING PAYMENTS TO
INFLUENCE CERTAIN FEDERAL TRANSACTIONS...................................................................................10
CLAUSE 3-6 DRUG-FREE WORKPLACE.....................................................................................................12
UNIT 2 — PROJECT DESCRIPTION...............................................................................
14
•
UNIT3 — BUDGET..........................................................................................22
•
Cooperative Agreement No. 48475 — Modification No. 003 Page 3
UNIT 1 - TERMS AND CONDITIONS
• CLAUSE 4-1 REGULATIONS APPLICABLE TO BPA FINANCIAL ASSISTANCE
(BFAI 4.10) (SEP 04)
The Bonneville Power Administration's financial assistance function is managed and executed solely in
accordance with the Bonneville Financial Assistance Instructions (BFAI) The BFAI is available without
charge on the Internet at http,//www/bpa.gov Copies of the BFAI may be obtained for $15.00 each
Requests and comments should be sent to Head of the Contracting Activity - GK, Bonneville Power
Administration, P.O. Box 3621, Portland, OR 97208. Subscriptions are not available
CLAUSE 4-2 NONDISCRIMINATION IN FEDERALLY ASSISTED PROGRAMS
(BFAI 4.10) (SEP 04)
The recipient shall comply with 10 CFR Chapter II, Section 600.39 which provides that "...no person shall
on the ground of race, color, national origin, sex, handicap, or age be excluded from participation in, be
denied the benefits of, be subjected to discrimination under, or be denied employment, where the main
purpose of the program or activity is to provide employment or when the delivery of program services is
affected by the recipient's employment practices, in connection with any program or activity receiving
Federal assistance from .." BPA.
CLAUSE 4-3 EXAMINATION OF RECORDS
(BFAI 4.10) (SEP 04)
(a) The recipient shall maintain books, records, documents, and other evidence and accounting procedures
and practices, sufficient to reflect properly all direct and indirect costs of whatever nature claimed to
have been incurred and anticipated to be incurred for the performance of this award. The Financial
Assistance Officer or a representative shall have the right of access to any books, documents, papers,
• or other records of recipients and subrecipients which are pertinent to the award, in order to make
audits, examinations, excerpts and transcripts
(b) Such material shall be made available at the office of the recipient, at all reasonable times, for
inspection, audit or reproduction, until the expiration of 3 years from the date of final payment under this
award or for such longer period, if any, as is required by applicable statute. If any litigation, claim,
negotiation, audit or other action involving the records has been started prior to the expiration of the 3
year period, the records must be retained until completion of the action and resolution of all issues
which arise from it, or until the end of the regular 3 year period whichever is later.
CLAUSE 4-4 REPORTING PROGRAM PERFORMANCE
(BFAI 4.10M)(FEB 10)
(a) Frequency. Unusual events having a negative impact on the project should be reported to the Project
Technical Representative (PTR) as soon as they are discovered A progress report is due quarterly. A
final report on the project must be submitted no later than 90 days after completion of the project.
(b) Contents. The report should contain updates to the work plan and a comparison of the actual
accomplishments to those planned for the period. If the project is not on schedule, a brief explanation of
the reason is required Unusual situations encountered which impacted the costs or effectiveness of
the project should be identified and explained The report should include key accomplishments during
the reporting period and any issues or risks identified.
CLAUSE 4-6 REIMBURSEMENT PAYMENT AND FINANCIAL REPORTING REQUIREMENTS
(BFAI 4.10M)(JUL 10)
• (a) Payment for services performed under this award will be reimbursed by Vendor Express payment after
performance of the services. Recipient requests for reimbursements, and recipient financial reporting
requirements shall be made as follows.
Cooperative Agreement No. 48475 — Modification No. 003 Page 4
(1) Reimbursements. Standard Form 270e, Request for Advance and Reimbursement, shall be used
when requesting reimbursement for costs incurred on the project Requests should not be made
more frequently than monthly An original should be submitted to the Protect Technical
Representative (PTR). 0
(2) Interim cost reports. Interim cost reports on SF -425a, Federal Financial Report (short Form), shall
be submitted to the Project Technical Representative (PTR) quarterly, within 30 days after the end
of the reporting period
(3) Final Cost Report. The final cost report shall be submitted to the PTR within 90 days after the end
of the effective period It shall be submitted in the same format as the budget as awarded The
final cost report shall compare the amounts allocated in the award budget to the amounts expended
for each budget element
CLAUSE 4-7 ENVIRONMENTAL PROTECTION
(BFAI 4.10)(SEP 04)
The recipient shall insure that the facilities under its ownership, lease or supervision which will be utilized in
the accomplishment of the project are not listed on the Environmental Protection Agency's (EPA) list of
Violation Facilities and that it will notify BPA of the receipt of any communication from the Director of the
EPA Office of Federal Activities indicating that a facility to be used in the project is under consideration for
listing by the EPA
CLAUSE 4-8 LIMITATION OF LIABILITY
(BFAI 4.10)(SEP 04)
The recipient agrees to hold BPA harmless against any direct or consequential damages claimed by the
recipient or third parties arising from or related to Recipient's performance, during the period of this award
CLAUSE 4-9 ACKNOWLEDGMENT OF SUPPORT
(BFAI 4.10)(SEP 04) 0
Publication of the results of this award is encouraged. The recipient shall include in any article or other
announcement that is published an acknowledgment that the research was supported, in whole or in part,
by BPA (including the award number), but that such support does not constitute an endorsement by BPA of
the views expressed therein
CLAUSE 4-10 DISPUTES
(BFAI 4.10) (SEP 04)
(a) Except as otherwise provided in this award, any unresolved dispute concerning a question of fact arising
under this award shall be decided by the Financial Assistance Officer (FAO), who shall reduce that
decision to writing and mail, or otherwise furnish a copy thereof to the Recipient The decision of the
Financial Assistance Officer shall be final and conclusive. The FAO's decision may be appealed to the
BPA HCA. The decision of the BPA HCA shall be final and conclusive
(b) This clause does not preclude consideration of law questions in connection with decisions provided for
in paragraph (a) above, provided, that nothing in this award shall be construed as making final the
decision of any administrative official, representative, or board, based on a question of law.
(c) The use of alternate disputes resolution processes are encouraged, and may be used as negotiated
between the parties.
Cooperative Agreement No. 48475 — Modification No. 003 Page 5
CLAUSE 4-11 TRAVEL
(BFAI 4.10)(SEP 04)
• (a) Domestic travel may be an appropriate charge to this award, and prior authorization for specific trips is
not required. In accordance with the applicable cost principles, reasonable, necessary, and allowable
travel costs may be charged on an actual basis or per diem basis in lieu of actual costs incurred,
provided the method used results in charges consistent with those normally allowed by the organization
in its regular operations and travel is at less than business class common carrier fare, unless otherwise
approved in advance by the Financial Assistance Officer.
(b) Foreign travel may be charged to this award without prior approval if detailed in the approved budget. If
foreign travel is required, but not detailed in the approved budget, it must be approved in writing by the
Financial Assistance Officer prior to beginning the travel Foreign travel will be reimbursed on the same
basis as domestic travel
CLAUSE 4-12 FINANCIAL ASSISTANCE OFFICER'S REPRESENTATIVE
(BFAI 4.10)(SEP 04)
The Financial Assistance Officer's Representative (FAOR) shall have all the rights, powers, and privileges
of the Financial Assistance Officer necessary to the administration of the award. provided, however, that
the FAOR is not empowered to execute modifications to the award, to make a final decision of any matter
which would be subject to appeal, or to suspend or terminate for any cause the recipient's right to proceed.
CLAUSE 4-13 PROJECT TECHNICAL REPRESENTATIVE
(BFAI 4.10)(SEP 04)
(a) The Project Technical Representative (PTR) is the authorized representative of the Financial Assistance
Officer (FAO) for technical actions performed in relation to the award. This includes the functions of (1)
review of work performed; and (2) interpretation of technical program requirements
• (b) The PTR is not authorized to act for the FAO in the following matters: (1) modifications that change the
amount of award, technical requirements or time for performance, (2) suspension or termination of the
recipient's right to proceed; and (3) final decisions on any matters subject to appeal.
•
CLAUSE 4-14 FIELD REPRESENTATIVE
(BFAI 4.10)(SEP 04)
(a) The Field Representative (FR) will be appointed by Financial Assistance Officer (FAO) or the Project
Technical Representative (PTR) and is authorized by the PTR for reviewing project accomplishments
and recipient's technical reports, and interpretation of award requirements.
(b) The Field Representative (FR) is not authorized to act in the following matters (1) modifications that
change the award amount or general direction of the project, (2) suspension or termination of the
recipient's right to proceed, (3) approval of financial requests and reports, and (4) final decisions on any
matters subject to appeal
CLAUSE 4-15 COST REIMBURSEMENT BASIS
(BFAI 4.10)(SEP 04)
This award is funded on a cost reimbursement basis without fee or profit, not to exceed the amount
awarded as indicated on the face page and is subject to a refund of unexpended funds to BPA.
Cooperative Agreement No. 48475 — Modification No. 003 Page 6
CLAUSE 4-16 BPA -FURNISHED EQUIPMENT OR MATERIAL
(BFAI 4.10)(SEP 04)
(a) The recipient hereby releases and agrees to hold BPA, or persons acting upon behalf of the BPA
harmless for any and all liability of every kind and nature whatsoever resulting from the receipt,
shipping, installation, operation, handling, condition, use and maintenance of the material furnished by
BPA under this award.
(b) Neither BPA nor persons acting on behalf of BPA make any warranty or other representation, express or
implied, that the material provided under this award will accomplish the results for which it is requested
or intended.
CLAUSE 4-17 SUSPENSION OR TERMINATION
(BFAI 4.10)(SEP 04)
(a) Definitions
(1) "Suspension" is an action by BPA that temporarily suspends BPA support under the award pending
corrective action by the Recipient or pending a decision by BPA to terminate the award.
(2) "Termination" means the cancellation of BPA sponsorship, in whole or in part, at any time prior to
the date of completion
(b) Suspension or Termination for cause.
(1) Notice of Suspension. Prior to issuing a suspension notice, efforts will be made by BPA and the
recipient to informally resolve disagreements If informal efforts fail, BPA may issue a notice of
suspension that specifies the date on which the suspension will take effect During the suspension,
BPA may withhold further payment and prohibit the recipient from incurring additional obligations of
funds pending corrective action by the recipient or a decision by BPA to terminate BPA shall allow •
all necessary and proper costs that the recipient could not reasonably avoid during the period of
suspension provided that they would otherwise be allowable.
(2) Notice of Termination for Cause. Prior to issuing a termination notice, efforts will be made by BPA
and the recipient to informally resolve disagreements. If informal efforts fail, BPA may issue a
notice of termination that will take effect as stated in the letter. The Financial Assistance Officer
shall determine the severity of the violation that caused the termination for cause, and determine
what costs are appropriate for reimbursement.
(c) Termination for convenience. BPA or the recipient may request that the award be terminated in whole
or in part when both parties agree that the continuation of the project would not produce beneficial
results commensurate with the further expenditure of funds The two parties shall agree upon the
termination conditions, including the effective date and, in the case of partial terminations, the portion to
be terminated. The recipient shall not incur new obligations for the terminated portion after the effective
date, and shall cancel as many outstanding obligations as possible. BPA shall allow full credit to the
recipient for the BPA share of the noncancellable costs, properly incurred by the recipient prior to
termination.
(d) Authority to issue notices. The Financial Assistance Officer is the only person authorized to suspend or
terminate the award.
0
J3
Cooperative Agreement No. 48475 — Modification No. 003 Page 7
CLAUSE 4-18 CHANGE OR ABSENCE OF THE PRINCIPAL INVESTIGATOR OR DESIGNATED KEY
PERSONNEL
(BFAI 4.10)(SEP 04)
aSince BPA funding of this project is based, to a significant extent, on the qualifications and level of
participation of the Principal Investigator(s), or key personnel, a change of Principal Investigator(s), or key
personnel, or their level of effort is considered a change in the approved project. The approval of BPA
must be obtained prior to any change of the Principal Investigator or key personnel who have been
identified as key personnel. In addition, any continuous absence of the Principal Investigator or key
personnel in excess of 3 months, or plans for the Principal Investigator or key personnel to become
substantially less involved in the project than was indicated in the approved application requires BPA prior
approval. The recipient must contact the Financial Assistance Officer (FAO) immediately upon becoming
aware that any of these changes are likely and must receive FAO approval before effecting any such
change
CLAUSE 4-19 PAPERWORK REDUCTION
(BFAI 4.10)(SEP 04)
(a) This award is subject to the requirements of the Paperwork Reduction Act of 1996 as implemented by
the Office of Management and Budget rules, "Controlling Paperwork Burdens on the Public," published
at 5 CFR 1320 (47 FR 13666, 3-31-43) if the recipient will collect information from ten or more
respondents either,
(1) At the specific request of BPA, or
(2) If the award requires specific BPA approval of the information collection or the collection
procedures
(b) A statement outlining proposed information collection under (a) above shall be submitted by the
recipient to the Financial Assistance Officer named on the face page of this award at least 90 days prior
• to the intended date of information collection BPA will seek the requisite approval from the Office of
Management and Budget and will promptly notify the recipient of the disposition of the request.
CLAUSE 4-21 REQUIREMENT FOR AUDIT
(BFAI 4.10)(SEP 04)
The recipient is required to obtain an audit in accordance with OMB Circular A-133.
CLAUSE 4-23 PERSONAL PROPERTY MANAGEMENT
(BFAI 4.10) (SEP 04)
(a) This clause provides guidance for the utilization and disposition of personal property furnished by
BPA or acquired in whole or in part with BPA funds, or whose cost was charged to a project
supported by BPA funds Also see BPI Clause 19-1
(b) BPA -owned personal property.
(1) The following BPA property will be provided for use in this award:
Description
Units
Thermal Storage Communications Hardware 030
(2) Title remains vested in BPA The recipient shall submit an annual reconciled physical inventory
listing by October 1 of each year of such property in its custody to the PTR
0(3) Upon completion of the award, or when the property is no longer needed, the recipient shall
provide an inventory of the property to BPA and request disposition instructions.
Cooperative Agreement No. 48475 — Modification No. 003 Page 8
(c) Recipient -acquired personal property
(1) When the recipient acquires personal property using BPA funds, in whole or in part, title vests
with the recipient. 0
(2) BPA will request the recipient to transfer title to the following property at the end of the project:
None
(3) BPA reserves the right to transfer title to the property listed below to itself or a third party at the
completion of the project
None
(4) If BPA does not provide disposition instructions for property identified in (b)(3) within 12.0 days
of the end of the project, BPA relinquishes the right to transfer title and the recipient may retain
the property, or dispose of it as appropriate.
(5) BPA does not reserve the right to transfer title to the following personal property The recipient
may retain, use or dispose of this property.
Description Units
Water Heater Demand Controllers 500
Home Area Networks 090
Mueller Systems Bridge/Gateway 500
(6) The recipient shall submit a reconciled physical inventory listing by October 1 every second
year of the award of personal property in its control
(d) Property Management Standards for property which BPA will, or reserves the right to, require the
transfer of title at the conclusion of the award.
(1) Property records shall be maintained which include a description of the property, source of
property, including award number, acquisition date, location, use and condition of the property
and the date the information was reported, unit acquisition cost, ultimate disposition of property,
and date of disposition.
(2) The recipient shall maintain a system to insure adequate safeguards to prevent loss, damage,
or theft of the property.
(3) The recipient shall follow adequate maintenance procedures to keep the property in good
condition.
CLAUSE 4-25 BPA PROPERTY TO BE GRANTED
(BFAI 4.10) (SEP 04)
The following BPA property is granted to the recipient for use in the work supported by this award. Title to
the property vests with the recipient upon receipt The recipient shall submit an annual reconciled physical
inventory listing by October 1 of each year of such property in its custody to the PTR. Following completion
of the project and submission of the final report, if one is required, the recipient is relieved of accountability
for the property.
Description Units
Thermal Storage Room Heaters 020
Thermal Storage Water Heater Controllers 020
Thermal Storage Whole House Furnace 001
Cooperative Agreement No. 48475 — Modification No. 003 Page 9
CLAUSE 4-26 BUDGET CHANGES AND LINE ITEM TRANSFERS
(BFAI 4.10) (SEP 04)
If unanticipated project needs arise, the recipient is authorized to make budget line item transfers not
exceeding ten per cent of the total approved budget Reallocation of funds exceeding this amount must
have the prior written approval of the FAO. The recipient shall send a written request for such budget
changes to the FAO through the Project Technical Representative The FAO will respond to the request
within 30 days
Recipients or subrecipients shall obtain prior approval whenever any of the following changes are
anticipated*
(a) Changes in the scope or the objective of the project or program that will require a budget revision.
(b) The need for additional funding.
CLAUSE 3-3 CERTIFICATION, DISCLOSURE, AND LIMITATION REGARDING PAYMENTS TO
INFLUENCE CERTAIN FEDERAL TRANSACTIONS
(SEP 98)(BPI 3.5.6)
(a) As used in this clause*
"Covered Federal action" means
(1) The awarding of any Federal contract.
(2) The extension, continuation, renewal, amendment, or modification of any Federal contract.
"Indian tribe" and "tribal organization" have the meaning provided in section 4 of the Indian Self -
Determination and Education Assistance Act (25 U S.C. 4506) and includes Alaskan Natives
"Influencing or attempting to influence" means making, with the intent to influence, any communication to or
appearance before an officer or employee of any agency, a Member of Congress, an officer or employee of
Congress, or an employee of a Member of Congress in connection with any covered Federal action.
"Local government" means a unit of government in a State and, if chartered, established, or otherwise
recognized by a State for the performance of a governmental duty, includes a local public authority, a
special district, an intrastate district, a council of governments, a sponsor group representative organization,
and any other instrumentality of a local government.
"Person" means an individual, corporation, company, association, authority, firm, partnership, society,
State, and local government, regardless of whether such entity is operated for profit or not for profit This
term excludes an Indian tribe, tribal organization, or any other Indian organization with respect to
expenditures specifically permitted by other Federal law.
"Reasonable compensation" means, with respect to a regularly employed officer or employee of any
person, compensation that is consistent with the normal compensation for such officer or employee for work
that is not furnished to, not funded by, or not furnished in cooperation with the Federal Government.
"Reasonable payment" means, with respect to professional and other technical services, a payment in an
amount that is consistent with the amount normally paid for such services in the private sector
"Recipient" includes all contractors and subcontractors. The term excludes an Indian tribe, tribal
organization, or any other Indian organization with respect to expenditures specifically permitted by other
Federal law.
"Regularly employed" means, with respect to an officer or employee of a person requesting or receiving a
. Federal contract, an officer or employee who is employed by such person for at least 130 working days
within one year immediately preceding the date of the submission that initiates agency consideration of
such person for receipt of such contract An officer or employee who is employed by such person for less
Cooperative Agreement No. 48475 — Modification No. 003 Page 10
than 130 working days within one year immediately preceding the date of the submission that initiates
agency consideration of such person shall be considered to be regularly employed as soon as he or she is
employed by such person for 130 working days
"State" means a State of the United States, the District of Columbia, the Commonwealth of Puerto Rico, a
territory or possession of the United States, an agency or instrumentality of a State, and a multi -State,
regional, or interstate entity having governmental duties and powers
(b) The offeror, by signing its offer, hereby certifies to the best of his or her knowledge and belief that-
(1)
hat
(1) No Federal appropriated funds have been paid or will be paid to any person for influencing or
attempting to influence an officer or employee of any agency, a Member of Congress, an officer or
employee of Congress, or an employee of a Member of Congress on his or her behalf in connection
with the awarding of any Federal contract or the extension, continuation, renewal, amendment, or
modification of any Federal contract
(2) If any funds other than Federal appropriated funds (including profit or fee received under a covered
Federal transaction) have been paid or will be paid to any person for influencing or attempting to
influence an officer or employee of any agency, a Member of Congress, an officer or employee of
Congress, or an employee of a Member of Congress on his or her behalf in connection with this
solicitation, the offeror shall complete and submit, with its offer, Standard Form -LLL, Disclosure of
Lobbying Activities, to the Contracting Officer.
(3) He or she will include the language of this certification in all subcontract awards at any tier and that
all sub -recipients of subcontract awards in excess of $100,000 shall certify and disclose
accordingly
(c) Submission of this certification and disclosure is a prerequisite for making or entering into this contract
imposed by section 1352, title 31, U S. Code. Any person who makes an expenditure prohibited under
this provision or who fails to file or amend the disclosure form to be filed or amended by this provision,
shall be subject to a civil penalty of not less than $10, 000 and not more than $100,000 for each such
failure 0
(d) A contractor who requests or receives from an agency a Federal contract shall file with that agency a
disclosure form, OMB standard form LLL, Disclosure of Lobbying Activities, if such person has made or
has agreed to make any payment using non appropriated funds (to include profits from any covered
Federal action), which would be prohibited under this clause if paid for with appropriated funds
(e) The contractor shall file a disclosure form at the end of each calendar quarter in which there occurs any
event that materially affects the accuracy of the information contained in any disclosure form previously
filed by such person under paragraph (b) of this clause An event that materially affects the accuracy of
the information reported includes --
(1) A cumulative increase of $25,000 or more in the amount paid or expected to be paid for influencing
or attempting to influence a covered Federal action, or
(2) A change in the person(s) or individual(s) influencing or attempting to influence a covered Federal
action, or
(3) A change in the officer(s), employee(s), or Member(s) contacted to influence or attempt to influence
a covered Federal action.
(f) The contractor shall require the submittal of a certification, and if required, a disclosure form, by any
person who requests or receives any subcontract exceeding $100,000 under the Federal contract.
(g) All subcontractor disclosure forms (but not certifications), shall be forwarded from tier to tier until
received by the prime contractor. The prime contractor shall submit all disclosure forms to the
Contracting Officer at the end of the calendar quarter in which the disclosure form is submitted by the
subcontractor Each subcontractor certification shall be retained in the subcontract file of the awarding
contractor 0
Cooperative Agreement No. 48475 — Modification No. 003 Page 11
(h) Any person who makes an expenditure prohibited under this clause or who fails to file or amend the
disclosure form to be filed or amended by this clause shall be subject to a civil penalty as provided by
31 U S. Code 1352 An imposition of a civil penalty does not prevent the Government from seeking
• any other remedy that may be applicable
CLAUSE 3-6 DRUG-FREE WORKPLACE
(SEP 98)(BPI 3.6.4)
(a) The recipient agrees that with respect to all employees to be employed under this agreement it will
provide a drug-free workplace as described in this clause
(b) Definitions. As used in this clause "Controlled substance" means a controlled substance in schedules I
through V of section 202 of the Controlled Substances Act (21 U S C 812), as from time to time
amended, and as further defined in regulation at 21 CFR 1308.11-1308 15, as amended
"Conviction" means a finding of guilt (including a plea of nolo contendere) or imposition of sentence, or
both, by any judicial body charged with the responsibility to determine violations of the Federal or State
criminal drug statutes.
"Criminal drug statute" means a Federal or non -Federal criminal statute involving the manufacture,
distribution, dispensing, possession or use of any controlled substance.
"Drug-free workplace" means the site(s) for the performance of work done by the recipient in
connection with a specific agreement at which employees of the recipient are prohibited from engaging
in the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance.
"Employee" means an employee of a recipient directly engaged in the performance of work under a
Government agreement. "Directly engaged" is defined to include all direct cost employees and any
other recipient employees who have other than a minimal impact or involvement in agreement
performance.
"Individual" means an offeror/recipient that has no more than one employee including the
offeror/recipient
(c) The Recipient, if other than an individual, shall -- within 30 calendar days after award (unless a longer
period is agreed to in writing for agreements of 30 calendar days or more performance duration), or as
soon as possible for agreements of less than 30 calendar days performance duration --
(1) Publish a statement notifying its employees that the unlawful manufacture, distribution, dispensing,
possession, or use of a controlled substance is prohibited in the recipient's workplace and
specifying the actions that will be taken against employees for violations of such prohibition,
(2) Establish an on-going drug-free awareness program to inform such employees about --
(A) The dangers of drug abuse in the workplace;
(B) The recipient's policy of maintaining a drug-free workplace;
(C) Any available drug counseling, rehabilitation, and employee assistance programs, and
(D) The penalties that may be imposed upon employees for drug abuse violations occurring in the
workplace.
(3) Provide all employees engaged in performance of the agreement with a copy of the statement
required by subparagraph (c)(1) of this clause,
(4) Notify such employees in writing in the statement required by subparagraph (c)(1) of this clause
• that, as a condition of continued employment on this agreement, the employee will --
(A) Abide by the terms of the statement; and
.1-13
Cooperative Agreement No. 48475 — Modification No. 003 Page 12
(B) Notify the employer in writing of the employee's conviction under a criminal drug statute for a
violation occurring in the workplace no later than five (5) days after such conviction
(5) Notify the Financial Assistance Officer in writing within ten (10) days after receiving notice under •
subdivision (c)(4)(B) of this clause, from an employee, or otherwise receiving actual notice of such
conviction The notice shall include the position title of the employee;
(6) Within 30 days after receiving notice under subparagraph (c)(4)(B) of this clause of a conviction,
take one of the following actions with respect to any employee who is convicted of a drug abuse
violation occurring in the workplace -
(A) Taking appropriate personnel action against such employee, up to and including termination;
and/or
(B) Require such employee to satisfactorily participate in a drug abuse assistance or rehabilitation
program approved for such purposes by a Federal, State, or local health, law enforcement, or
other appropriate agency
(7) Make a good faith effort to maintain a drug-free workplace through implementation of
subparagraphs (c)(1) through (c)(6) of this clause.
(d) In addition to other remedies available to the Government, the Recipient's failure to comply with the
requirements of paragraph (c) of this clause may, pursuant to BPI 3 6 3 render the recipient subject to
suspension of agreement payments, termination of the agreement for default, and suspension or
debarment
r�
u
•
Cooperative Agreement No. 48475 — Modification No. 003 Page 13
UNIT 2 - PROJECT DESCRIPTION
• 1.0 RESIDENTIAL INTEGRATED AUTOMATED METERING INFRASTRUCTURE
C
DEMAND RESPONSE PILOT PROJECT
1.1 GENERAL DESCRIPTION
The City of Port Angeles submitted a proposal in response to the Funding Opportunity Announcement No
1530 issued by the Bonneville Power Administration (BPA) for Residential Demand Response (DR) Pilot
Projects The City of Port Angeles (City) is actively involved in upgrading its electric utility facilities to an
advanced metering infrastructure (AMI) system with smart meters capable of incorporating rate designs to
mimic BPA's forthcoming wholesale power Tiered Rate Methodology (TRM). The City will purchase and
install demand response equipment, to include 500 residential water heating DR controls, 90 in-home
displays with controllable home area network capabilities and 500 bridges/gateways that are required for
device communication Additionally, BPA provided 20 additional thermal storage room heaters, 20 thermal
storage water heater controllers and 1 thermal storage whole house furnace. These units will be deployed
on a voluntary basis to customers meeting specific prerequisites according to the equipment testing matrix
in Table 1-1 below.
33k �I3';i33}'s�3"�"i
3; 3,�i1�3m'33V Table'1-1
„
Equipment,Testing Matrix , »5
Participants in
Participants in Critical
Number of
Control Group
Participants
(0 hours/day
Peak Hour Group
(1 hour/day impact)
impact)
Baseline Control Group
no DR equipment)
100
100
0
Water Heater Only Group
500
30
370
Water Heater / HAN Group (Utility
90
10
80
Controlled
Water Heater / HAN Group
Customer Controlled
0
0
0
Water Heater / Thermal Storage
Room Heater Group
20
0
20
Thermal Storage Room Heater /
Thermal Storage Water Heater
20
0
20
Group
Thermal Storage Whole House
Furnace Group
1
0
1
TOTAL
731
140
491
The equipment identified in Table 1-1 is designed to achieve real demand savings results, eliminating any
self-selection bias In addition, for the Home Area Network (HAN), the results will be able to distinguish
between demand savings due to the in-home display showing a critical peak periods (with the customer
responding by shutting down their home heating system) versus general overall demand savings due only
to the physical reminder of the in-home display. Other pilot projects from the region and across the nation
are reporting positive results for DR projects, however, it is not clear if these results are over-stating the
potential demand savings2.
• Critical peak period is defined as the City's non -coincident peak (NCP) that would exceed the Contract Demand Quantity allocated to the City
under BPA'S wholesale TRM
2 Faruqui, Ahmad, Sergici, Sanem and Sharif, Ahmed, The Impact of Informational Feedback on Energy Consumption -- A Survey of the
Experimental Evidence (May 1, 2009) Available at SSRN http //ssrn com/abstract=1407701
Cooperative Agreement No. 48475 — Modification No. 003 Page 14
Once the pilot DR equipment is operational, the City will collect qualitative and quantitative data for one full
calendar year. The pilot project will conclude with the submission of a report that, based on load and
survey data, will evaluate the cost-effectiveness of DR and the City's electric utility customer's acceptance
of DR technologies.
1.2 PROJECT RATIONALE
The City is located on the Olympic Peninsula in Washington State, an ideal location for DR technologies
because the peninsula is presently served by a capacity -constrained, single -feed radial transmission
system The area has experienced significant population growth and it is projected that power -transmission
capacity in the region may be inadequate to supply demand during extremely cold winter conditions3 The
development of wide -scale DR options have the potential to benefit the City and the region in avoiding
costly transmission upgrades and lowering the City's wholesale power supply costs.
Transmission issues may be further exacerbated by the Elwha Ecosystem Restoration Project, which is the
second-largest ecosystem restoration project in the history of the National Park Service after the
Everglades This federal project will consist of removing two dams, the Glines and Elwha, and their
reservoirs from the Elwha River, which is expected to begin in 2011. Together, these two dams generate
over 28 megawatts of electricity and are the only significant sources for power generation on the Northern
Olympic Peninsula. Their removal may create further challenges for the City and the BPA for power
balancing between distant generation sources and peak demand loads.
In 2011 and 2012, the City will purchase and install a new Advanced Metering Infrastructure (AMI) system
to provide "smart" electric and water meters for nearly all of its utility customers, and will develop a robust
two-way communications system and integrate it with the City's existing fiber-optic network. This project
also includes an initial investigation of "Smart Grid" applications such as distribution utility automation, peak
load management, demand response, and home area networks A key deliverable for the proposed AMI
system will be its functional flexibility to interface with the electric utility's Supervisory Control and Data
Acquisition (SCADA) System to control demand response applications and the City's substation
conservation voltage reduction application.
In preparing for the shift to the BPA's TRM for wholesale power purchases effective October 1, 2011, the
City is proceeding with a retail TRM study to independently assess and evaluate methods to equitably
allocate the BPA wholesale TRM power costs to customer rate classes (e g., residential, commercial, etc.),
and to develop retail rate design options for each rate class based on the shift to the BPA wholesale TRM
power costs The most advantageous BPA wholesale TRM power cost allocation methodology and retail
rate design option developed by this Retail TRM study will be incorporated into the AMI project and used by
the City next year as part of a Cost -of -Service Analysis to determine the City's actual retail rates that will be
effective on January 1, 2012. Among other items, the development of these retail rate design options
includes a DR rate for each rate class, which includes an evaluation of the wholesale TRM NCP demand
costs and potential retail customer incentives
1.3 GOALS AND OBJECTIVES
In anticipation of the change to the TRM, the goal of this project is to demonstrate the ability to manage the
City's NCP demand in order to meet the following objectives.
■ Reduce the City's NCP demand above its assigned contract demand quantity (CDQ)
■ Reduce wholesale power supply costs for the City's residential customers
■ Minimize the perceived impact (e g., inconvenience, discomfort) to the City's residential customers
(e g., water heating and space comfort)
■ Maximize the City's residential customers' acceptance of DR
■ Delay or eliminate regional transmission system upgrades •
3 Pacific Northwest National Laboratory, Pacific Northwest GrldWlse Testbed Demonstration Projects, Part I Olympic Peninsula Project, DOE
Contract Number DE-AC05-76RLO 1830, October 2007 , A „
Cooperative Agreement No. 48475 — Modification No. 003 Page 15
1.4 CONSUMER IMPACT
A voluntary group of approximately 731 participants will be enrolled in this pilot project Most of the
• participants will be residential customers, but the City may elect to install some of the thermal storage
equipment in small commercial customer settings Each customer will be selected to meet a minimum set of
screening criteria and then placed in either a blind control group or a participant group Customers will be
asked to complete quarterly online surveys to evaluate their perceived impact of the DR technologies.
The maximum impact to the customer will be the curtailment of the electric water heating and electric space
heating equipment during the City's NCP demand period Based on other regional studies, the City
anticipates this will occur approximately 1 — 2 times per week.
1.5 RECRUITMENT
The City will request volunteers to participate in the residential DR pilot project. Volunteers will be
compensated with a $10/month incentive, either a credit to their electric bill or a cash payment. In addition,
customers will receive $10 incentive for each of the completed quarterly online surveys Total maximum
compensation will be $160 per customer for one year, or $80,000. Customers will be contacted with utility
bill inserts and through an educational outreach campaign. The baseline control group will receive a $10
incentive for each of two surveys completed, one at the onset and one at the completion of the project, for a
total maximum compensation of $2,000. Additionally, the thermal storage room heater / thermal storage
water heater controller group will receive a $10 incentive for each of two surveys completed, one at the
onset and one at the completion of the project, for a total maximum compensation of $620
1.6 PERSISTENCE OF ASSETS
The City intends to continue the use of DR assets following the completion of this pilot project The City
anticipates expanding this project to include all willing customers as it strives to minimize any peak demand
exceeding its anticipated Contract Demand Quantity (CDQ), to better match BPA's load shape, and to
• minimize its use of BPA's capacity constrained transmission system
2.0 PROPOSED TECHNOLOGY
The City is working with Mueller Systems in the procurement and installation of a turnkey AMI system for its
electric and water utilities Mueller Systems is also providing and installing the DR equipment proposed for
this pilot project.
The City is planning to use the following technologies -
Water Heating — electric water heating elements are cycled or turned off during peak curtailment
periods by the City's electric utility SCADA system. Water heater curtailments are more effective and
align well with the morning peak in water heater consumption Also, water heater use is similar year
round and does not respond dramatically to outside temperature Therefore, savings are consistent
throughout the year.
Home Area Network (HAN) — control of the customer's electric heating system (forced air electric
furnace or heat pump) in combination with the water heating controls.
o Utility Controlled Home Heating — cycling or setbacks controlled via a central thermostat
capable of communicating with the City's electric utility SCADA system The 2 -way
communications gives feedback from on-site AMI meters.
o Customer Controlled Home Heating — customer controlled switches are installed to control the
heating units or heating equipment circuits. In-home displays will alert customers to periods of
peak demand and customers will have the option to comply with the curtailment
■ Electric Thermal Storage (ETS) heating devices —although is it not a direct load control measure, ETS
• units have the potential to reduce peak demand and limit heavy load hour energy use Thermal storage
systems heat enclosed ceramic bricks to as high as 1,650° Celsius during off-peak hours and slowly
release the heat as needed during the on -peak period. While thermal storage has little or no energy
Cooperative Agreement No. 48475 — Modification No. 003 Page 16
conservation benefits, it has the potential to shift almost the entire heating load to off-peak hours. If a
unit is working exactly as installed, 100% of the heating load can be curtailed during morning and
evening winter peak In practice, overrides and minimal on -peak usage make up to a 90% peak
reduction possible a 16
■ Thermal storage water heater controllers — a different type of water heater controller from the unit
described above that is to be widely deployed as part of this project. This controller will cycle or turn off
electric water heater elements during peak curtailment periods, but additionally allows for advance
cycling and water heating in excess of normal operating temperatures during periods of low demand
and/or excess energy generation
3.0 EXPECTED IMPACT TO SYSTEM CAPACITY
For the proposed pilot project outlined in the Tasks in Section 5, we expect to achieve an overall peak
demand reduction of 387 kW/month as shown in Table 3-1 If only the water heater DR units are deployed
at all of the City's 8,900 residential customers, the potential peak demand savings is 6.23 MW/month
Because the City does not have access to natural gas, it is plausible that this project could be expanded to
include nearly all residential customers.
Table
a r
,Peak -Demand Reduction
5�
syr �
Peak Demand Reduction
kW/month
Water Heater Only
260
Water Heater / HAN(Utility Controlled
175
Water Heater / HAN Customer Controlled
0
Water Heater / Thermal Storage
55
TOTAL
490
4.0 READINESS
The City was in the process of issuing the AMI system RFP. The selection process included an initial
review of the responding vendors and submittal of the preferred vendor selection to the Utility Advisory
Committee (UAC). The UAC reviews all major projects and issues affecting the City's utilities and makes
recommendations to the City Council The UAC is composed of three City Council members, a
representative from the industrial rate class and a representative from the residential/commercial rate class
The UAC meets monthly and the meetings are open to the public Examples of issues addressed by the
UAC include utility rate adjustments, capital construction project priontization and utility policy and
procedure changes
The selected vendor is required to Install a "Phase 1" of the AMI system for the electric utility in conjunction
with the pilot project DR equipment, which will consist of the 600 residential customers in support of the DR
pilot project. The complete balance of the AMI system will be scheduled for completion in 2011, however,
this will not Impact the DR pilot project
Since 2009, the City has had the DR pilot project in its Capital Facility Plan to be developed in conjunction
with the AMI system This proposal to the BPA for the Residential Integrated
Automated Metering Infrastructure Demand Response Pilot Project therefore includes the City's cost -share
as delineated in the budget. Further, the City has staff available for the administration and execution of the
DR pilot project as outlined in this proposal
5.0 TASKS
C7
The purpose of the proposed DR pilot project is to manage the City's NCP demand. The following tasks
accomplish this goal on a pilot scale that can easily be expanded to the City's entire residential rate class 0
4 SEE http //www steffes com/off-peak-heatmg/ets html .1 — 8
Cooperative Agreement No. 48475 — Modification No. 003 Page 17
5.1 TASK 1—ADMINISTRATION
The City will provide the overall coordination of the DR pilot project The City will coordinate all vendor
• installation schedules with its electric utility customers
The City will administer the day to day tasks, including the following
■ Prepare and distribute educational materials
■ Manage web tool to interact with participants
■ Communicate with participants
■ Prepare and collect surveys from participants
■ Compile survey results
■ Collect and compile metering data for evaluation task
5.2 TASK 2—RECRUITMENT/INCENTIVES
For this task, the City will contact interested residential customers to determine eligibility to participate in the
DR pilot project The City will use utility bill inserts and advertisements to generate customer interest in this
project. The City will select approximately 731 participants on a voluntary basis while meeting the following
criteria-
■ Single family homes
■ All electric space heat and water heating
• Water heater age – less than 10 years old
■ Electric heating system age – less than 10 years old
■ Internet access to complete online survey
■ Exclude homes requiring uninterruptable power (e g , medical equipment)
■ Other criteria mutually agreed upon by BPA and the City
■ Small commercial customers for thermal storage room heater and water heater controllers
The City will encourage residential customers to participate in the pilot project by offering them an incentive
either a billing credit or a cash payment. It is anticipated a $10/month incentive for participation in the
project and an additional $10 incentive for each completed survey response is needed to gain adequate
customer interest. This will total $160/participant or a maximum compensation of $80,000 The baseline
control group will receive a $10 incentive for completing two surveys, one each at the onset and completion
of the pilot project, for a maximum compensation of $2,000. Additionally, the thermal storage room heater /
thermal storage water heater controller group will receive a $10 incentive for each of two surveys
completed, one at the onset and one at the completion of the project, for a total maximum compensation of
$620
5.3 TASK 3—DEMAND RESPONSE EQUIPMENT TESTING
Under this task, a total of 500 of the 8,900 City residential electric customers will be selected to receive a
separate water heater DR control unit to be installed at the same time as the AMI metering equipment
• A baseline control group will consist of 100 customers that do not receive DR equipment, but do receive a
new "smart" meter. In order to eliminate self-selection bias, an equipment control group will be selected out
of the 500 participants The control group's participants will still receive the DR equipment and will , ,, „
Cooperative Agreement No. 48475 – Modification No. 003 Page 18
therefore not know they are in the control group These participants will respond to the surveys and data
will be collected in the same manner as the other DR equipment participants Additional DR equipment that
can be used to control home heating, in addition to the water heating DR controls, will be installed in 100 •
participant homes, as shown in Table 5-1
Table 5-1 4p,
lfl v
- Equipment Testing Matrix
Participants in
Participants in Critical
Number of
Control Group
Peak Hour Group
Participants
(0 hours/day
(1 hour/day impact)
impact)
Baseline Control Group
100
100
0
no DR equipment)
Water Heater Only Group
500
30
370
Water Heater / HAN Group (Utility
90
10
80
Controlled
Water Heater / HAN Group
0
0
0
Customer Controlled
Water Heater / Thermal Storage
20
0
20
Room Heater Group
Thermal Storage Room Heater /
Thermal Storage Water Heater
20
0
20
Group
Thermal Storage Whole House
1
0
1
Furnace Group
TOTAL
731
140
491
Data will be collected over a full year, including the winter 2012/2013 and summer 2013.
5.4 TASK 4—ECONOMIC EVALUATION
The economic evaluation will look at the cost-effectiveness of DR from four perspectives, (1) BPA's
perspective, (2) the City's perspective, (3) the customer's perspective, and (4) the total resource cost (TRC)
perspective.
From BPA's perspective, the analysis will look at avoided transmission facilities upgrades, generation and
transmission peak demand savings, and extrapolations to large-scale, system -wide benefits
From the City's perspective, the analysis will account for avoided NCP generation demand charges and
coincident peak demand transmission charges, avoided distribution facilities upgrades, customer relations
and an opportunity to evaluate the cost-effectiveness of the DR pilot project.
From the customer's perspective the analysis will include reductions to their utility bills due to the wholesale
power supply cost savings, pilot project incentives and equipment costs
The total resource cost (TRC) test will also be applied to show whether or not this application is beneficial to
the region as a whole.
5.5 TASK 5—CUSTOMER ACCEPTANCE EVALUATION
This task includes the review of customer acceptance based on the survey results Survey results for the
500 participants with operating DR units will be compared against those 100 participants in the equipment
control groups to minimize any self-selection bias. The City will look at seasonal bias toward the DR units.
For example, the home heating curtailment will likely be more noticeable during the colder winter months
The survey will also address customer feedback on the incentives required to participate in a DR project
Each customer with DR equipment will receive a maximum of $160 for participating in this pilot project for
one year The customer evaluation will look at the project dropout rate and consumer responses to
questions on the project's incentives. _ 20
Cooperative Agreement No. 48475 – Modification No. 003 Page 19
is
6.0 PROJECT TIMELINE
• The project timeline is outlined on a quarterly basis in Table 6-1 according to BPA's fiscal calendar. The
timeline will be further refined during the planning and design phase after award execution.
7.0 MEASUREMENT AND VERIFICATION
The DR pilot project will be evaluated by calculating the baseline consumption (kW) for the period of
interest and compared to the two control groups The baseline control group of 100 participants will have a
"smart" meter and no DR equipment installed. For the formal evaluation of the technical and economic
merits of DR, a double blind study will occur where two volunteer groups will be formed The first group, the
participant group, will consist of 500 volunteers who will have their appliances remotely cycled by the utility
The actual consumption data will consist of kW consumed by customers in the participant group The
baseline consumption will be calculated using a forecast of average kW consumption using customers from
• the baseline control group. The forecasting model will estimate average customer use and apply the
average use to the number of customers in the participant group Independent variables will be included to
describe average customer use in the control group. Possible variables are- heating degree days,
appliance saturations, or monthly variables. Once the forecast model is developed, characteristics of the
control group (appliance saturations, home size, heating system type, etc) are used to estimate average
use for the customers in the participant group. Average use is multiplied by the number of customers in the
participant group to produce average baseline consumption. The result is a baseline consumption estimate
adjusted for the characteristics of the participant group. Weather variables will be included to normalize
consumption data when forecasting future savings Actual savings will be based on observed weather. It
should also be noted that weather variables would not change across the participant and control groups
since both groups experience the same weather during the period the pilot project is being conducted.
•
8.0 DELIVERABLES
The City will provide BPA with a refined plan and pilot project design within 30 days following the project's
award execution. This plan will contain more detailed milestones and a work schedule. However, Table 8-
1 provides a preliminary look at the City's deliverables for the pilot project. The City intends to operate the
DR pilot project through the summer of FY2013 and complete the evaluation of the results by the end of
FY2013.
Cooperative Agreement No. 48476 — Modification No. 003 Page 20
ALI
X.
7.0 MEASUREMENT AND VERIFICATION
The DR pilot project will be evaluated by calculating the baseline consumption (kW) for the period of
interest and compared to the two control groups The baseline control group of 100 participants will have a
"smart" meter and no DR equipment installed. For the formal evaluation of the technical and economic
merits of DR, a double blind study will occur where two volunteer groups will be formed The first group, the
participant group, will consist of 500 volunteers who will have their appliances remotely cycled by the utility
The actual consumption data will consist of kW consumed by customers in the participant group The
baseline consumption will be calculated using a forecast of average kW consumption using customers from
• the baseline control group. The forecasting model will estimate average customer use and apply the
average use to the number of customers in the participant group Independent variables will be included to
describe average customer use in the control group. Possible variables are- heating degree days,
appliance saturations, or monthly variables. Once the forecast model is developed, characteristics of the
control group (appliance saturations, home size, heating system type, etc) are used to estimate average
use for the customers in the participant group. Average use is multiplied by the number of customers in the
participant group to produce average baseline consumption. The result is a baseline consumption estimate
adjusted for the characteristics of the participant group. Weather variables will be included to normalize
consumption data when forecasting future savings Actual savings will be based on observed weather. It
should also be noted that weather variables would not change across the participant and control groups
since both groups experience the same weather during the period the pilot project is being conducted.
•
8.0 DELIVERABLES
The City will provide BPA with a refined plan and pilot project design within 30 days following the project's
award execution. This plan will contain more detailed milestones and a work schedule. However, Table 8-
1 provides a preliminary look at the City's deliverables for the pilot project. The City intends to operate the
DR pilot project through the summer of FY2013 and complete the evaluation of the results by the end of
FY2013.
Cooperative Agreement No. 48476 — Modification No. 003 Page 20
NI
it
TABLE3;8�=1 DELIVERABLES r q "
Milestones
Completion
Refined Plan & Design
March 2011
Status Reports
Quarterly, based on calendar quarters and
beginning with the quarter ending 12/31/2010.
Due within 30 days of the end of each calendar
quarter
Installation
December 31, 2012
Testing Begins
June 2012
Testing Ends
August 31, 2013
Economic Results
September 30, 2013
Customer Acceptance Results
September 30, 2013
'j-99
Cooperative Agreement No. 48475 — Modification No. 003 Page 21
16
•
•
UNIT 3 - BUDGET
Mod 002 Chanae Mod 003
•
Cooperative Agreement No. 48475 - Modification No. 003 Page 22
Total Proposed
Proposed
Total
Proposed
Proposed
Total
Proposed
Proposed
Cost Category
Project BPA
Cost
BPA
Project
BPA Cost
BPA
Project
BPA Cost
BPA
Costs ($) Share
(%)
Costs ($)
Costs ($)
Share (%)
Costs ($)
Costs ($)
Share (%)
Costs ($)
74, 310
0
74,310
B. Fein a Benefits'iL
a;
;»
22,290
0
22,290
. Tra"vel-3-*&Li
73
>.
` ` .£`411
8,570
0%
$0
0
0%
$0
8,570
0%
$0
D. Equipment�and�I,��stallaton
"`"` � ,` :
Equipment
267,065
58%
$155,227
14,687
38%
$116,975
$281,752
97%
$272,202
AA v '° N AAs\.
Installation
135,205
50%
$67,603
0
-50%
-$67,603
135,205
0%
$0
E., Su�aplies(non-diablegoiidsl,,\
\;
=
-<
\. : ,
,,,
»`
2,500
0%
$0
0%
$0
2,500
0%
$0
FCaritractualW
80,560
100%
$80,560
0
-84%
-$67,725
80,560
16%
$12,835
�V. OtI?Dfre(it�VQ.�I.:.,
\
kk-
See Other Direct Cost Detail
122,620
100%
$122,620
0
-70%
-$85,485
122,620
30%
$37,135"
Total Direct Costs
713,120
$426,010
14,687''
$103,838
727,807
F` $322,172
;H.- Indirect Costs\
Ar,,,,Total
`
s✓
w
0
0
0
Indirect Costs
;O
$0
0
$0
0
$0
Total Costs
713,120
$426,010
14,687
-$103,838
727,807
44%
$322,172
Cooperative Agreement No. 48475 - Modification No. 003 Page 22
70RT
Date: August 21, 2012
To: City Council
VGELES
From: Glenn A. Cutler, P.E., Director of Public Works & Utilities
Subject: Department of Ecology FY 2011 Stormwater and Low Impact Development
Grant Acceptance
Summary: In May 2012, the Department of Ecology offered the City a Stormwater Retrofit and Low
Impact Development grant in an amount of up to $1,000,000 for the 4th Street Stormwater Improvement
Project, DR03-2009. The offer was a result of a legislative provision in the State's 2012 Supplemental
Capital Budget.
Recommendation: Approve and authorize the City Manager to sign the grant agreement with
the Department of Ecology under the FY2011 Stormwater Grant Program in the amount of up to
$1,000,000, and to make minor modifications to the grant agreement, if necessary.
Background/Analysis: The original 4th Street Stormwater Improvement Project, DR03-2009,
was used to control flooding in an established Port Angeles neighborhood. Design was initiated in
2010 using PACE Engineers. The original design concept included concentrated Low Impact
Development (LID) features and other stormwater retrofits largely designed for flood control. The
concepts that were developed were met by resistance from the 4th and H neighborhood due to a
number of concerns. Additionally, because it was predominantly a flood control design, it was not
competitive for a Stormwater Retrofit and LID grant.
In May 2012, the Department of Ecology notified the City that it would be eligible for a
Stormwater Retrofit and LID grant in an amount of up to $1,000,000. The offer was a result of a
legislative provision in the State's 2012 Supplemental Capital Budget. This grant is restricted to
water quality improvements to stormwater systems by using green infrastructure retrofits as
opposed to the larger pipes or an outfall.
Since the grant notification, City Staff and PACE have worked on a new concept that focuses on
meeting the green infrastructure/LID objectives of the grant and that responds to concerns that
were expressed by residents. The raingardens will no longer be concentrated, but rather dispersed
in or near street intersections, so as to minimize impacts to parking and access, and to also provide
traffic calming benefits. This new concept has been presented to the Department of Ecology and it
has been determined that it does meet the requirements of the grant. Staff and Ecology have
J -24
N:\CCOUNCIL\FINAL\DOE 2011 Stormwater Retrofit and LID Grant Acceptance docx
0
•
•
August 21, 2012 City Council
Re: DOE 2011 Stormwater Retrofit and LID Grant Acceptance.docx
• Page 2
negotiated a final funding agreement based on the grant criteria and on a modification of the
project design.
While the new concept is focused on meeting the grant's green infrastructure intent, it will have a
complimentary benefit of reducing or alleviating the flooding risk to that area by detaining water
from storms. In addition, the project is including separate funding for some limited additional
flood mitigation improvements. It is noted that the PACE design contract will need to be amended
in order to go to full design for the new concept.
Grant -eligible project costs may be incurred beginning May 1, 2012. The grant requires matching
funds from the City equal to at least 25% of the eligible project cost. To utilize the entire potential
grant amount the City must contribute $333,333.33 for the design and construction of the bio -
retention raingardens. No in-kind match is allowed. The match funding of $333,333 and
additional funding for flood mitigation in the amount of $108,500 is available from existing CFP
stormwater project balances in the Stormwater fund.
At the August 14 meeting, the Utility Advisory Committee recommended that the City Council
accept the grant offer. After discussion with the UAC, staff has begun its effort to reach out to
neighborhood residents to solicit their feedback and advice on the new concept. The current
expectation is to continue individual contacts for the next few weeks to refine the concept further.
Larger group public events will follow this. When City staff has a consensus of acceptable
• refinements, we will be working with PACE to propose an amendment to their professional
services agreement in order to go to full design. Staff expects to bring the final concept and
amendment for full design to Council for their approval sometime in the October timeframe in
order to proceed.
It is recommended that the City Council approve and authorize the City Manager to sign the grant
agreement with the Department of Ecology under the FY2011 Stormwater Grant Program in the
amount of up to $1,000,000, and to make minor modifications to the grant agreement, if necessary.
Attachment: Grant Agreement
C7
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FY 2011 STORMWATER RETROFIT & LID GRANT PROGRAM -PROVISO
FUNDING AGREEMENT
BETWEEN
THE STATE OF WASHINGTON DEPARTMENT OF ECOLOGY
AND
CITY OF PORT ANGELES
GRANT AGREEMENT NUMBER
SW1200513
4TH STREET STORMWATER PROJECT
TABLE OF CONTENTS •
PART I. GENERAL INFORMATION.......................................................................................... 1
PART II. PROJECT SUMMARY.................................................................................................. 3
PART III. PROJECT BUDGET..................................................................................................... 3
PART IV. PROJECT GOALS AND OUTCOMES....................................................................... 4
PART V. SCOPE OF WORK......................................................................................................... 4
PART VI. SPECIAL TERMS AND CONDITIONS...................................................................... 8
PART VII. ALL WRITINGS CONTAINED HEREIN.................................................................. 9
ATTACHMENT I: GENERAL PROJECT MANAGEMENT REQUIREMENTS FOR THE FY
2012 STORMWATER GRANT PROGRAM.............................................................................. 10
ARCHEOLOGICAL AND CULTURAL RESOURCES.........................................................................................................10
EDUCATIONAND OUTREACH.....................................................................................................................................10
FUNDINGRECOGNITION............................................................................................................................................11
INCREASEDOVERSIGHT.............................................................................................................................................1
I
INDIRECTRATE.....................................................................................................................................................11
MATCHINGREQUIREMENTS......................................................................................................................................11
MINORITY AND WOMEN'S BUSINESS PARTICIPATION...............................................................................................11
PAYMENTREQUEST SUBMITTALS..............................................................................................................................12
POSTPROJECT ASSESSMENT......................................................................................................................................13
PROCUREMENT..........................................................................................................................................................13 •
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•
PROGRESSREPORTS..................................................................................................................................................13
REQUIRED DOCUMENT SUBMITTALS.........................................................................................................................13
ATTACHMENT 11: GENERAL TERMS AND CONDITIONS PERTAINING TO GRANT
AND LOAN AGREEMENTS OF THE DEPARTMENT OF ECOLOGY ................................. 15
A. RECIPIENT PERFORMANCE...........................................................................................................................15
B. SUBGRANTEEXONTRACTOR COMPLIANCE.............................................................................................15
C. THIRD PARTY BENEFICIARY.........................................................................................................................15
D. CONTRACTING FOR SERVICES (BIDDING).................................................................................................15
E. ASSIGNMENTS..................................................................................................................................................15
F. COMPLIANCE WITH ALL LAWS.....................................................................................................................15
G. KICKBACKS.......................................................................................................................................................16
H. AUDITS AND INSPECTIONS...........................................................................................................................16
I. PERFORMANCE REPORTING...........................................................................................................................16
J. COMPENSATION................................................................................................................................................17
K. TERMINATION..................................................................................................................................................18
L. WAIVER..............................................................................................................................................................18
M. PROPERTY RIGHTS.........................................................................................................................................18
N. SUSTAINABLE PRODUCTS.............................................................................................................................19
O. RECOVERY OF PAYMENTS TO RECIPIENT.................................................................................................20
P. PROJECT APPROVAL........................................................................................................................................20
Q. DISPUTES...........................................................................................................................................................20
R. CONFLICT OF INTEREST.................................................................................................................................21
S. INDEMNIFICATION..........................................................................................................................................21
T. GOVERNING LAW............................................................................................................................................21
U. SEVERABILITY.................................................................................................................................................21
V. PRECEDENCE....................................................................................................................................................21
ii
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FY 2011 STORMWATER RETROFIT & LID—PROVISO
Funding Agreement
Between
THE STATE OF WASHINGTON DEPARTMENT OF ECOLOGY
AND
CITY OF PORT ANGELES
THIS is a binding agreement between the state of Washington Department of Ecology
(DEPARTMENT) and the City of Port Angeles (RECIPIENT). The purpose of this agreement is
to provide funds to the RECIPIENT, who will carry out the requirements described in this
agreement.
PART I. GENERAL INFORMATION
Project Title:
4t" Street Stormwater Project
Grant Number:
G1200513
State Fiscal Year:
FY 2012
Total Project Cost:
$1,448,178
Total Eligible Cost:
$1,333,334
DEPARTMENT Share:
$1,000,000
RECIPIENT Share:
$333,334 is
DEPARTMENT Maximum Percentage:
75%
RECIPIENT Information
RECIPIENT Name: City of Port Angeles
Mailing Address: 321 East Fifth Street
Port Angeles, WA 98362
Fax Number: 360-417-4509
Federal Taxpayer ID Number: 91-6001266
PROJECT Manager:
John Boehme
Email Address:
jboehme a,cityofpa.us
Phone Number:
360-417-4811
PROJECT Financial Officer:
John Boehme
Email Address:
jboehme�a.cityofpa.us
Phone Number:
360-417-4811
•
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•
DEPARTMENT Contact Information
Project Manager:
Email Address:
Phone Number:
Project Engineer:
Email Address:
Phone Number:
Address:
❑ Northwest
WA State Department of Ecology
Northwest Regional Office
3190 160th Ave SE
Bellevue, WA 98008-5452
Fax (425) 649-7098
® Southwest
WA State Department of Ecology
Southwest Regional Office
P.O. Box 47775
Olympia, WA 98504-7775
Fax (360) 407-6305
❑ Bellingham
WA State Department of Ecology
Bellingham Field Office
1440 10th Street, Suite 102
Bellingham, WA 98225
Fax (360) 715-5225
Financial Manager:
Deborah Cornett
deborah.cornettnecy.wa.gov
360-407-7269
Dan Gariepy, P.E.
dan.gariepy(a),ecy.wa. og_v
360-407-6470
❑ Central
WA State Department of Ecology
Central Regional Office
15 West Yakima Ave, Suite 200
Yakima, WA 98902-3452
Fax (509) 575-2809
❑ Eastern
WA State Department of Ecology
Eastern Regional Office
N. 4601 Monroe
Spokane, WA 99205-1295
Fax (509) 329-3570
❑ Headquarters
WA State Department of Ecology
P.O. Box 47600
Olympia, WA 98504-7600
Fax (360) 407-6426
Jennifer Holderman
Email Address:
jennifer.holderman2,ecy.wa•gov
Phone Number:
360-407-7196
Fax Number:
360-407-7151
Address:
WA State Department of Ecology
Water Quality Program, FMS
P.O. Box 47600
Olympia, WA 98504-7600
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CHECK ALL THAT APPLY: 0
• FY 2011 Stormwater Retrofit & LID Grant Funds—Proviso (state funds): ® Yes Amount:
$1,000,000
Funded with Local Toxics Control Account – State
• Prior Authorization Granted: ® Yes If yes, Effective Date: May 1, 2012
• Increased Oversight? ❑ Yes ® No
The effective date of this agreement is the Prior Authorization date.
This agreement expires: December 31, 2014.
Post Project Assessment date – three years after the expiration date of the agreement (see Post
Project Assessment in Attachment I): December 31, 2017
PART II. PROJECT SUMMARY
This project will address water quality for the state of Washington. This stormwater retrofit
project will improve quality of residential urban stormwater runoff prior to discharge at Port
Angeles Harbor, a 303(d) listed water body. Treatment methods include raingardens, dispersed
throughout the Crown Park neighborhood. These raingardens will serve as a demonstration of
water quality benefits for future City projects. 0
PART III. PROJECT BUDGET
4 t Street Stormwater Project
TASKS/OBJECTS
TOTAL
PROJECT
COST
**TOTAL
ELIGIBLE
COST (TEC)
1 - Project Administration/Management
$35,000
$35,000
2 - Design Plans and Specifications
$453,953
$192,544
3 - Construction Management
$65,000
$60,000
4 - Construction
$1,100,789
$1,045,789
Total
$1,654,742
$1,333,333
** The DEPARTMENT's Fiscal Office will track to the Total Eligible Cost.
•
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•
MATCHING REQUIREMENTS
DEPARTMENT Share: maximum 75% of TEC
$1,000,000
RECIPIENT Share: minimum 25% of TEC
Cash $333,334
$333,333
Other types of in-kind, such as volunteer work are not eligible
PART IV. PROJECT GOALS AND OUTCOMES
A. Financial Assistance Water Quality ject Goals: The overall goals of this project are
focused on the protection of Port Angeles Harbor and include one or more of the
following:
❑ Stormwater System Retrofit
® Low Impact Development Best Management Practices (BMP)
❑ Designated beneficial uses will be restored or protected, 303(d) -Listed water bodies
restored to water quality standards, healthy waters prevented from being degraded.
B. Water Quality and Environmental Outcomes: The following are the anticipated water
quality and environmental improvements from the project.
1. Remove pollutants through LID installation of raingardens.
C. Performance Items and Deliverables: The following are the anticipated action items that
will play an integral role in implementation of the project.
1. Install neighborhood rain gardens in the Crown Park area in City of Port Angeles.
PART V. SCOPE OF WORK
Task 1 - Proiect Administration/Mannement
A. The RECIPIENT will administer the project. Responsibilities will include, but not be
limited to: maintenance of project records; submittal of payment vouchers, fiscal forms,
and progress reports; compliance with applicable procurement, contracting, and interlocal
agreement requirements; application for, receipt of, and compliance with all required
permits, licenses, easements, or property rights necessary for the project; and submittal of
required performance items.
B. The RECIPIENT must manage the project. Efforts will include: conducting,
coordinating, and scheduling project activities and assuring quality control. Every effort
will be made to maintain effective communication with the RECIPIENT's designees; the
DEPARTMENT; all affected local, state, or federal jurisdictions; and any interested
individuals or groups. The RECIPIENT must carry out this project in accordance with
• any completion dates outlined in this agreement.
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C. The RECIPIENT must ensure this project is completed according to the details of this
agreement. The RECIPIENT may elect to use its own forces or it may contract for
professional services necessary to perform and complete project -related work.
Required Performance:
1. Effective administration and management of this grant project.
2. Timely submittal of all required performance items, progress reports, and
financial vouchers.
3. Submit at least three hard copies and one electronic copy of the final project
report after a draft has been approved by the DEPARTMENT.
4. Write and submit a one to two page summary of project accomplishments and
outcomes at project completion, including pictures, to be published in the
DEPARTMENT's Annual Water Quality Financial Assistance Report following
the DEPARMENT's water quality stories format.
Task 2 — Design Plans and Specifications
A. The RECIPIENT will submit to the DEPARTMENT's Project Manager, a copy of the
State Environmental Review Act (SEPA) Lead Agency's signed and dated SEPA
determination.
B. During the planning and design stage and prior to any ground disturbing activities, the
RECIPIENT will submit to the DEPARTMENT's Project Manager one of the following: is
a. If Cultural Resources Review (Executive Order 05-05) is complete, a copy of the
letter of concurrence from the Department of Archaeology and Historic
Preservation (DAHP) and correspondence from any tribes.
b. If Cultural Resources Review (Executive Order 05-05) is not complete, the
RECIPIENT will submit a DAHP EZ -1 form to the DEPARTMENT's Project
Manager to initiate review of project activities by DAHP and tribal governments.
C. The RECIPIENT will submit two hard copies and one digital copy of the Pre -design
report to the DEPARTMENT for review. At its discretion, the DEPARTMENT may
request 60 percent complete design plans for review. Based on receipt of the Pre -design
report or the 60 percent complete design plans, the DEPARTMENT will provide
comments to the RECIPIENT within 45 days of receipt of the plans.
D. Prior to advertising for contractor bids, the RECIPIENT will submit two hard copies and
one digital copy of the final plans and specifications to the DEPARTMENT's Project
Manager for review. The DEPARTMENT will provide comments to the RECIPIENT
within 45 days of receipt of the plans. The DEPARTMENT's Project Manager will work
with the DEPARTMENT's engineer to review the plans and specifications for
consistency with the appropriate design criteria and grant requirements. The
RECIPIENT must justify significant deviations from the following:
•
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• 1. The appropriate guidance manual below depends on the region that your project is
conducted:
Stormwater Management Manual for Western Washington (SWMMWW),
or the
Stormwater Management Manual for Eastern Washington (SWMMEW),
both can be found at:
http://www.ecy.wa.�zov/proizrams/wq/stormwater/tech.html, or the
Low Impact Development Technical Guidance Manual for Puget Sound
found at: http://www.psp.wa.gov/downloads/LID/LID manua12005.pdf, or
equivalent design manuals, or
2. Equivalent manual as developed by the local jurisdiction and approved by the
DEPARTMENT.
3. Good engineering practices and generally recognized engineering standards.
4. The project pre -design report.
E. The plans, specifications, construction contract documents, and addenda must be
approved by the RECIPIENT prior to submittal to the DEPARTMENT.
F. The RECIPIENT will prepare and submit a projected construction schedule to the
DEPARTMENT.
G. The RECIPIENT will submit to the DEPARTMENT a current, updated construction cost
. estimate and updated project schedule, along with each plans and specifications
submittal.
•
H. The RECIPIENT will submit all pre -design figures and construction plans to the
DEPARTMENT, reduced to 11" x 17" in size. The RECIPIENT may bind them with the
specifications or related construction contract documents or bound as a separate
document. All reduced drawings must be legible.
The RECIPIENT will develop and submit an operations and maintenance plan for the
stormwater treatment and low impact development (LID) features. The operation and
maintenance plan will describe how the RECIPIENT will ensure project success
consistent with the design manual used. The operation and maintenance plan must also
address long term activities to assure ongoing pollutant removal and flow -control
capability of the project. (See the Stormwater Management Manual for Western
Washington Volume 5, Section 4.6.)
Required Performance:
1. Submit a copy of the signed and dated SEPA determination to the
DEPARTMENT.
2. Submit a copy of either: 1) Letter of Concurrence from DAHP; or, 2) the DAHP
EZ -1 form, for DEPARTMENT coordination on compliance with Executive
Order 05-05.
3. Submit a Pre -design report to the DEPARTMENT.
6
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4. Submit final plans and specifications to the DEPARTMENT, which include the is
DEPARTMENT's Bid Specification Clauses Inserts, found at:
http://www.ecy.wa. gov/programs/wq/funding,/GrantLoanMgmtDocs/En g, /GrantLo
anM mtEngRes.html
5. Submit a final planting plan, primarily using native species.
Task 3 — Construction Management
A. The RECIPIENT will provide construction oversight and management of the project.
B. The RECIPIENT will submit a detailed construction quality assurance plan to the
DEPARTMENT before the start of construction. This plan must describe how adequate
and competent construction oversight will be performed.
C. The RECIPIENT will submit a construction schedule to the DEPARTMENT within 30
days of the start of construction. The construction schedule will be revised and/or
updated whenever major changes occur and at a minimum of every three months. The
RECIPIENT will submit the construction schedule to the DEPARTMENT with the
quarterly report. When changes in the construction schedule affect previous cash flow
estimates, revised cash flow projections must also be submitted to the DEPARTMENT.
D. Prior to execution, the RECIPIENT will submit eligible change orders that are a
significant deviation from the DEPARTMENT reviewed plans and specifications in
writing for DEPARTMENT review and approval for payment. All other change orders
must be approved by the DEPARTMENT for technical merit and should be submitted
within 30 days after execution. Change orders are to be signed by the contractor, 'the
engineer (if appropriate), and the RECIPIENT prior to submittal to the DEPARTMENT
for approval.
E. Upon completion of construction, the RECIPIENT will provide to the DEPARTMENT's
Project Manager a Stormwater Construction Completion Form signed by a professional
engineer, indicating that the project was completed in accordance with the plans and
specifications and major change orders approved by the DEPARTMENT's Project
Engineer and shown on the Record Drawings. The Stormwater Construction Completion
form can be found at:
http://www.ecy wa. =ov/pro hams/wq/funding/GrantLoanMgmtDocs/Ene/GrantLoanMamtEnlzRes.html
Required Performance:
1. Submit the project construction quality assurance plan to the DEPARTMENT.
2. Submit the construction schedule to the DEPARTMENT.
3. Submit the signed and dated Declaration of Construction Completion Form to the
DEPARTMENT.
•
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• Task 4 — Construction
•
A. The RECIPIENT will construct, in accordance with the reviewed plans and
specifications, a series of rain gardens.
B. The RECIPIENT will submit to the DEPARTMENT's Project Manager a copy of the
construction contract within 30 days of execution.
Required Performance:
1. Submit a copy of the bid documents (e.g. bid announcement, bid award, bid
tabulations) to the DEPARTMENT.
2. Submit a copy of the construction contract to the DEPARTMENT.
3. Install the neighborhood rain gardens as per the design specifications.
PART VI. SPECIAL TERMS AND CONDITIONS
A. Adjusted Construction Budget. The construction budget, as reflected in the agreement,
will be adjusted once actual construction bids are received.
If the low responsive responsible construction bid(s) exceed the engineer's estimate of
construction costs, the DEPARTMENT may approve, if funding is available and through
formal amendment to this agreement, funding increases for up to ten percent of the
engineer's original estimate.
If the low responsive responsible construction bid(s) come in lower than the engineer's
estimate of construction costs, the DEPARTMENT may reduce the grant amount.
B. Change Orders. If funding is available, the DEPARTMENT may approve, through
formal amendment to this agreement, funding for change orders for up to five percent of
the eligible portion of the low responsive responsible construction bid(s).
C. Documents for Review. The plans, specifications, construction contract documents, and
addenda must be approved by the RECIPIENT prior to submittal for DEPARTMENT
review.
D. Failure to Commence Work. In the event the RECIPIENT fails to commence work on the
project within four months of the signatory date, the DEPARTMENT reserves the right to
terminate this agreement.
E. Use of Force Account. In the event the RECIPIENT elects to use its own forces to
accomplish eligible project work, the RECIPIENT acknowledges that it has the legal
authority to perform the work and adequate and technically qualified staff to perform the
work without compromising other government functions. The RECIPIENT must track
and report the force account work submitted to the DEPARTMENT for reimbursement.
J-35
PART VII. ALL WRITINGS CONTAINED HEREIN
The following contain the entire understanding between the parties, and there are no other
understandings or representations other than as set forth, or incorporated by reference, herein:
• This agreement.
• Attachment I: General Project Management Requirements.
• Attachment II: General Terms and Conditions.
• The effective edition, at the signing of this agreement, of the DEPARTMENT's
"Administrative Requirements for Ecology Grants and Loans" (Yellow Book).
• The associated funding guidelines that correspond to the fiscal year in which the project is
funded.
• The applicable statutes and regulations.
No subsequent modifications or amendments of this agreement will be of any force or effect
unless signed by authorized representatives of the RECIPIENT and the DEPARTMENT and
made a part of this agreement, EXCEPT that in response to a request from the RECIPIENT, the
DEPARTMENT may redistribute the grant budget. The DEPARTMENT or the RECIPIENT
may change their respective staff contacts without the concurrence of either party.
The RECIPIENT acknowledges that they have had the opportunity to thoroughly review the
terms of this agreement, the attachments, all incorporated or referenced documents, as well as all
applicable statutes, rules, and guidelines mentioned in this agreement.
IN WITNESS WHEREOF, the parties hereby sign this agreement:
STATE OF WASHINGTON CITY OF PORT ANGELES
DEPARTMENT OF ECOLOGY
KELLY SUSEWIND, P.E., P.G. DATE DAN MCKEEN DATE
WATER QUALITY PROGRAM MANAGER CITY MANAGER
Approved As To Form:
Office of the Attorney General
9
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•
. ATTACHMENT I: GENERAL PROJECT MANAGEMENT REQUIREMENTS FOR
THE FY 2012 STORMWATER GRANT PROGRAM
ARCHEOLOGICAL AND CULTURAL RESOURCES
The RECIPIENT must comply with all requirements listed in Executive Order 05-05 prior to
implementing any project that involves ground disturbing activities.
The RECIPIENT must conduct and submit a cultural resources survey or complete and submit an
EZ -1 Form to the DEPARTMENT's project manager prior to any ground disturbing activities.
The DEPARTMENT will contact the Department of Archaeology and Historic Preservation
(DAHP) and affected tribes regarding the proposed project activities in order to fulfill Executive
Order 05-05 requirements. Any prior communication between the RECIPIENT, the DAHP, and
the tribes is not sufficient to meet requirements. Any mitigation measures as an outcome of this
process will be requirements of this agreement.
Another agency's cultural resources review must have prior approval from the DEPARTMENT
in order to be adopted to meet Executive Order 05-05 requirements for the project.
Any ground disturbing activities that occur prior to the completion of the Executive Order 05-05
process will not be eligible for reimbursement. Activities associated with cultural resources
review are grant eligible and reimbursable.
. http://www.dahp.wa.gov/lzovemors-executive-order-05-05
0
EDUCATION AND OUTREACH
Before producing any new materials for the purpose of education and outreach the RECIPIENT
must make sure similar materials do not already exist elsewhere. If similar materials exist, the
RECIPIENT must request the use of the materials before time and resources are invested to
duplicate materials that are already available.
The RECIPIENT must provide the DEPARTMENT up to two copies and an electronic copy on
CD-ROM of any tangible educational products developed under this grant, such as brochures,
manuals, pamphlets, videos, audio tapes, CDs, curriculum, posters, media announcements or
gadgets, such as a refrigerator magnet with a message. If this is not practical, the RECIPIENT
must provide a complete description including photographs or printouts of the product.
The RECIPIENT must also supply the DEPARTMENT with the names and contact information
of local project leads.
If there are a significant number of people in the community that speak languages other than
English, the RECIPIENT must produce all pamphlets, fliers, meeting notices, reports, and other
educational and public outreach materials in English and in the other prevalent language.
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FUNDING RECOGNITION 0
The RECIPIENT must inform the public about DEPARTMENT or the Environmental Protection
Agency (EPA) funding participation in this project through the use of project signs,
acknowledgement in published materials, reports, the news media, or other public
announcements. Projects addressing site-specific locations must utilize appropriately sized and
weather -resistant signs. Sign logos are available from the DEPARTMENT upon request.
INCREASED OVERSIGHT
If this project is selected for increased oversight (as indicated on page 3 of this agreement), the
RECIPIENT must submit all backup documentation with each payment request submittal. In
addition, the DEPARTMENT's Project Manager must establish a schedule for additional site
visits to provide technical assistance to the RECIPIENT and verify progress or payment
information.
INDIRECT RATE
To acknowledge overhead costs, the RECIPIENT may charge an indirect rate of up to 25 percent
based on employees' direct salary and benefit costs incurred while conducting project -related
work. The DEPARTMENT's Financial Manager may require a list of items included in the
indirect rate at any time.
MATCHING REQUIREMENTS
Cash Match Requirement. FY 2011 Stormwater Retrofit and LID Competitive grants and FY
2012 Statewide Stormwater Grant Program require cash match only.
Interlocal Match Requirement. The RECIPIENT certifies by signing this agreement that all
negotiated interlocal agreements are consistent with all of the following:
• Terms of this grant agreement.
• The edition of "Administrative Requirements for Ecology Grants and Loans" that is
effective at the signing of this agreement.
• Chapter 39.34 RCW Interlocal Cooperation Act.
MINORITY AND WOMEN'S BUSINESS PARTICIPATION
The RECIPIENT agrees to solicit and recruit, to the extent possible, certified minority-owned
(MBE) and women -owned (WBE) businesses in purchases and contracts initiated after the
effective date of this agreement.
Contract awards or rejections cannot be made based on MBE or WBE participation. M/WBE
participation is encouraged, however, and the RECIPIENT and all prospective bidders or persons
submitting qualifications should take the following steps, when possible, in any procurement
initiated after the effective date of this agreement:
a) Include qualified minority and women's businesses on solicitation lists. •
11
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b) Assure that qualified minority and women's businesses are solicited whenever they are
potential sources of services or supplies.
c) Divide the total requirements, when economically feasible, into smaller tasks or
quantities, to permit maximum participation by qualified minority and women's
businesses.
d) Establish delivery schedules, where work requirements permit, which will encourage
participation of qualified minority and women's businesses.
e) Use the services and assistance of the State Office of Minority and Women's Business
Enterprises (OMWBE) and the Office of Minority Business Enterprises of the U.S.
Department of Commerce, as appropriate.
The RECIPIENT must report to the DEPARTMENT at the time of submitting each invoice, on
forms provided by the DEPARTMENT (Form D), payments made to qualified firms. Please
include the following information:
a) Name and state OMWBE certification number (if available) of any qualified firm
receiving funds under the invoice, including any sub -and/or sub -subcontractors.
b) The total dollar amount paid to qualified firms under this invoice.
PAYMENT REQUEST SUBMITTALS
• Frequency. The RECIPIENT must submit payment requests at least quarterly but no more often
than monthly, unless allowed by the DEPARTMENT's Financial Manager. The
DEPARTMENT's Financial Manager may require the RECIPIENT to submit regular payment
requests to ensure efficient and timely use of funds.
C7
Supporting Documentation. The RECIPIENT must submit all payment request vouchers and
supportive documentation to the DEPARTMENT's Financial Manager. Payment request
voucher submittals are based on match requirements found in the budget.
Required Forms.
Anv Match Combination
Form A19 -1A (original signature)
Form B1 (ECY 060-3)
Form C 1 (ECY 060-8)
Foran D (ECY 060-11)
Cash Only Match
Form A19 -1A (original signature)
Foran B2 (ECY 060-7)
Form C2 (ECY 060-9)
Form D (ECY 060-11)
Where Annlicable
Form E (ECY 060-12)
Form F (ECY 060-13)
Form H (F-21)
Form I (ECY 060-15)
Reporting eligible costs. The RECIPIENT must report all eligible costs incurred on the project,
regardless of the source of funding for those costs. This includes costs used as match. All
eligible and ineligible project costs must be separate and identifiable.
Reimbursements. Payments will be made on a cost -reimbursable basis.
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POST PROJECT ASSESSMENT 0
The RECIPIENT agrees to submit a brief survey regarding the key project results or water
quality project outcomes and the status of long-term environmental results or goals from the
project three years after project completion.
The DEPARTMENT's Water Quality Program Performance Measures Lead will contact the
RECIPIENT before the Post Project Assessment date to request this data.
The DEPARTMENT may also conduct site interviews and inspections, and may otherwise
evaluate the Project, as part of this assessment.
PROCUREMENT
The RECIPIENT certifies by signing this agreement that all applicable requirements have been
satisfied in the procurement of any professional services.
PROGRESS REPORTS
The RECIPIENT must submit quarterly progress reports to the DEPARTMENT's Financial
Manager and Project Manager. Payment requests will not be processed without a progress
report.
Reporting Periods.
• January 1 through March 31
• April 1 through June 30
• July 1 through September 30
• October 1 through December 31
Reporting Due Date. Quarterly progress reports are due 15 days following the end of the quarter.
Report Content. At a minimum, all progress reports must contain a comparison of actual
accomplishments to the objectives established for the period, the reasons for delay if established
objectives were not met, analysis and explanation of any cost overruns, and any additional
pertinent information specified in this agreement.
REQUIRED DOCUMENT SUBMITTALS
The RECIPIENT must submit the following documents to the DEPARTMENT as requested by
the DEPARTMENT's Project Manager or Financial Manager:
• Draft project completion reports — one copy
• Electronic copy of final project completion report — one copy
• Final project completion reports — up to three copies
• Final project completion reports of statewide significance — up to 50 copies
• Educational products developed under this agreement — up to two copies
•
13
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• • Documents that require DEPARTMENT Approval — two copies (one for the
DEPARTMENT and one for the RECIPIENT)
• Interlocal agreements — one copy for the DEPARTMENT's Financial Manager
• Professional services procurement agreements — 1 copy to the DEPARTMENT's
Financial Manager
•
•
14
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ATTACHMENT II: GENERAL TERMS AND CONDITIONS PERTAINING TO
GRANT AND LOAN AGREEMENTS OF THE DEPARTMENT OF ECOLOGY
A. RECIPIENT PERFORMANCE
All activities for which grant/loan funds are to be used shall be accomplished by the RECIPIENT
and RECIPIENT's employees. The RECIPIENT shall only use contractor/consultant assistance if
that has been included in the agreement's final scope of work and budget.
B. SUBGRANTEE/CONTRACTOR COMPLIANCE
The RECIPIENT must ensure that all subgrantees and contractors comply with the terms and
conditions of this agreement.
C. THIRD PARTY BENEFICIARY
The RECIPIENT shall ensure that in all subcontracts entered into by the RECIPIENT pursuant to
this agreement, the state of Washington is named as an express third -party beneficiary of such
subcontracts with full rights as such.
D. CONTRACTING FOR SERVICES (BIDDING)
Contracts for construction, purchase of equipment and professional architectural and engineering
services shall be awarded through a competitive process, if required by State law. RECIPIENT
shall retain copies of all bids received and contracts awarded, for inspection and use by the
DEPARTMENT. •
E. ASSIGNMENTS
No right or claim of the RECIPIENT arising under this agreement shall be transferred or
assigned by the RECIPIENT.
F. COMPLIANCE WITH ALL LAWS
1. The RECIPIENT shall comply fully with all applicable Federal, State and local laws, orders,
regulations and permits. Prior to commencement of any construction, the RECIPIENT shall
secure the necessary approvals and permits required by authorities having jurisdiction over
the project, provide assurance to the DEPARTMENT that all approvals and permits have
been secured, and make copies available to the DEPARTMENT upon request.
2. Discrimination. The DEPARTMENT and the RECIPIENT agree to be bound by all Federal
and State laws, regulations, and policies against discrimination. The RECIPIENT further
agrees to affirmatively support the program of the Office of Minority and Women's Business
Enterprises to the maximum extent possible. If the agreement is federally -funded, the
RECIPIENT shall report to the DEPARTMENT the percent of grant/loan funds available to
women or minority owned businesses.
3. Wages and Job Safety. The RECIPIENT agrees to comply with all applicable laws,
regulations, and policies of the United States and the state of Washington which affect wages
and job safety.
•
15
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• 4. Industrial Insurance. The RECIPIENT certifies full compliance with all applicable state
industrial insurance requirements. If the RECIPIENT fails to comply with such laws, the
DEPARTMENT shall have the right to immediately terminate this agreement for cause as
provided in Section K.1, herein.
G. KICKBACKS
The RECIPIENT is prohibited from inducing by any means any person employed or otherwise
involved in this project to give up any part of the compensation to which he/she is otherwise
entitled or, receive any fee, commission or gift in return for award of a subcontract hereunder.
H. AUDITS AND INSPECTIONS
1. The RECIPIENT shall maintain complete program and financial records relating to this
agreement. Such records shall clearly indicate total receipts and expenditures by fund source
and task or object. All grant/loan records shall be kept in a manner which provides an audit
trail for all expenditures. All records shall be kept in a common file to facilitate audits and
inspections.
Engineering documentation and field inspection reports of all construction work
accomplished under this agreement shall be maintained by the RECIPIENT.
2. All grant/loan records shall be open for audit or inspection by the DEPARTMENT or by any
duly authorized audit representative of the state of Washington for a period of at least three
years after the final grant payment/loan repayment or any dispute resolution hereunder. If any
• such audits identify discrepancies in the financial records, the RECIPIENT shall provide
clarification and/or make adjustments accordingly.
3. All work performed under this agreement and any equipment purchased, shall be made
available to the DEPARTMENT and to any authorized state, federal or local representative
for inspection at any time during the course of this agreement and for at least three years
following grant/loan termination or dispute resolution hereunder.
4. RECIPIENT shall meet the provisions in OMB Circular A-133 (Audits of States, Local
Governments & Non Profit Organizations), including the compliance Supplement to OMB
Circular A-133, if the RECIPIENT expends $500,000 or more in a year in Federal funds. The
$500,000 threshold for each year is a cumulative total of all federal funding from all sources.
The RECIPIENT must forward a copy of the audit along with the RECIPIENT'S response
and the final corrective action plan to the DEPARTMENT within 90 days of the date of the
audit report.
I. PERFORMANCE REPORTING
The RECIPIENT shall submit progress reports to the DEPARTMENT with each payment
request or such other schedule as set forth in the Special Conditions. The RECIPIENT shall also
report in writing to the DEPARTMENT any problems, delays or adverse conditions which will
materially affect their ability to meet project objectives or time schedules. This disclosure shall
be accompanied by a statement of the action taken or proposed and any assistance needed from
the DEPARTMENT to resolve the situation. Payments may be withheld if required progress
• reports are not submitted. Quarterly reports shall cover the periods January 1 through March 31,
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April 1 through June 30, July 1 through September 30, and October 1 through December 31.
Reports shall be due within 30 days following the end of the quarter being reported.
J. COMPENSATION
1. Method of compensation. Payment shall normally be made on a reimbursable basis as
specified in the grant agreement and no more often than once per month. Each request for
payment will be submitted by the RECIPIENT on State voucher request forms provided by
the DEPARTMENT along with documentation of the expenses. Payments shall be made for
each task/phase of the project, or portion thereof, as set out in the Scope of Work when
completed by the RECIPIENT and approved as satisfactory by the Project Officer. The
payment request form and supportive documents must itemize all allowable costs by major
elements as described in the Scope of Work.
Instructions for submitting the payment requests are found in "Administrative Requirements
for Ecology Grants and Loans", part IV, published by the DEPARTMENT. A copy of this
document shall be furnished to the RECIPIENT. When payment requests are approved by the
DEPARTMENT, payments will be made to the mutually agreed upon designee. Payment
requests shall be submitted to the DEPARTMENT and directed to the Project Officer
assigned to administer this agreement.
2. Period of Compensation. Payments shall only be made for actions of the RECIPIENT
pursuant to the grant/loan agreement and performed after the effective date and prior to the
expiration date of this agreement, unless those dates are specifically modified in writing as
provided herein. •
3. Final Request(s) for Payment. The RECIPIENT should submit final requests for
compensation within forty-five (45) days after the expiration date of this agreement and
within fifteen (15) days after the end of a fiscal biennium. Failure to comply may result in
delayed reimbursement.
4. Performance Guarantee. The DEPARTMENT may withhold an amount not to exceed ten
percent (10%) of each reimbursement payment as security for the RECIPIENT's
performance. Monies withheld by the DEPARTMENT may be paid to the RECIPIENT when
the project(s) described herein, or a portion thereof, have been completed if, in the
DEPARTMENT's sole discretion, such payment is reasonable and approved according to this
agreement and, as appropriate, upon completion of an audit as specified under section J.6.
herein.
5. Unauthorized Expenditures. All payments to the RECIPIENT may be subject to final audit by
the DEPARTMENT and any unauthorized expenditure(s) charged to this grant/loan shall be
refunded to the DEPARTMENT by the RECIPIENT.
6. Mileage and Per Diem. If mileage and per diem are paid to the employees of the RECIPIENT
or other public entities, it shall not exceed the amount allowed under state law for state
employees.
7. Overhead Costs. No reimbursement for overhead costs shall be allowed unless provided for
in the Scope of Work hereunder.
•
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• K. TERMINATION
1. For Cause. The obligation of the DEPARTMENT to the RECIPIENT is contingent upon
satisfactory performance by the RECIPIENT of all of its obligations under this agreement. In
the event the RECIPIENT unjustifiably fails, in the opinion of the DEPARTMENT, to
perform any obligation required of it by this agreement, the DEPARTMENT may refuse to
pay any further funds there under and/or terminate this agreement by giving written notice of
termination.
A written notice of termination shall be given at least five working days prior to the effective
date of termination. In that event, all finished or unfinished documents, data studies, surveys,
drawings, maps, models, photographs, and reports or other materials prepared by the
RECIPIENT under this agreement, at the option of the DEPARTMENT, shall become
Department property and the RECIPIENT shall be entitled to receive just and equitable
compensation for any satisfactory work completed on such documents and other materials.
Despite the above, the RECIPIENT shall not be relieved of any liability to the
DEPARTMENT for damages sustained by the DEPARTMENT and/or the State of
Washington because of any breach of agreement by the RECIPIENT. The DEPARTMENT
may withhold payments for the purpose of setoff until such time as the exact amount of
damages due the DEPARTMENT from the RECIPIENT is determined.
2. Insufficient Funds. The obligation of the DEPARTMENT to make payments is contingent on
the availability of state and federal funds through legislative appropriation and state
allotment. When this agreement crosses over state fiscal years the obligation of the
• DEPARTMENT is contingent upon the appropriation of funds during the next fiscal year.
The failure to appropriate or allot such funds shall be good cause to terminate this agreement
as provided in paragraph K.1 above.
When this agreement crosses the RECIPIENT's fiscal year, the obligation of the RECIPIENT
to continue or complete the project described herein shall be contingent upon appropriation of
funds by the RECIPIENT's governing body; provided, however, that nothing contained
herein shall preclude the DEPARTMENT from demanding repayment of ALL funds paid to
the RECIPIENT in accordance with Section O herein.
3. Failure to Commence Work. In the event the RECIPIENT fails to commence work on the
project funded herein within four months after the effective date of this agreement, or by any
date agreed upon in writing for commencement of work, the DEPARTMENT reserves the
right to terminate this agreement.
L. WAIVER
Waiver of any RECIPIENT default is not a waiver of any subsequent default. Waiver of a breach
of any provision of this agreement is not a waiver of any subsequent breach and will not be
construed as a modification of the terms of this agreement unless stated as such in writing by the
authorized representative of the DEPARTMENT.
M. PROPERTY RIGHTS
1. Copyrights and Patents. When the RECIPIENT creates any copyrightable materials or
• invents any patentable property, the RECIPIENT may copyright or patent the same but the
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DEPARTMENT retains a royalty -free, nonexclusive and irrevocable license to reproduce,
publish, recover or otherwise use the material(s) or property and to authorize others to use the
same for federal, state or local government purposes. Where federal funding is involved, the
federal government may have a proprietary interest in patent rights to any inventions that are
developed by the RECIPIENT as provided in 35 U.S.C. 200-212.
2. Publications. When the RECIPIENT or persons employed by the RECIPIENT use or publish
information of the DEPARTMENT; present papers, lectures, or seminars involving
information supplied by the DEPARTMENT; use logos, reports, maps or other data, in
printed reports, signs, brochures, pamphlets, etc., appropriate credit shall be given to the
DEPARTMENT.
3. Tangible Property Rights. The DEPARTMENT's current edition of "Administrative
Requirements for Ecology Grants and Loans", Part V, shall control the use and disposition of
all real and personal property purchased wholly or in part with funds furnished by the
DEPARTMENT in the absence of state, federal statute(s), regulation(s), or policy(s) to the
contrary or upon specific instructions with respect thereto in the Scope of Work.
4. Personal Property Furnished by the DEPARTMENT. When the DEPARTMENT provides
personal property directly to the RECIPIENT for use in performance of the project, it shall be
returned to the DEPARTMENT prior to final payment by the DEPARTMENT. If said
property is lost, stolen or damaged while in the RECIPIENT's possession, the
DEPARTMENT shall be reimbursed in cash or by setoff by the RECIPIENT for the fair
market value of such property.
5. Acquisition Projects. The following provisions shall apply if the project covered by this,
agreement includes funds for the acquisition of land or facilities: 0
a. Prior to disbursement of funds provided for in this agreement, the RECIPIENT
shall establish that the cost of land/or facilities is fair and reasonable.
b. The RECIPIENT shall provide satisfactory evidence of title or ability to acquire
title for each parcel prior to disbursement of funds provided by this agreement.
Such evidence may include title insurance policies, Torrens certificates, or
abstracts, and attorney's opinions establishing that the land is free from any
impediment, lien, or claim which would impair the uses contemplated by this
agreement.
6. Conversions. Regardless of the contract termination date shown on the cover sheet, the
RECIPIENT shall not at any time convert any equipment, property or facility acquired or
developed pursuant to this agreement to uses other than those for which assistance was
originally approved without prior written approval of the DEPARTMENT. Such approval
may be conditioned upon payment to the DEPARTMENT of that portion of the proceeds of
the sale, lease or other conversion or encumbrance which monies granted pursuant to this
agreement bear to the total acquisition, purchase or construction costs of such property.
N. SUSTAINABLE PRODUCTS
In order to sustain Washington's natural resources and ecosystems, the RECIPIENT is
encouraged to implement sustainable practices where and when possible. These practices include
•
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• use of clean energy, and purchase and use of sustainably produced products (e.g., recycled
paper). For more information, see http://www.ecy.wa.gov/sustainability/.
O. RECOVERY OF PAYMENTS TO RECIPIENT
The right of the RECIPIENT to retain monies paid to it as reimbursement payments is contingent
upon satisfactory performance of this agreement including the satisfactory completion of the
project described in the Scope of Work. In the event the RECIPIENT fails, for any reason, to
perform obligations required of it by this agreement, the RECIPIENT may, at the
DEPARTMENT's sole discretion, be required to repay to the DEPARTMENT all grant/loan
funds disbursed to the RECIPIENT for those parts of the project that are rendered worthless in
the opinion of the DEPARTMENT by such failure to perform.
Interest shall accrue at the rate of twelve percent per year from the time the DEPARTMENT
demands repayment of funds. If payments have been discontinued by the DEPARTMENT due to
insufficient funds as in Section K.2 above, the RECIPIENT shall not be obligated to repay
monies which had been paid to the RECIPIENT prior to such termination. Any property acquired
under this agreement, at the option of the DEPARTMENT, may become the DEPARTMENT'S
property and the RECIPIENT'S liability to repay monies shall be reduced by an amount
reflecting the fair value of such property.
P. PROJECT APPROVAL
The extent and character of all work and services to be performed under this agreement by the
• RECIPIENT shall be subject to the review and approval of the DEPARTMENT through the
Project Officer or other designated official to whom the RECIPIENT shall report and be
responsible. In the event there is a dispute with regard to the extent and character of the work to
be done, the determination of the Project Officer or other designated official as to the extent and
character of the work to be done shall govern. The RECIPIENT shall have the right to appeal
decisions as provided for below.
•
Q. DISPUTES
Except as otherwise provided in this agreement, any dispute concerning a question of fact arising
under this agreement which is not disposed of in writing shall be decided by the Project Officer
or other designated official who shall provide a written statement of decision to the RECIPIENT.
The decision of the Project Officer or other designated official shall be final and conclusive
unless, within thirty days from the date of receipt of such statement, the RECIPIENT mails or
otherwise furnishes to the Director of the DEPARTMENT a written appeal. In connection with
appeal of any proceeding under this clause, the RECIPIENT shall have the opportunity to be
heard and to offer evidence in support of this appeal. The decision of the Director or duly
authorized representative for the determination of such appeals shall be final and conclusive.
Appeals from the Director's determination shall be brought in the Superior Court of Thurston
County. Review of the decision of the Director will not be sought before either the Pollution
Control Hearings Board or the Shoreline Hearings Board. Pending final decision of dispute
hereunder, the RECIPIENT shall proceed diligently with the performance of this agreement and
in accordance with the decision rendered.
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R. CONFLICT OF INTEREST 0
No officer, member, agent, or employee of either party to this agreement who exercises any
function or responsibility in the review, approval, or carrying out of this agreement, shall
participate in any decision which affects his/her personal interest or the interest of any
corporation, partnership or association in which he/she is, directly or indirectly interested; nor
shall he/she have any personal or pecuniary interest, direct or indirect, in this agreement or the
proceeds thereof.
S. INDEMNIFICATION
1. The DEPARTMENT shall in no way be held responsible for payment of salaries, consultant's
fees, and other costs related to the project described herein, except as provided in the Scope
of Work.
2. To the extent that the Constitution and laws of the State of Washington permit, each party
shall indemnify and hold the other harmless from and against any liability for any or all
injuries to persons or property arising from the negligent act or omission of that party or that
party's agents or employees arising out of this agreement.
T. GOVERNING LAW
This agreement shall be governed by the laws of the State of Washington.
U. SEVERABILITY
If any provision of this agreement or any provision of any document incorporated by reference •
shall be held invalid, such invalidity shall not affect the other provisions of this agreement which
can be given effect without the invalid provision, and to this end the provisions of this agreement
are declared to be severable.
V. PRECEDENCE
In the event of inconsistency in this agreement, unless otherwise provided herein, the
inconsistency shall be resolved by giving precedence in the following order: (a) applicable
Federal and State statutes and regulations; (b) Scope of Work; (c) Special Terms and Conditions;
(d) Any terms incorporated herein by reference including the "Administrative Requirements for
Ecology Grants and Loans"; and (e) the General Terms and Conditions.
SS -010 Rev. 04/04
21
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•
VGELES
DATE: August 20, 2012
TO: City Council
FROM: Glenn A. Cutler, Director of Public Works and Utilities
Corey Delikat, Acting Deputy Director and Parks Superintendent
SUBJECT: Shane Park Playground Grant, Project #11-1195D
Summary: The Washington State Recreation & Conservation Office (RCO) has approved funding for
$39,627 for the Shane Park Playground Redevelopment Project.
Recommendation: Approve and authorize the City Manager to sign the Land and Water Conservation
Fund (LWCF) Project Agreement with the State of Washington Recreation and Conservation Office for a
grant in the amount of $39,627 for the Shane Park Playground Redevelopment Project.
• Background/Analysis: In May, 2011, the City Council approved Resolution 11-1 I permitting City
staff to pursue grants for the Shane Park Playground Project from the State of Washington Recreation
and Conservation Office (RCO). The RCO ranked the project 4th in a list of 12 statewide projects for
a Land and Water Conservation Fund (LWCF) Grant. On June 4, 2012, the RCO approved the funding
for the Shane Park Playground Project with the condition that City staff could not start work on the
playground until the RCO agreement had been approved and signed by the City of Port Angeles and
the RCO. The City has been patiently waiting twelve weeks for the RCO agreement, while at the same
time watching the construction window shrink. On August 19, 2012, staff finally received the LWCF
agreement. It is realized that Council does not desire to accept late items, but delaying until the next
regularly scheduled meeting would mean a delay of the construction of this important community
project. Once the City receives a signed copy back from the RCO, construction can begin. Below is a
breakdown of the project funding for material reimbursement:
Project Fundin
LWCF Grant Match 28.27%
$39,627
City and Donations Match (71.73%)
$100,546
TOTAL
$140,173
Attachments: LWCF Project Agreement
0
'y WASHINGTON STATE
�Recreation and
Conservation Office
Project Sponsor: City of Port Angeles
LWCF Project Agreement
Recreation Resource Account
Project Number: 11-1195D
Project Title: Shane Park Playground Approval Date: 6/4/2012
A. PARTIES OF THE AGREEMENT
This project grant Agreement (Agreement) is entered into between the State of Washington by and through the
Recreation and Conservation Funding Board (RCFB) and the Recreation and Conservation Office, P O Box 40917,
Olympia, Washington 98504-0917 and City of Port Angeles (sponsor), PO Box 1150, Port Angeles, WA 98362 and
shall be binding on the agents and all persons acting by or through the parties
B. PURPOSE OF AGREEMENT
This Agreement sets out the terms and conditions by which a grant is made from the Recreation Resource Account of
the State of Washington The grant is administered by the Recreation and Conservation Office (RCO) to the sponsor
for the project named above
C. DESCRIPTION OF PROJECT
The City of Port Angeles will use this grant to redevelop the playground at the existing Shane Park The City will
remove the old undersized playground and replace it with a larger universally accessible playground structure with
multiple interactive features New rubber tiles will be placed underneath the structure for improved safety and ease of
access Shane Park is located on the eastside of Port Angeles and provides both active and passive recreational
amenities The primary recreation opportunity provided by the project will be for active outdoor recreation
D. PERIOD OF PERFORMANCE
The project reimbursement period shall begin on August 6, 2012 and end on January 31, 2013 No expenditure
made before or after this period is eligible for reimbursement unless incorporated by written amendment into this
Agreement or specifically provided for by RCFB and/or SRFB policy or WAC
Requests for time extensions are to be made at least 60 days before the Agreement end date If the request is
made after the Agreement end date, the time extension will be denied
The sponsor has obligations beyond this period of performance as described in Section E
E. ON-GOING OBLIGATION
For development projects the project sponsor's on-going obligations shall be in perpetuity and shall survive the
completion/termination of this project agreement unless otherwise identified in the agreement or as approved by the
funding board It is the Intent of the funding board's conversion policy (see section 23) that all areas developed with
funding assistance remain in the public domain in perpetuity
F. PROJECT FUNDING
The total grant award provided by the funding board for this project shall not exceed $39,627 00 The funding board
shall not pay any amount beyond that approved for grant funding of the project and within the funding board's
percentage as identified below The sponsor shall be responsible for all total project costs that exceed this amount
The contribution by the sponsor toward work on this project at a minimum shall be as indicated below
RCFB - Land and Water Conservation
Project Sponsor
Total Project Cost
Percentage
28.27%
7173%
10000%
Dollar Amount
$39,62700
$100,54600
$140,17300
0
0
LWCF Project Agreement - RCO #11-1195D Recreation Resource Account
Chapter 79A 25 RCW, Chapter 286 WAC Page 1 of 16
PROJAGR RPT
G. RIGHTS AND OBLIGATIONS
All rights and obligations of the parties to this Agreement are subject to this Agreement and its attachments, as now
• existing or hereafter amended, including the sponsor's application, eligible scope activities, protect milestones, and
the Standard Terms and Conditions of the project Agreement, all of which are incorporated herein
is
•
Except as provided herein, no amendment/deletions of any of the terms or conditions of this Agreement will be
effective unless provided in writing All such amendment/deletions must be signed by both parties except the RCO
director may unilaterally make amendments to extend the period of performance Period of performance extensions
need only be signed by RCO's director or designee
H. COMPLIANCE WITH APPLICABLE STATUTES, RULES, AND RCFB-SRFB POLICIES
This agreement is governed by, and the sponsor shall comply with, all applicable state and federal laws and
regulations, including Chapter 79A.25 RCW, Chapter 286 WAC, and published agency policies, which are
incorporated herein by this reference as if fully set forth
I. SPECIAL CONDITIONS
The National Park Service (NPS) approved these three special conditions for the Shane Park Playground
project
1 Ground disturbance within the 6(f)3 boundary, prior to NPS determination that the requirement of
both Section 106 of the National Historic Preservation Act and the National Environmental Policy
Act have been met, may result in termination of this grant for cause This grant will be placed on a
financial hold and no reimbursement will occur for this grant until the sponsor has completed the
Cultural Resources Assessment in compliance with Section 106
2 The City may place up to three additional cell towers without triggering a conversion if the
equipment is placed on existing light standards, is minimally visible, and does not negatively impact
the recreation experience All ground support equipment will be placed within the pre-existing
fenced area (dimensions are 19'x8' and 16'x12') without expanding the footprint
3 Materials purchased prior to the start date listed in the project agreement are eligible for
reimbursement per LWCF State Assistance Program Manual (chapter 5-1, section 2a) as
determined by NPS on June 12, 2012
J. FEDERAL FUND INFORMATION
A portion or all of the funds for this project are provided through a federal funding source.
Funds provided from the US Dept of Interior must be reported under CFDA#15 916 - Land & Water Conservation and
Award Number Apport FY12 for federal fiscal year 2012
If the sponsor's total federal expenditures are $500,000 00 or more during the sponsor's fiscal -year, the sponsor is
required to have a federal single audit conducted for that year in compliance with Office of Management and Budget
Circular A-133 A copy of the final audit report must be provided to RCO within nine months of the end of the sponsor'
s fiscal year, unless a longer period is agreed to in advance by the cognizant or oversight agency
Failure to provide required A-133 audits will lead to a suspension of payments and may lead to a suspension of RCO
Agreements
K. PROJECT GRANT AGREEMENT REPRESENTATIVE
All written communications and notices under this Agreement will be addressed and sent to at least the mail address
or the email address listed below if not both
Project Contact
Name Corey Delikat
Title
Address PO Box 1150
Port Angeles, WA 98362
Email cdelikat@cityofpa us
RCFB
Recreation and Conservation Office
Natural Resources Building
PO Box 40917
Olympia, Washington 98504-0917
These addresses shall be effective until receipt by one party from the other of a written notice of any change
LWCF Project Agreement - RCO #11-1195D Recreation Resource Account
Chapter 79A 25 RCW, Chapter 286 WAC Page 2 of 16
PROJAGR RPT
L. ENTIRE AGREEMENT
This Agreement, with all amendments and attachments, constitutes the entire Agreement of the parties No other
understandings, oral or otherwise, regarding this Agreement shall exist or bind any of the parties
M. EFFECTIVE DATE
This Agreement, for project 11-1195D, shall be subject to the written approval of the RCO's authorized representative
and shall not be effective and binding until executed by both the Sponsor and the RCO Reimbursements for eligible
and allowable costs incurred within the period of performance identified in Section D above are allowed only when this
Agreement is fully executed and an original is received by RCO
The sponsor/s has read, fully understands, and agrees to be bound by all terms and conditions as set forth in this
Agreement, The signators listed below represent and warrant their authority to bind the parties to this Agreement
City of Port Angeles
By:
Name: (printed)
Title:
State of Washington
On behalf of the Recreation and Conservation Funding Board (RCFB)
By:
Kaleen Cottingham
Director, Recreation and Conservation Office
By:
Pre -approved as to form
/s/
Assistant Attorney General
Date:
Date:
Date: June 27, 2011 is
0
LWCF Project Agreement - RCO #11-1195D Recreation Resource Account
Chapter 79A 25 RCW, Chapter 286 WAC Page 3 of 16
PROJAGR RPT
LWCF Protect Agreement - RCO #11-1195D Recreation Resource Account
Chapter 79A 25 RCW, Chapter 286 WAC Page 4 of 16
PROJAGR RPT
Standard Terms and Conditions
•
of the Project Agreement
Table of Contents
Page
SECTION 1.
CITATIONS, HEADINGS AND DEFINITIONS............................................................
6
SECTION 2.
PERFORMANCE BY THE SPONSOR.....................................................................
8
SECTION3.
ASSIGNMENT....................................................................................................
8
SECTION 4.
RESPONSIBILITY FOR PROJECT.........................................................................
8
SECTION S.
INDEMNIFICATION.............................................................................................
8
SECTION 6.
INDEPENDENT CAPACITY OF THE SPONSOR.......................................................
8
SECTION 7.
CONFLICT OF INTEREST....................................................................................
8
SECTION 8.
ACKNOWLEDGMENT AND SIGNS........................................................................
8
SECTION 9.
COMPLIANCE WITH APPLICABLE LAW...............................................................
9
SECTION 10.
HAZARDOUS SUBSTANCES...............................................................................
10
SECTION11.
RECORDS.........................................................................................................
10
SECTION 12.
TREATMENT OF ASSETS....................................................................................
10
•
SECTION 13.
RIGHT OF INSPECTION.......................................................................................
10
SECTION 14.
STEWARDSHIP AND MONITORING......................................................................
10
SECTION 15.
DEBARMENT CERTIFICATION.............................................................................
11
SECTION 16.
PROJECT FUNDING...........................................................................................
11
SECTION 17.
PROJECT REIMBURSEMENTS............................................................................
11
SECTION 18.
ADVANCE PAYMENTS.......................................................................................
11
SECTION 19.
RECOVERY OF PAYMENTS................................................................................
12
SECTION 20.
CONVENANT AGAINST CONTINGENT FEES .........................................................
12
SECTION 21.
PROVISIONS APPLYING TO DEVELOPMENT, RENOVATION AND
RESTORATION PROJECTS..................................................................................
12
SECTION 22.
PROVISIONS APPLYING TO ACQUISITION PROJECTS ..........................................
12
SECTION 23.
RESTRICTION ON CONVERSION OF REAL PROPERTY
AND/OR FACILITIES TO OTHER USES.................................................................
13
SECTION 24.
CONSTRUCTION, OPERATION, USE AND MAINTENANCE
OFASSISTED PROJECTS..................................................................................
13
SECTION 25.
INCOME AND INCOME USE................................................................................
14
•
SECTION 26.
PREFERENCES FOR RESIDENTS.......................................................................
14
LWCF Protect Agreement - RCO #11-1195D Recreation Resource Account
Chapter 79A 25 RCW, Chapter 286 WAC Page 4 of 16
PROJAGR RPT
SECTION 27. PROVISIONS RELATED TO CORPORATE (INCLUDING NONPROFIT)
SPONSORS...................................................................................................... 14
SECTION 28.
LIABILITY INSURANCE REQUIRMENTS FOR FIREARMS
AND ARCHERY RANGE SPONSORS...................................................................
14
SECTION 29.
REQUIREMENTS OF THE NATIONAL PARK SERVICE .............................................
15
SECTION 30.
FARMLAND PRESERVATION ACCOUNT.............................................................
15
SECTION 31.
ORDER OF PRECEDENCE.................................................................................
15
SECTION 32.
AMENDMENTS.................................................................................................
15
SECTION 33.
LIMITATION OF AUTHORITY..............................................................................
15
SECTION 34.
WAIVER OF DEFAULT.......................................................................................
15
SECTION 35.
APPLICATION REPRESENTATIONS - MISREPRESENTATIONS
OR INACCURACY OR BREACH..........................................................................
15
SECTION 36.
SPECIFIC PERFORMANCE................................................................................
16
SECTION 37.
TERMINATION.................................................................................................
16
SECTION 38.
DISPUTE HEARING..........................................................................................
113
SECTION 39.
ATTORNEYS' FEES..........................................................................................
17
SECTION 40.
GOVERNING LAWIVENUE.................................................................................
17
SECTION 41.
SEVERABILITY................................................................................................
17
0
•
LWCF Project Agreement - RCO #11-1195D Recreation Resource Account
Chapter 79A 25 RCW, Chapter 286 WAC Page 5 of 16
PROJAGR RPT
•
-J 3;, WASHINGTON STATE
a�Recreation and
Conservation Office
Project Sponsor: City of Port Angeles
Project Title: Shane Park Playground
Standard Terms and Conditions
of the Project Agreement
Project Number: 11-1195D
Approval Date: 6/4/2012
SECTION 1. CITATIONS, HEADINGS AND DEFINITIONS
A Any citations referencing specific documents refer to the current version at the date of protect Agreement and/or any revisions in
the future
B Headings used in this Agreement are for reference purposes only and shall not be considered a substantive part of this
Agreement
C Definitions As used throughout this Agreement, the following terms shall have the meaning set forth below
acquisition -The purchase of fee or less than fee interests in real property These interests include, but are not limited to,
options, right of first refusal, conservation easements, access/trail easements, covenants, water rights, leases, and mineral
rights
Agreement - The accord accepted by all parties to the present transaction, this Agreement, any supplemental Agreements, any
amendments to this Agreement and any Intergovernmental Agreements
applicant - Any agency or organization that meets the qualifying standards, Including deadlines, for submission of an application
soliciting a grant of funds from the funding Board
application - The documents and other materials that an applicant submits to the RCO to support the applicant's request for
grant funds, this Includes materials required for the "Application" in the RCO's automated project Information system, and other
documents as noted on the application checklist Including but not limited to legal opinions, evaluation presentations and scripts
asset - Equipment purchased by the sponsor or acquired or transferred to the sponsor for the purpose of this Agreement This
definition is restricted to non -fixed assets, including but not limited to vehicles, computers or machinery
cognizant or oversight agency - Federal agency responsible for ensuring compliance with federal audit requirements
contractor - Shall mean one not in the employment of the sponsor who Is performing all or part of the eligible activities for this
project under a separate Agreement with the sponsor The term "contractor' and "contractors" means contractor(s) in any tier
secondary sponsor - one of two or more eligible organizations that sponsors a grant -funded project Of these two sponsors,
only one - the primary sponsor - may be the fiscal agent
development - The construction of or work resulting in new elements, including but not limited to structures, facilities, and/or
materials to enhance outdoor recreation, salmon recovery or habitat conservation resources
director - The chief executive officer of the Recreation and Conservation Office or that person's designee
elements, items and worktypes - Components of the funded project as provided in the project description
funding board - The board that authorized the funds in this Agreement, either the Recreation and Conservation Funding Board
(RCFB) created under chapter 79A 25 110 RCW, or the Salmon Recovery Funding Board (SRFB) created under chapter
77 85 110 RCW
grantee - The organizational entity or individual to which a grant (or cooperative agreement) is awarded and signatory to the
Agreement which is responsible and accountable both for the use of the funds provided and for the performance of the
grant -supported project or activities
landowner agreement - A landowner agreement is required between a SRFB project sponsor and landowner for projects located
on land not owned, or otherwise controlled, by the sponsor.
lower tier participant -refers to any sponsor receiving a federal grant through RCO Lower tier participants also refer to any
grantee, subgrantee, or contractor of any grantee or subgrantee from the original sponsor funded by RCO
milestone - An important event with a defined deadline for an activity related to implementation of a funded project
period of performance - The time period specified in the Agreement, under Section D, penod of performance
project - The undertaking that is the subject of this Agreement and that is, or may be, funded in whole or in part with funds
administered by RCO on behalf of the funding board
RCO - Recreation and Conservation Office - The state office that provides administrative support to the Recreation and
Conservation Funding Board and Salmon Recovery Funding Board RCO includes the director and staff, created by Chapters
79A 25 110 and 79A 25 150 RCW and charged with administering this Agreement by Chapters 77 85 110 and 79A 25 240 RCW
reimbursement - Payment of eligible and allowable costs that have already been paid by the sponsor per the terms of the
Agreement
renovation - The activities intended to improve an existing site or structure in order to increase its service life or functions This
does not include maintenance activities
restoration -Bringing a site back to its original function as part of a natural ecosystem or improving the ecological functionality of
a site
sponsor - The eligible applicant who has been awarded a grant of funds and is bound by this executed Agreement, includes its
officers, employees, agents and successors
• subgrantee - The term subgrantee means the government or other legal entity to which a subgrant is awarded and which is
accountable to the grantee for the use of the funds provided
LWCF Project Agreement - RCO #11-1195D Recreation Resource Account
Chapter 79A 25 RCW, Chapter 286 WAC Page 6 of 16
PROJAGR RPT
SECTION 2. PERFORMANCE BY THE SPONSOR
The sponsor, and secondary sponsor where applicable, shall undertake the project as described in this Agreement, post evaluation
summary, the sponsor's application, and in accordance with the sponsor's proposed goals and objectives described in the application
or documents submitted with the application, all as finally approved by the funding board All submitted documents are incorporated
by this reference as if fully set forth herein The Order of Precedence is covered in Section 31 0
Timely completion of the project and submission of required documents, including progress and final reports, is important Failure to
meet critical milestones or complete the project, as set out in this Agreement, is a material breach of the Agreement
SECTION 3. ASSIGNMENT
Neither this Agreement, nor any claim arising under this Agreement, shall be transferred or assigned by the sponsor without prior
written consent of the Recreation and Conservation Office
SECTION 4. RESPONSIBILITY FOR PROJECT
While the funding board undertakes to assist the sponsor with the project by providing a grant pursuant to this Agreement, the project
itself remains the sole responsibility of the sponsor The funding board undertakes no responsibilities to the sponsor, a secondary
sponsor, or to any third party, other than as is expressly set out in this Agreement The responsibility for the implementation of the
project is solely that of the sponsor, as is the responsibility for any claim or suit of any nature by any third party related in any way to
the project When a project is sponsored by more than one entity, any and all sponsors are equally responsible for the project and all
post -completion stewardship responsibilities
SECTION 5. INDEMNIFICATION
To the fullest extent permitted by the law, the sponsor expressly agrees to and shall indemnify, defend and hold harmless the State
and its agencies, officials, agents and employees from and against all claims, actions, costs, damages, or expenses of any nature
arising out of or incident to the sponsor's or any contractor's performance or failure to perform the Agreement Sponsor's obligation to
indemnify, defend and hold harmless also includes any claim by sponsor's agents, employees, representatives or any contractor or its
employees Sponsor's obligation to defend includes payment of any costs or attomeys' fees
Sponsor's obligation shall not include such claims that may be caused by the sole negligence of RCO, its officials, agents, and
employees If the claims or damages are caused by or result from the concurrent negligence of (a) RCO, its agents or employees and
(b) the sponsor, its contractors, agents, or employees, this indemnity provision shall be valid and enforceable only to the extent of the
negligence of the sponsor or its contractors, agents, or employees The sponsor expressly agrees to waive his/her immunity under
Title 51 RCW (as to the State, and its agencies but not as to any employee, worker or third party) to the extent required to indemnify,
defend, and hold harmless the State and its agencies, officials, agents or employees lb
SECTION 6. INDEPENDENT CAPACITY OF THE SPONSOR
The sponsor and its employees or agents performing under this Agreement are not officers, employees or agents of the funding board
or RCO The sponsor will not hold itself out as nor claim to be an officer, employee or agent of RCO, a funding board or of the state of
Washington, nor will the sponsor make any claim of right, privilege or benefit which would accrue to an employee under Chapters
41 06 or 28B RCW
The sponsor is responsible for withholding and/or paying employment taxes, insurance, or deductions of any kind required by federal,
state, and/or local laws
SECTION 7. CONFLICT OF INTEREST
Notwithstanding any determination by the Executive Ethics Board or other tribunal, RCO may, in its sole discretion, by written notice to
the sponsor terminate this Agreement if it is found after due notice and examination by RCO that there is a violation of the Ethics in
Public Service Act, Chapter 42 52 RCW, or any similar statute involving the sponsor in the procurement of, or performance under, this
Agreement
In the event this Agreement is terminated as provided above, RCO shall be entitled to pursue the same remedies against the sponsor
as it could pursue in the event of a breach of the Agreement by the sponsor The rights and remedies of RCO provided for in this
clause shall not be exclusive and are in addition to any other rights and remedies provided by law
SECTION 8. ACKNOWLEDGMENT AND SIGNS
A Publications. The sponsor shall include language which acknowledges the funding contribution of the applicable grant program to
this project in any release or other publication developed or modified for, or referring to, the project during the project period and
in the future
B Signs The sponsor also shall post signs or other appropriate media during the project period and in the future at project
entrances and other locations on the project which acknowledge the applicable grant program's funding contribution, unless
exempted in funding board policy or waived by the director
C Ceremonies The sponsor shall notify RCO no later than two weeks before a dedication ceremony for this project The sponsor
shall verbally acknowledge the applicable grant program's funding contribution at all dedication ceremonies Is
LWCF Project Agreement - RCO #11-1195D Recreation Resource Account
Chapter 79A 25 RCW, Chapter 286 WAC Page 7 of 16
PROJAGR RPT
•
D Federally Funded Protects When issuing statements, press releases, requests for proposals, bid solicitations, and other
documents describing a protect funded in whole or in part with federal money provided for in this grant, sponsors shall clearly
state
1 The percentage of the total costs of the protect that is financed with federal money,
2 The dollar amount of federal funds for the protect, and
3 The percentage and dollar amount of the total costs of the protect that is financed by nongovernmental sources
SECTION 9. COMPLIANCE WITH APPLICABLE LAW
The sponsor will implement the Agreement in accordance with applicable federal, state, and local laws, regulations and RCO and
funding board policies regardless of whether the sponsor is a public or non-public organization
The sponsor shall comply with, and RCO is not responsible for determining compliance with, any and all applicable federal, state, and
local laws, regulations, and/or policies, including, but not limited to State Environmental Policy Act, Industrial Insurance Coverage,
Architectural Barriers Act, permits (shoreline, Hydraulics Protect Approval, demolition), land use regulations (critical areas ordinances,
Growth Management Act), federal and state safety and health regulations (Occupational Safety and Health Administration/Washington
Industrial Safety and Health Act), and Buy American Act
Endangered Species
For habitat restoration protects funded in part or whole with federal funds administered by the SRFB the sponsor shall not commence
with clearing of riparian trees or in -water work unless either the sponsor has complied with 50 CFR 223 203 (b)(8), limit 8 or until an
Endangered Species Act consultation is finalized in writing by the National Oceanic and Atmospheric Administration Violation of this
requirement maybe grounds for terminating this protect Agreement This section shall not be the basis for any enforcement
responsibility by RCO
Nondiscrimination Laws
The sponsor shall comply with all applicable federal, state, and local nondiscrimination laws and/or policies, Including but not limited
to the Americans with Disabilities Act, Civil Rights Act, and the Age Discrimination Act In the event of the sponsor's noncompliance or
refusal to comply with any nondiscrimination law or policy, the Agreement may be rescinded, cancelled, or terminated in whole or in
part, and the sponsor may be declared ineligible for further grant awards from the funding board The sponsor is responsible for any
and all costs or liability arising from the sponsor's failure to so comply with applicable law
Wages and Job Safety
The sponsor agrees to comply with all applicable laws, regulations, and policies of the United States and the State of Washington
which affect wages and job safety The sponsor agrees to pay the prevailing wage rate to all workers, laborers, or mechanics
employed in the performance of any part of this contract if state law applies to the lands in question and the prevailing wage law
applies to the work being performed The Washington State Department of Labor and Industries should be consulted to determine
whether prevailing wage laws apply Further the sponsor agrees to comply with the provisions of the Davis -Bacon Act as required,
and any other applicable federal laws
Archaeological and Cultural Resources
The sponsor must comply with Executive Order 05-05 or the National Historic Preservation Act before initiating ground disturbing
activity The funding board requires documented compliance with Executive Order 05-05 or Section 106 of the National Historic
Preservation Act, whichever is applicable to the protect If a federal agency declines to consult, the sponsor shall comply with the
requirements of Executive Order 05-05 In the event that archaeological or historic materials are discovered during protect activities,
work in the location of discovery and immediate vicinity must stop instantly, the area must be secured, and notification must be
provided to the following concerned Tribes' cultural staff and cultural committees, RCO, and the State Department of Archaeology
and Historic Preservation If human remains are discovered during protect activity, work in the location of discovery and immediate
vicinity must stop instantly, the area must be secured, and notification provided to the concerned Tribe's cultural staff and cultural
committee, RCO, State Department of Archaeology, the coroner and local law enforcement in the most expeditious manner possible
according to RCW 68 50
Restrictions on Grant Use
No part of any funds provided under this grant shall be used, other than for normal and recognized executive -legislative relationships,
for publicity or propaganda purposes, or for the preparation, distribution, or use of any kit, pamphlet, booklet, publication, radio,
television, or video presentation designed to support or defeat legislation pending before the U S Congress or any state legislature
No part of any funds provided under this grant shall be used to pay the salary or expenses of any sponsor, or agent acting for such
sponsor, related to any activity designed to influence legislation or appropriations pending before the U S Congress or any state
legislature
LWCF Protect Agreement - RCO #11-1195D
Chapter 79A 25 RCW, Chapter 286 WAC
PROJAGR RPT
Recreation Resource Account
Page 8 of 16
SECTION 10. HAZARDOUS SUBSTANCES
A Certification The sponsor shall inspect, investigate, and conduct an environmental audit of the proposed acquisition site for the
presence of hazardous substances, as defined in Chapter 70 105D 020 (11) RCW, and certify
1 No hazardous substances were found on the site, or 0
2 Any hazardous substances found have been treated and/or disposed of in compliance with applicable state and federal
laws, and the site deemed "clean "
B Responsibility Nothing in this provision alters the sponsor's duties and liabilities regarding hazardous substances as set forth in
Chapter 70 105D RCW
C Hold Harmless The sponsor will defend, protect and hold harmless RCO and any and all of its employees and/or agents, from
and against any and all liability, cost (including but not limited to all costs of defense and attorneys' fees) and any and all loss of
any nature from any and all claims or suits resulting from the presence of, or the release or threatened release of, hazardous
substances on the property the sponsor is acquiring
SECTION 11. RECORDS
A Maintenance The sponsor shall maintain books, records, documents, data and other evidence relating to this Agreement and
performance of the services described herein, including but not limited to accounting procedures and practices which sufficiently
and properly reflect all direct and indirect costs of any nature expended in the performance of this Agreement Sponsor shall
retain such records for a period of six years from the date RCO deems the project complete , as defined in Section 17(C) below
If any litigation, claim or audit is started before the expiration of the six (6) year period, the records shall be retained until all
litigation, claims, or audit findings involving the records have been resolved
B Access to records and data At no additional cost, the records relating to the Agreement, including materials generated under the
Agreement, shall be subject at all reasonable times to inspection, review or audit by RCO, personnel duly authorized by RCO, the
Office of the State Auditor, and federal and state officials so authorized by law, regulation or Agreement This includes access to
all information that supports the costs submitted for payment under the grant and all findings, conclusions, and recommendations
of the sponsor's reports, including computer models and methodology for those models
C Public Records Sponsor acknowledges that the funding board is subject to chapter 42 56 RCW and that this Agreement and any
records sponsor submits or has submitted to the State shall be a public record as defined in chapter 42 56 RCW Additionally, in
compliance with RCW 77 85 130(8), sponsor agrees to disclose any information in regards to expenditure of any funding
received from the SRFB By submitting any record to the state sponsor understands that the State may be requested to disclose
or copy that record under the state public records law, currently codified at RCW 42 56 The sponsor warrants that it possesses
such legal rights as are necessary to permit the State to disclose and copy such document to respond to a request under state;
public records laws The Sponsor hereby agrees to release the State from any claims ansmg out of allowing such review or
copying pursuant to a public records act request, and to indemnify against any claims ansmg from allowing such review or
copying and pay the reasonable cost of state's defense of such claims
SECTION 12. TREATMENT OF ASSETS
A Assets shall remain in the possession of the sponsor for the duration of the project or applicable grant program When the
sponsor discontinues use of the asset(s) for the purpose for which it was funded, RCO will require the sponsor to deliver the
asset(s) to RCO, dispose of the asset according to RCO policies, or return the fair market value of the asset(s) to RCO Assets
shall be used only for the purpose of this Agreement, unless otherwise provided herein or approved by RCO in writing
B The sponsor shall be responsible for any loss or damage to assets which results from the negligence of the sponsor or which
results from the failure on the part of the sponsor to maintain and administer that asset in accordance with sound management
practices
SECTION 13. RIGHT OF INSPECTION
The sponsor shall provide right of access to the project to RCO, or any of its officers, or to any other authorized agent or official of the
state of Washington or the federal government, at all reasonable times, in order to monitor and evaluate performance, compliance,
and/or quality assurance under this Agreement
If a landowner Agreement or other form of control and tenure has been executed, it will further stipulate and define the funding board
and RCO's right to inspect and access lands acquired or developed with funding board assistance.
SECTION 14. STEWARDSHIP AND MONITORING
Sponsor agrees to perform monitoring and stewardship functions as stated in policy documents approved by the funding boards or
RCO Sponsor further agrees to utilize, where applicable and financially feasible, any monitoring protocols recommended by the
funding board
LWCF Protect Agreement - RCO #11-1195D Recreation Resource Account
Chapter 79A 25 RCW, Chapter 286 WAC Page 9 of 16
PROJAGR RPT
SECTION 15. DEBARMENT CERTIFICATION
A For Federally Funded Projects
• By signing the Agreement with RCO, the sponsor certifies that neither it nor its principals nor any other lower tier participant are
presently debarred, suspended, proposed for debarment, declared ineligible or voluntarily excluded from participation in this
transaction by any Federal department or agency Further, the sponsor agrees not to enter into any arrangements or contracts
related to this Agreement with any party that is on the "General Services Administration's Excluded from Federal Procurement or
Non -procurement Programs at http //www epls gov,
The sponsor (prospective lower tier participant) shall provide immediate written notice to RCO if at any time the prospective lower
tier participant learns that the above certification was not correct when submitted or has become erroneous by reason of changed
circumstances
B For State Funded Projects
By signing the Agreement with RCO, the sponsor certifies that neither it nor its principals nor any other lower tier participant are
presently debarred, suspended, proposed for debarment, declared ineligible or voluntanly excluded from participation in this
transaction by Washington State Labor and Industries Further, the sponsor agrees not to enter into any arrangements or
contracts related to this Agreement with any party that is on the "Contractors not Allowed to Bid on Public Works Projects" list at
http //www Im.wa gov(TradesLicensmg/PrevWage/Award mgAgencies/DebarredContractors/
SECTION 16. PROJECT FUNDING
Additional Amounts The funding board shall not be obligated to pay any amount beyond the dollar amount as identified in this
Agreement, unless an additional amount has been approved in advance by the funding board or director and incorporated by
written amendment into this Agreement
Before the Agreement No expenditure made, or obligation incurred, by the sponsor before the project start date shall be eligible
for grant funds, in whole or in part, unless specifically provided for by funding board policy, such as a waiver of retroactivity or
program specific eligible pre -Agreement costs For reimbursements of such costs, this Agreement must be fully executed and an
original received by RCO The dollar amounts identified in this Agreement may be reduced as necessary to exclude any such
expenditure from reimbursement
C After the period of performance No expenditure made, or obligation incurred, following the penod of performance shall be
eligible, in whole or in part, for grant funds hereunder In addition to any remedy the funding board may have under this
Agreement, the grant amounts identified in this Agreement shall be reduced to exclude any such expenditure from participation
SECTION 17. PROJECT REIMBURSEMENTS
A This contract is administered on a reimbursement basis The sponsors may only request reimbursement after eligible and
allowable costs have already been paid by the sponsor and remitted to their vendors RCO will then reimburse the sponsor for
those costs based upon RCO's percentage as defined in Section F of the Project Agreement of the amount billed to RCO RCO
does not reimburse for donations which the sponsor may use as part of its percentage All reimbursement requests must include
proper documentation of expenditures as required by RCO
Compliance and Payment The obligation of RCO to pay any amount(s) under this Agreement is expressly conditioned on strict
compliance with the terms of this Agreement by the sponsor
C Compliance and Retainage RCO reserves the right to withhold disbursement of up to the final ten percent (10%) of the total
amount of the grant to the sponsor until the protect has been completed A project is considered "complete" when
1 All approved or required activities outlined in the Agreement are done,
2. On-site signs are in place (if applicable),
3 A final project report is submitted to and accepted by RCO,
4 Any other required documents are complete and submitted to RCO,
5 A final reimbursement request is submitted to RCO,
6 The completed project has been accepted by RCO,
7 Final amendments have been processed, and
8 Fiscal transactions are complete
9 RCO has accepted a final boundary map, if required for the project, for which the Agreement terms will apply in the future
D Reimbursement Request Frequency Sponsors are encouraged to send RCO a reimbursement request at least quarterly
Sponsors are required to submit a reimbursement request to RCO, at a minimum for each project at least once a year for
reimbursable activities occurring between July 1 and June 30 Sponsors must refer to the most recently published/adopted RCO
policies and procedures regarding reimbursement requirements
SECTION 18. ADVANCE PAYMENTS
Advance payments of or in anticipation of goods or services to be provided under this Agreement are limited to grants approved by
the SRFB and must comply with SRFB policy See WAC 420-12-060 (5)
LWCF Project Agreement - RCO #11-1195D
Chapter 79A 25 RCW, Chapter 286 WAC
PROJAGR RPT
Recreation Resource Account
Page 10 of 16
SECTION 19. RECOVERY OF PAYMENTS
In the event that the sponsor fads to expend funds under this Agreement in accordance with state and federal laws, and/or the
provisions of the Agreement, or meet its percentage of the protect total, RCO reserves the right to recover grant award funds in the
amount equivalent to the extent of noncompliance in addition to any other remedies available at law or in equity
The sponsor shall reimburse RCO for any overpayment or erroneous payments made under the Agreement Repayment by the
sponsor of such funds under this recovery provision shall occur within 30 days of demand by RCO Interest shall accrue at the rate of
twelve percent (12%) per annum from the time that payment becomes due and owing
SECTION 20. COVENANT AGAINST CONTINGENT FEES
The sponsor warrants that no person or selling agent has been employed or retained to solicit or secure this Agreement on an
Agreement or understanding for a commission, percentage, brokerage or contingent fee, excepting bona fide employees or bona fide
established agents maintained by the sponsor for the purpose of securing business RCO shall have the right, in the event of breach
of this clause by the sponsor, to terminate this Agreement without liability or, in its discretion, to deduct from the Agreement grant
amount or consideration or recover by other means the full amount of such commission, percentage, brokerage or contingent fee
SECTION 21. PROVISIONS APPLYING TO DEVELOPMENT, RENOVATION AND RESTORATION PROJECTS
The following provisions shall be in force only if the project described in this Agreement is for development, renovation and restoration
of land or facilities for outdoor recreation, habitat conservation, or salmon recovery
A Document Review and Approval The sponsor agrees to submit one copy of all development, renovation, restoration or
construction plans and specifications to RCO for review prior to implementation Review and approval by RCO will be for
compliance with the terms of this Agreement.
B Contracts for Development, Renovation or Restoration Sponsors must follow any applicable state and/or required federal
procurement procedures If such procedures do not apply, Sponsor must follow these minimum procedures (1) publish a notice
to the public requesting bids/proposals for the project (2) specify in the notice the date for submittal of bids/proposals (3)specify
in the notice the general procedure and cntena for selection, and (4) comply with the same legal standards regarding unlawful
discrimination based upon race, ethnicity, sex, or sex -orientation that are applicable to state agencies in selecting a bidder or
proposer This procedure creates no rights for the benefit of third parties, including any proposers, and may not be enforced or
subject to review of any kind or manner by any other entity other than the RCO Sponsors may be required to certify to the RCO
they have followed any applicable state and/or federal procedures or the minimum procedure where the former procedures do not
apply
C Contract Change Order Only change orders that impact the amount of funding or changes to the scope of the project as
described to and approved by the funding board or RCO must receive prior written approval
D Control and Tenure The sponsor must provide documentation that shows appropriate tenure (land owner Agreement, long term
lease Agreement easement, or fee simple ownership) for the land proposed for development, renovation or restoration The
documentation must meet current RCO requirements
E Nondiscrimination Except where a nondiscrimination clause required by a federal funding agency is used, the sponsor shall
insert the following nondiscrimination clause in each contract for construction of this project
"During the performance of this contract, the contractor agrees to comply with all
federal and state nondiscrimination laws, regulations and policies "
F Use of Best Management Practices Project sponsors are encouraged to use best management practices developed as part of
the Washington State Aquatic Habitat Guidelines (AHG) Program The best management practices are described in three
documents "Stream Habitat Restoration Guidelines Final Draft", 2004, "Design of Road Culverts for Fish Passage", 2003, and
"Integrated Streambank Protection Guidelines", 2002 These documents and other information can be found on the AHG website
SECTION 22. PROVISIONS APPLYING TO ACQUISITION PROJECTS
The following provisions shall be in force only if the project described in this Agreement is for the acquisition of interest in real property
(including easements) for outdoor recreation, habitat conservation, salmon recovery purposes, or farmland preservation
A Evidence of Land Value Before disbursement of funds by RCO as provided under this Agreement, the sponsor agrees to supply
documentation acceptable to RCO that the cost of the property rights acquired has been established according to funding board
policy
B Evidence of Title The sponsor agrees to provide documentation that shows the type of ownership interest for the property that
has been acquired This shall be done before any payment of financial assistance
C Legal Description of Real Property Rights Acquired The legal description of the real property rights purchased with funding
assistance provided through this project Agreement (and protected by a recorded conveyance of rights to the State of
Washington) shall be incorporated into the Agreement before final payment
•
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Chapter 79A.25 RCW, Chapter 286 WAC Page 11 of 16
PROJAGR RPT
D Conveyance of Rights to the State of Washington Document securing long-term rights for the State of Washington When real
property rights (both fee simple and lesser interests) are acquired, the sponsor agrees to execute an appropriate document
conveying certain rights and responsibilities to RCO, on behalf of the State of Washington These documents include a Deed of
• Right, Assignment of Rights, Easements and/or Leases The sponsor agrees to use document language provided by RCO, to
record the executed document in the County where the real property lies, and to provide a copy of the recorded document to
RCO The document required will vary depending on the project type, the real property rights being acquired and whether or not
those rights are being acquired in perpetuity
1 Deed of Right The Deed of Right conveys to the people of the state of Washington the right to preserve, protect, and/or
use the property for public purposes consistent with the fund source Sponsors shall use this document when acquiring real
property rights that include the underlying land This document may also be applicable for those easements where the
sponsor has acquired a perpetual easement for public purposes
2 Assignment of Rights The Assignment of Rights document transfers certain rights such as access and enforcement to
RCO Sponsors shall use this document when an easement or lease is being acquired for habitat conservation or salmon
recovery purposes The Assignment of Rights requires the signature of the underlying landowner and must be incorporated
by reference in the easement document
3 Easements and Leases The sponsor may incorporate required language from the Deed of Right or Assignment of Rights
directly into the easement or lease document, thereby eliminating the requirement for a separate document Language will
depend on the situation, sponsor must obtain RCO approval on the draft language prior to executing the easement or lease
E Real Property Acquisition and Relocation Assistance
1. When federal funds are part of this Agreement, the Sponsor agrees to comply with the terms and conditions of the Uniform
Relocation Assistance and Real Property Acquisition Policies Act of 1970, 84 Stat 1894 (1970)—Public Law 91-646, as
amended by the Surface Transportation and Uniform Relocation Assistance Act, PL 100-17-1987, and applicable regulations
and procedures of the federal agency implementing that Act
2 When state funds are part of this Agreement, the sponsor agrees to comply with the terms and conditions of the Uniform
Relocation Assistance and Real Property Acquisition Policy of the State of Washington, Chapter 8 26.010 RCW, and
Chapter 468-100 WAC
3 Housing and Relocation In the event that housing and relocation costs, as required by federal law set out in subsection (1)
above and/or state law set out in subsection (2) above, are involved in the execution of this project, the sponsor agrees to
provide any housing and relocation assistance required
F Buildings and Structures In general, grant funds are to be used for outdoor recreation, habitat conservation, or salmon recovery
Sponsors agree to remove or demolish ineligible structures Sponsors must consult RCO regarding compliance with section 9 -
Archaeological and Cultural Resources before structures are removed or demolished
G Archaeological and Cultural Resources The sponsor agrees that any real property interests acquired under this Agreement, if to
be subject to land disturbing activities in the future, is subject to Governor's Executive Order 05-05 or the National Preservation
HistoncAct (S 106) The sponsor further agrees that ground disturbing activity will not occur until RCO has been notified and
determines if a cultural resources review is needed
SECTION 23. RESTRICTION ON CONVERSION OF REAL PROPERTY AND/OR FACILITIES TO OTHER USES
The sponsor shall not at any time convert any real property or facility acquired, developed, and/or restored pursuant to this Agreement
to uses other than those purposes for which funds were approved without prior approval of the funding board in compliance with
applicable statutes, rules, and funding board policies It is the intent of the funding board's conversion policy, current or as amended
in the future, that all real property or facilities acquired, developed and/or restored with funding assistance remain in the public domain
in perpetuity unless otherwise identified in the Agreement or as approved by the funding board Determination of whether a
conversion has occurred shall be based upon applicable law and RCFB/SRFB policies
When a conversion has been determined to have occurred, the sponsor is required to remedy the conversion per established funding
board policies
SECTION 24. CONSTRUCTION, OPERATION, USE AND MAINTENANCE OF ASSISTED PROJECTS
For acquisition, development, renovation and restoration projects, sponsors must ensure that properties or facilities assisted with
funding board funds, including undeveloped sites, are built, operated, used, and maintained:
A According to applicable federal, state, and local laws and regulations, including public health standards and budding codes
B In a reasonably safe condition for the project's intended use
C Throughout its estimated life so as to prevent undue deterioration
D In compliance with all federal and state nondiscrimination laws, regulations and policies
C
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For acquisition, development, renovation and restoration protects, facilities open and accessible to the general public must
E Be constructed and maintained to meet or exceed the minimum requirements of the most current local or state codes, Uniform
Federal Accessibility Standards, guidelines, or rules, including but not limited to the International Budding Code, the Americans
with Disabilities Act, and the Architectural Barriers Act, as updated
F Appear attractive and inviting to the public except for brief installation, construction, or maintenance penods
G Be available for use by the general public without reservation at reasonable hours and times of the year, according to the type of
area or facility
SECTION 25. INCOME AND INCOME USE
A Income
Compatible source The source of any income generated in a funded protect or protect area must be compatible with the
funding source and the Agreement
Fees User and/or other fees may be charged in connection with land acquired or facilities developed with funding board
grants if the fees are consistent with the
(a) Value of any service(s) furnished,
(b) Value of any opportunities furnished, and
(c) Prevailing range of public fees in the state for the activity involved
Excepted are Firearms and Archery Range Recreation Program safety classes (firearm and/or hunter) for which a
facility/range fee must not be charged (Chapter 79A 25 210 RCW)
B Income use Regardless of whether income or fees in a protect work site (including entrance, utility corridor permit, cattle grazing,
timber harvesting, farming, etc ) are gained during or after the reimbursement period cited in the Agreement, unless precluded by
state or federal law, the revenue may only be used to offset
1 The sponsor's matching funds,
2 The project's total cost,
3 The expense of operation, maintenance, stewardship, monitoring, and/or repair of the facility or program assisted by the
funding board grant,
4 The expense of operation, maintenance, stewardship, monitoring, and/or repair of other similar units in the sponsor's
system, and/or
5 Capital expenses for similar acquisition and/or development
SECTION 26. PREFERENCES FOR RESIDENTS
Sponsors shall not express a preference for users of grant assisted projects on the basis of residence (including preferential
reservation, membership, and/or permit systems) except that reasonable differences in admission and other fees may be maintained
on the basis of residence Even so, the funding board discourages the imposition of differential fees Fees for nonresidents must not
exceed twice the fee imposed on residents Where there is no fee for residents but a fee is charged to nonresidents, the nonresident
fee shall not exceed the amount that would be imposed on residents at comparable state or local public facilities
SECTION 27. PROVISIONS RELATED TO CORPORATE (INCLUDING NONPROFIT) SPONSORS
A corporate sponsor, including any nonprofit sponsor, shall
A Maintain corporate status with the state, including registering with the Washington Secretary of State's office, throughout the
sponsor's obligation to the protect as identified in the Agreement
B Notify RCO pnor to corporate dissolution Within 30 days of dissolution the sponsor shall name a qualified successor that will
agree in writing to assume any on-going protect responsibilities A qualified successor is any party eligible to apply for funds in
the subject grant program and capable of complying with the terms and conditions of this Agreement RCO will process an
amendment transferring the sponsor's obligation to the qualified successor if requirements are met
C Sites or facilities open to the public may not require exclusive use, (e g , members only)
SECTION 28. LIABILITY INSURANCE REQUIREMENTS FOR FIREARMS AND ARCHERY RANGE SPONSORS
A The sponsor of a firearms or archery range recreation protect shall procure an endorsement, or other addition, to liability
insurance it may currently carry, or shall procure a new policy of liability insurance, in a total coverage amount the sponsor
deems adequate to ensure it will have resources to pay successful claims of persons who may be killed or injured, or suffer
damage to property, while present at the range facility to which this grant is related, or by reason of being in the vicinity of that
facility, provided that the coverage shall be at least one million dollars ($1,000,000) for the death of, or injury to, each person.
B The liability insurance policy, including any endorsement or addition, shall name Washington State, the funding board, and RCA
as additional insured and shall be in a form approved by the funding board or director
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C The policy, endorsement or other addition, or a similar liability insurance policy meeting the requirements of this section, shall be
kept in force throughout the sponsor's obligation to the project as identified in this Agreement
D The policy, as modified by any endorsement or other addition, shall provide that the issuing company shall give written notice to
RCO not less than thirty (30) calendar days in advance of any cancellation of the policy by the insurer, and within ten (10)
calendar days following any termination of the policy by the sponsor.
E The requirement of Subsection A through D above shall not apply if the sponsor is a federal, state, or municipal government
which has established a program of self-insurance or a policy of self-insurance with respect to claims ansing from its facilities or
activities generally, including such facilities as firearms or archery ranges, when the applicant declares and describes that
program or policy as a part of its application to the funding board
F By this requirement, the funding board and RCO does not assume any duty to any individual person with respect to death, injury,
or damage to property which that person may suffer while present at, or in the vicinity of, the facility to which this grant relates
Any such person, or any other person making claims based on such death, injury, or damage, must look to the sponsor, or
others, for any and all remedies that may be available by law
SECTION 29. REQUIREMENTS OF THE NATIONAL PARK SERVICE
If the project has been approved by the National Park Service, US Department of the Interior, for funding assistance from the federal
Land and Water Conservation Fund (LWCF), the "Protect Agreement General Provisions" in the LWCF State Assistance Program
Federal Financial Assistance Manual are also made part of this Agreement The sponsor shall abide by these LWCF General
Provisions, in addition to this Agreement, as they now exist or are hereafter amended Further, the sponsor agrees to provide RCO
with reports or documents needed to meet the requirements of the LWCF General Provisions
SECTION 30. FARMLAND PRESERVATION ACCOUNT
For projects funded through the Washington Wildlife and Recreation Program Farmland Preservation Account, the following sections
will not apply if covered separately in a recorded RCO approved Agricultural Conservation Easement.
• Section 8 - Acknowledgement and Signs,
• Section 10 - Hazardous Substances,
• Section 14 - Stewardship and Monitoring
• Section 22 - Provisions Applying to Acquisition Projects, Sub -sections F and G
• Section 23 - Restriction on Conversion of Real Property and/or Facilities to Other Uses, and
• Section 24 - Construction, Operation, Use and Maintenance of Assisted Projects, Sub -sections E, F, and G
• Section 25 - Income and Income Use
SECTION 31. ORDER OF PRECEDENCE
This Agreement is entered into, pursuant to, and under the authority granted by applicable federal and state laws The provisions of
the Agreement shall be construed to conform to those laws In the event of an inconsistency in the terms of this Agreement, or
between its terms and any applicable statute, rule, or policy or procedure, the inconsistency shall be resolved by giving precedence in
the following order
A Applicable federal and/or state statutes, regulations, policies and procedures including RCO/funding board policies and
procedures, applicable federal Office of Management and Budget (OMB) circulars and federal and state executive orders,
B Project agreement including attachments,
C Special Conditions,
D Standard Terms and Conditions of the Project Agreement
SECTION 32. AMENDMENTS
Amendments to this Agreement shall be binding only if in writing and signed by personnel authorized to bind each of the parties
except period of performance extensions and minor scope adjustments need only be signed by RCO's director or designee
SECTION 33. LIMITATION OF AUTHORITY
Only RCO or RCO's delegate by writing (delegation to be made prior to action) shall have the express, implied, or apparent authority
to alter, amend, modify, or waive any clause or condition of this Agreement Furthermore, any alteration, amendment, modification, or
waiver of any clause or condition of this Agreement is not effective or binding unless made in writing and signed by RCO
SECTION 34. WAIVER OF DEFAULT
Waiver of any default shall not be deemed to be a waiver of any subsequent default Waiver or breach of any provision of the
Agreement shall not be deemed to be a waiver of any other or subsequent breach and shall not be construed to be a modification of
the terms of the Agreement unless stated to be such in writing, signed by the director, or the director's designee, and attached to the
original Agreement
SECTION 35. APPLICATION REPRESENTATIONS -- MISREPRESENTATIONS OR INACCURACY OR BREACH
•The funding board and RCO rely on the sponsor's application in making its determinations as to eligibility for, selection for, and scope
of, funding grants Any misrepresentation, error or inaccuracy in any part of the application may be deemed a breach of this
Agreement
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PROJAGR RPT
SECTION 36. SPECIFIC PERFORMANCE
The funding board and RCO may enforce this Agreement by the remedy of specific performance, which usually will mean completion
of the protect as described in this Agreement However, the remedy of specific performance shall not be the sole or exclusive remedy
available to RCO. No remedy available to the funding board or RCO shall be deemed exclusive The funding board or RCO may elect
to exercise any, a combination of, or all of the remedies available to it under this Agreement, or under any provision of law, common
law, or equity
SECTION 37. TERMINATION
The funding board and RCO will require strict compliance by the sponsor with all the terms of this Agreement including, but not limited
to, the requirements of the applicable statutes, rules and all funding board and RCO policies, and with the representations of the
sponsor in its application for a grant as finally approved by the funding board
A For Cause The funding board or the director may suspend or terminate the obligation to provide funding to the sponsor under
this Agreement
i In the event of any breach by the sponsor of any of the sponsor's obligations under this Agreement, or
u If the sponsor fails to make progress satisfactory to the funding board or director toward completion of the project by the
completion date set out in this Agreement Included in progress is adherence to milestones and other defined deadlines
In the event this Agreement is terminated by the funding board or director, under this section or any other section after any
portion of the grant amount has been paid to the sponsor under this Agreement, the funding board or director may require that
any amount paid be repaid to RCO for redeposit into the account from which the funds were derived
Non Availability of Funds The obligation of the RCO to make payments is contingent on the availability of state and federal funds
through legislative appropriation and state allotment If amounts sufficient to fund the grant made under this Agreement are not
appropriated to RCO for expenditure for this Agreement in any biennial fiscal period, RCO shall not be obligated to pay any
remaining unpaid portion of this grant unless and until the necessary action by the Legislature or the Office of Financial
Management occurs If RCO participation is suspended under this section for a continuous period of one year, RCO's obligation
to provide any future funding under this Agreement shall terminate Termination of the Agreement under this section is not
subject to appeal by the sponsor
C For Convemence Except as otherwise provided in this Agreement, RCO may, by ten (10) days written notice, beginning on the
second day after the mailing, terminate this Agreement, in whole or in part If this Agreement is so terminated, RCO shall be liable
only for payment required under the terms of this Agreement for services rendered or goods delivered prior to the effective date of
termination
SECTION 38. DISPUTE HEARING
Except as may otherwise be provided in this Agreement, when a dispute arises between the sponsor and the funding board, which
cannot be resolved, either party may request a dispute hearing according to the process set out in this section Either party's request
for a dispute hearing must be in writing and clearly state
A The disputed issues,
B The relative positions of the parties,
C The sponsor's name, address, project title, and the assigned project number
In order for this section to apply to the resolution of any specific dispute or disputes, the other party must agree in writing that the
procedure under this section shall be used to resolve those specific issues The dispute shall be heard by a panel of three persons
consisting of one person chosen by the sponsor, one person chosen by the director, and a third person chosen by the two persons
initially appointed If a third person cannot be agreed on, the third person shall be chosen by the funding board's chair
Any hearing under this section shall be informal, with the specific processes to be determined by the disputes panel according to the
nature and complexity of the issues involved The process may be solely based on written material if the parties so agree The
disputes panel shall be governed by the provisions of this Agreement in deciding the disputes
The parties shall be bound by the decision of the disputes panel, unless the remedy directed by that panel shall be without the
authority of either or both parties to perform, as necessary, or is otherwise unlawful
Request for a disputes hearing under this section by either party shall be delivered or mailed to the other party The request shall be
delivered or mailed within thirty (30) days of the date the requesting party has received notice of the action or position of the other
party which it wishes to dispute The written Agreement to use the process under this section for resolution of those issues shall be
delivered or mailed by the receiving party to the requesting party within thirty (30) days of receipt by the receiving party of the request
All costs associated with the implementation of this process shall be shared equally by the parties
SECTION 39. ATTORNEYS' FEES
In the event of litigation or other action brought to enforce contract terms, each party agrees to bear its own attorney fees and costs
SECTION 40. GOVERNING LAWNENUE
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Chapter 79A 25 RCW, Chapter 286 WAC
Page 15 of 16
PROJAGR RPT
This Agreement shall be construed and interpreted in accordance with the laws of the State of Washington In the event of a lawsuit
involving this Agreement, venue shall be in Thurston County Superior Court if legally proper, otherwise venue shall be in a county
where the project is situated The sponsor, by execution of this Agreement acknowledges the jurisdiction of the courts of the State of
•Washington
In the cases where this Agreement is between the funding board and a federally recognized Indian Tribe, the following governing
law/venue applies
A Notwithstanding the above venue provision, if the State of Washington intends to initiate a lawsuit against a federally recognized
Indian tribe relating to the performance, breach or enforcement of this Agreement, it shall so notify the Tribe If the Tribe believes
that a good faith basis exists for subject matterjunsdiction of such a lawsuit in federal court, the Tribe shall so notify the State
within five days of receipt of such notice and state the basis for such jurisdiction If the Tribe so notifies the State, the State shall
bring such lawsuit in federal court, otherwise the State may sue the Tribe in the Thurston County Superior Court Interpretation of
the Agreement shall be according to applicable State law, except to the extent preempted by federal or tnbal law In the event
suit is brought in federal court and the federal court determines that it lacks subject matter jurisdiction to resolve the dispute
between the State and Tribal Party, then the parties agree to venue in Thurston County Superior Court
B Any judicial award, determination, order, decree or other relief, whether in law or equity or otherwise, resulting from such a
lawsuit shall be binding and enforceable on the parties Any money judgment or award against a Tribe, tribal officers and
members, or the State of Washington and its officers and employees may exceed the amount provided for in Section F- Project
Funding of the Agreement in order to satisfy the judgment
C The Tribe hereby waives its sovereign immunity to legal actions as may be brought pursuant to this section, and to the
enforcement of any judgment from such legal actions This waiver is not for the benefit of any third party and shall not be
enforceable by any third party or by any assignee of the parties In any enforcement action, the parties shall bear their own
enforcement costs, including attomeys' fees
SECTION 41. SEVERABILITY
The provisions of this Agreement are intended to be severable If any term or provision is illegal or invalid for any reason whatsoever,
such illegality or invalidity shall not affect the validity of the remainder of the Agreement
•
•
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Chapter 79A 25 RCW, Chapter 286 WAC Page 16 of 16
PROJAGR RPT
LAND AND WATER CONSERVATION FUND
PROJECT AGREEMENT GENERAL PROVISIONS
Part I - Definitions
A. The term "NPS" or "Service" as used herein means the National Park Service, United States Department of the
Interior.
B. The term "Director" as used herein means the Director of the National Park Service, or any representative lawfully
delegated the authority to act for such Director.
C. The term "Manual" as used herein means the Land and Water Conservation Fund Grants Manual (NPS -34).
D. The term "project" as used herein means a single project, a consolidated grant, a project element of a consolidated
grant, or project stage which is subject to the project agreement.
E. The term "State" as used herein means the State or Territory which is a party to the project agreement, and, where
applicable, the political subdivision or public agency to which funds are to be transferred pursuant to this agreement.
Wherever a term, condition, obligation, or requirement refers to the State, such term, condition, obligation, or
requirement shall also apply to the recipient political subdivision or public agency, except where it is clear from the
nature of the term, condition, obligation, or requirement that it is to apply solely to the State. For purposes of these
provisions, the terms "State," "grantee," and "recipient" are deemed synonymous.
F. The term "Secretary" as used herein means the Secretary of the Interior, or any representative lawfully delegated the
authority to act for such Secretary.
Part II - Continuing Assurances
0
The parties to the project agreement specifically recognize that the Land and Water Conservation Fund assistance project
creates an obligation to maintain the property described in the project agreement consistent with the Land and Water is
Conservation Fund Act and the following requirements.
Further, it is the acknowledged intent of the parties hereto that recipients of assistance will use moneys granted hereunder for
the purposes of this program, and that assistance granted from the Fund will result in a net increase, commensurate at least
with the Federal cost -share, in a participant's outdoor recreation. It is intended by both parties hereto that assistance from the
Fund will be added to, rather than replace or be substituted for, State and local outdoor recreation funds.
A. The State agrees, as recipient of this assistance, that it will meet the following specific requirements and that it will
further impose these requirements, and the terms of the project agreement, upon any political subdivision or public
agency to which funds are transferred pursuant to the project agreement. The State also agrees that it shall be
responsible for compliance with the terms of the project agreement by such a political subdivision or public agency and
that failure by such political subdivision or public agency to so comply shall be deemed a failure by the State to comply
with the terms of this agreement.
B. The State agrees that the property described in the project agreement and the signed and dated project boundary map
made part of that agreement is being acquired or developed with Land and Water Conservation Fund assistance, or is
integral to such acquisition or development, and that, without the approval of the Secretary, it shall not be converted to
other than public outdoor recreation use but shall be maintained in public outdoor recreation in perpetuity or for the
term of the lease in the case of leased property. The Secretary shall approve such conversion only if it is found to be in
accord with the then existing comprehensive statewide outdoor recreation plan and only upon such conditions deemed
necessary to assure the substitution of other recreation properties of at least equal fair market value and of reasonably
equivalent usefulness and location. This replacement land becomes subject to Section 6(f)(3) protection. The approval
of a conversion shall be at the sole discretion of the Secretary, or his designee. Prior to the completion of this project,
the State and the Director may mutually alter the area described in the project agreement and the signed and dated
project boundary map to provide the most satisfactory public outdoor recreation unit, except that acquired parcels are
1 0
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afforded Section 6(f)(3) protection as Fund reimbursement is provided.
• In the event the NPS provides Land and Water Conservation Fund assistance for the acquisition and/or development of
property subject to reversionary interests with full knowledge of those reversionary interests, conversion of said
property to other than public outdoor recreation uses as a result of such reversionary interest being exercised is
approved. In receipt of this approval, the State agrees to notify the Service of the conversion as soon as possible and to
seek approval of replacement property in accord with the conditions set forth in these provisions. The State further
agrees to effectuate such replacement within a reasonable period of time, acceptable to the Service, after the conversion
of property takes place. The provisions of this paragraph are also applicable to: leased properties acquired and/or
developed with Fund assistance where such lease is terminated prior to its full term due to the existence of provisions
in such lease known and agreed to by the Service; and properties subject to other outstanding rights and interests that
may result in a conversion when known and agreed to by the Service.
C. The State agrees that the benefit to be derived by the United States from the full compliance by the State with the terms
of this agreement is the preservation, protection, and the net increase in the quality of public outdoor recreation
facilities and resources which are available to the people of the State and of the United States, and such benefit exceeds
to an immeasurable and unascertainable extent the amount of money furnished by the United States by way of
assistance under the terms of this agreement. The State agrees that payment by the State to the United States of an
amount equal to the amount of assistance extended under this agreement by the United States would be inadequate
compensation to the United States for any breach by the State of this agreement. The State further agrees, therefore,
that the appropriate remedy in the event of a breach by the State of this agreement shall be the specific performance of
this agreement.
D. The State agrees to comply with the policies and procedures set forth in the Land and Water Conservation Fund
Manual. Provisions of said Manual are incorporated into and made a part of the project agreement.
E. The State agrees that the property and facilities described in the project agreement shall be operated and maintained as
prescribed by Manual requirements.
F. The State agrees that a permanent record shall be kept in the participant's public property records and available for
public inspection to the effect that the property described in the scope of the project agreement, and the signed and
dated project boundary map made part of that agreement, has been acquired or developed with Land and Water
Conservation Fund assistance and that it cannot be converted to other than public outdoor recreation use without the
written approval of the Secretary of the Interior.
G. Nondiscrimination
1. By signing the LWCF agreement, the State certifies that it will comply with all Federal laws relating to
nondiscriminatior as outlined in the Civil Rights Assurance appearing at Part III -I herein.
2. The State shall not discriminate against any person on the basis of residence, except to the extent that reasonable
differences in admission or other fees may be maintained on the basis of residence as set forth in the Manual.
Part III - Project Assurances
A. Applicable Federal Circulars
The State shall comply with applicable regulations, policies, guidelines and requirements including OMB Circular A-
102 (Uniform Administrative Requirements for Grants and Cooperative Agreaments to State ' nd Local Governmants),
43 CFR Part 12 Administrative and Audit Repuirements a.d ost Principles for Assistance Progpams, Department of
the Interior), A-87 (Cost Principles for State and Local Governments), and A-128 (Audits of State and Local
Government) as they relate to the application, acceptance and use of Federal funds for this federally assisted project.
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B. Project Application
1. The Application for Federal Assistance bearing the same project number as the agreement and associated
documents is by this reference made a part of the agreement.
2. The State possesses legal authority to apply for the grant, and to finance and construct the proposed facilities. A
resolution, motion or similar action has been duly adopted or passed authorizing the filing of the application,
including all understandings and assurances contained herein, and directing and authorizing the person identified
as the official representative of the State to act in connection with the application and to provide such additional
information as may be required.
3. The State has the ability and intention to finance the non -Federal share of the costs for the project. Sufficient
funds will be available to assure effective operation and maintenance of the facilities acquired or developed by
the project.
C. Project Execution
1. The project period shall begin with the date of approval of the project agreement or the effective date of a waiver
of retroactivity and shall terminate at the end of the stated or amended project period unless the project is
completed or terminated sooner in which event the project shall end on the date of completion or termination.
For project elements added to a consolidated grant, the project period will begin on the date the project element
is approved.
2. The State shall transfer to the project sponsor identified in the Application for Federal Assistance or the
Description and Notification Form all funds granted hereunder except those reimbursed to the State to cover
administrative expenses.
3. The State will cause work on the project to be commenced within a reasonable time after receipt of notification
that funds have been approved and assure that the project will be prosecuted to completion with reasonable
diligence.
4. The State will require the facility to be designed to comply with the Architectural Barriers Act of 1968 (Public
Law 90-480) and DOI Section 504 Regulations (43 CFR Part 17). The State will be responsible for conducting
inspections to insure compliance with these specifications by the contractor.
5. The State shall secure completion of the work in accordance with approved construction plans and specifications,
and shall secure compliance with all applicable Federal, State, and local laws and regulations.
6. In the event the project covered by the project agreement, including future stages of the project, cannot be
completed in accordance with the plans and specifications for the project; the State shall bring the project to a
point of recreational usefulness agreed upon by the State and the Director or his designee.
7. The State will provide for and maintain competent and adequate architectural/engineering supervision and
inspection at the construction site to insure that the completed work conforms with the approved plans and
specifications; that it will furnish progress reports and such other information as the NPS may require.
8. The State will comply with the terms of Title H and Title III, the Uniform Relocation Assistance and Real
Property Acquisition Policies Act of 1970 (P.L. 91-646), 94 Stat. 1894 (1970), and the applicable regulations
and procedures implementing such Act for all real property acquisitions and where applicable shall assure that
the Act has been complied with for property to be developed with assistance under the project agreement.
9. The State will comply with the provisions of. Executive Order 11988, relating to evaluation of flood hazards;
Executive Order 11288, relating to the prevention, control, and abatement or water pollution, and Executive
Order 11990 relating to the protection of wetlands.
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•
10. The State will comply with the flood insurance purchase requirements of Section 102(a) of the Flood Disaster
• Protection Act of 1973, Public Law 93-234, 87 Stat. 975, approved December 31, 1976. Section 102(a)
requires the purchase of flood insurance in communities where such insurance is available, as a condition for the
receipt of any Federal financial assistance for construction or acquisition purposes, for use in any area that has
been identified as an area having special flood hazards by the Flood Insurance Administration of the Federal
Emergency Management Agency. The phrase "Federal financial assistance" includes any form of loan, grant,
guaranty, insurance payment, rebate, subsidy, disaster assistance loan or grant, or any other form of direct or
indirect Federal assistance.
11. The State will insure that the facilities under its ownership, lease or supervision which shall be utilized in the
accomplishment of the project are not listed on the Environmental Protection Agency's (EPA) list of Violating
Facilities, pursuant to 40 CFR, Part 15.20 and that it will notify the NPS of the receipt of any communication
from the Director of the EPA Office of Federal Activities indicating that a facility to be utilized in the project is
under consideration for listing by the EPA. The State agrees to comply with all applicable standards, orders, or
regulations issued pursuant to the Clean Air Act of 1970. The State further agrees to insert this clause into any
contract or subcontract in excess of $100,000.
12. The State will assist the NPS in its compliance with Section 106 of the National Historic Preservation Act of
1966 as amended (16 U.S.C. 470), Executive Order 11593, and the Archaeological and Historic Preservation
Act of 1966 (16 U.S.C. 469a-1 et seq.) by (a) consulting with the State Historic Preservation Officer on the
conduct of investigations, as necessary, to identify properties listed in or eligible for inclusion in the National
Register of Historic Places that are subject to effects (see CFR Part 800.8) by the activity, and notifying the
Federal grantor agency of the existence of any such properties, and by (b) complying with all requirements
established by the Federal grantor agency to avoid or mitigate adverse effects upon such properties.
13. The State will comply with Executive Order 12432, "Minority Business Enterprise Development as follows:
(1) Place minority business firms on bidder's mailing lists.
(2) Solicit these firms whenever they are potential sources of supplies, equipment, construction, or services.
(3) Where feasible, divide total requirements into smaller needs, and set delivery schedules that will encourage
participation by these firms.
(4) For any project involving $500,000 or more in grant assistance (except for projects involving acquisition
only) the State or recipient shall submit, prior to the commencement of construction and every fiscal year
quarter thereafter until project completion, reports documenting the efforts to hire minority business firms.
These reports, SF 334, will be submitted one month following the end of each fiscal quarter (i.e., January
31, April 30, July 31, and October 31) to the appropriate National Park Service Regional Office.
(5) The Department of the Interior is committed to the objectives of this policy and encourages all recipients of
its grants and cooperative agreements to take affirmative steps to ensure such fairness.
The National Park Service Regional Offices will work closely with the States to ensure full compliance and that
grant recipients take affirmative action in placing a fair share of purchases with minority business firms.
14. The State will comply with the intergovernmental review requirements of Executive Order 12372.
D. Construction Contracted for by the State Shall Meet the Following Requirements:
1. Contracts for construction shall comply with the provisions of 43 CFR Part 12 (Administrative and Audit
Requirements and Cost Principles for Assistance Programs, Department of the Interior).
2. No grant or contract may be awarded by any grantee, subgrantee or contractor of any grantee or subgrantee to
• any party which has been debarred or suspended under Executive Order 12549. By signing the LWCF
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agreement, the State certifies that it will comply with debarment and suspension provisions appearing at Part III -J
herein. 0
3. In accordance with the "Stevens Amendment" (to Section 623 of the Treasury, Postal Service and General
Government Appropriations Act), for procurement of goods and services (including construction services)
having an aggregate value of $500,000 or more, the amount and percentage (of total costs) of federal funds
involved must be specified in any announcement of the awarding of a contract.
E. Retention and Custodial Requirements for Records
1. Financial records, supporting documents, statistical records, and all other records pertinent to this grant shall be
retained in accordance with 43 CFR Part 12 for a period of three years; except the records shall be retained
beyond the three-year period if audit findings have not been resolved.
2. The retention period starts from the date of the final expenditure report for the project or the consolidated project
element.
3. State and local governments are authorized to substitute microfilm copies in lieu of original records.
4. The Secretary of the Interior and the Comptroller General of the United States, or any of their duly authorized
representatives, shall have access to any books, documents, papers, and records of the State and local
governments and their subgrantees which are pertinent to a specific project for the purpose of making audit,
examination, excerpts and transcripts.
F. Project Termination
1. The Director may temporarily suspend Federal assistance under the project pending corrective action by the
State or pending a decision to terminate the grant by the Service.
2. The State may unilaterally terminate the project or consolidated project element at any time prior to the first
payment on the project or consolidated project element. After the initial payment, the project may be
terminated, modified, or amended by the State only by mutual agreement.
3. The Director may terminate the project in whole, or in part, at any time before the date of completion, whenever
it is determined that the grantee has failed to comply with the conditions of the grant. The Director will promptly
notify the State in writing of the determination and the reasons for the termination, together with the effective
date. Payments made to States or recoveries by the Service under projects terminated for cause shall be in
accord with the legal rights and liabilities of the parties.
4. The Director or State may terminate grants in whole, or in part at any time before the date of completion, when
both parties agree that the continuation of the project would not produce beneficial results commensurate with the
further expenditure of funds. The two parties shall agree upon the termination conditions, including the effective
date and, in the case of partial termination, the portion to be terminated. The grantee shall not incur new
obligations for the terminated portion after the effective date, and shall cancel as many outstanding obligations as
possible. The NPS may allow full credit to the State for the Federal share of the noncancelable obligations,
properly incurred by the grantee prior to termination.
5. Termination either for cause or for convenience requires that the project in question be brought to a state of
recreational usefulness agreed upon by the State and the Director or that all funds provided by the National Park
Service be returned.
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G. Lobbying with Appropriated Funds
The State must certify, for the award of grants exceeding $100,000 in Federal assistance, that no Federally appropriated funds
have been paid or will be paid, by or on behalf of the State, to any person for influencing or attempting to influence an officer
or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of
Congress in connection with the awarding, extension, continuation, renewal, amendment, or modification of this grant. In
compliance with Section 1352, title 31, U.S. Code, the State certifies, as follows:
The undersigned certifies, to the best of his or her knowledge and belief, that:
(1) No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for
influencing or attempting to influence an officer or employee of an agency, a Member of Congress, and officer or employee of
Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of
any federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension,
continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement.
(2) If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or
attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or
an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the
undersigned shall complete and submit Standard Form -LLL, "Disclosure Form to Report Lobbying, " in accordance with its
instructions.
(3) The undersigned shall require that the language of this certification be included in the award documents for all subawards
at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all
subrecipients shall certify accordingly.
This certification is a material representation of fact upon which reliance was placed when this transaction was made or
• entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section
1352, title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less
than $10, 000 and not more than $100, 000 for each such failure.
H. Provision of a Drug -Free Workplace
In compliance with the Drug -Free Workplace Act of 1988 (43 CFR Part 12, Subpart D), the State certifies, as follows:
The grantee certifies that it will or continue to provide a drug-free workplace by:
(a) Publishing a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a
controlled substance is prohibited in the grantee's workplace and specifying the actions that will be taken against employees
for violation of such prohibition;
(b) Establishing an ongoing drug-free awareness program to inform employees about:
(1) The dangers of drug abuse in the workplace;
(2) The grantee's policy of maintaining a drug-free workplace;
(3) Any available drug counseling, rehabilitation, and employee assistance programs; and
(4) The penalties that may be imposed upon employees for drug abuse violations occurring in the workplace;
(c) Making it a requirement that each employee to be engaged in the performance of a grant be given a copy of the statement
required by paragraph (a);
(d) Notifying the employee in the statement required by paragraph (a) that, as a condition of employment under the grant, the
employee will:
• (1) Abide by the terms of the statement; and
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(2) Notify the employer in writing of his or her conviction for a violation of a criminal drug statute occurring in the
workplace no later than five calendar days after such conviction; 0
(e) Notifying the agency in writing, within ten calendar days after receiving notice under subparagraph (d)(2) from an
employee or otherwise receiving actual notice of such conviction. Employers of convicted employees must provide notice,
including position title, to every grant officer on whose grant activity the convicted employee was working, unless the Federal
agency has designated a central point for the receipt of such notices. Notice shall include the identification number(s) of each
affected grant;
(0 Taking one of the following actions, within 30 calendar days of receiving notice under subparagraph (d)(2), with respect to
any employee who is so convicted;
(1) Taking appropriate personnel action against such an employee, up to and including termination, consistent with the
requirements of the Rehabilitation Act of 1973, as amended; or
(2) Requiring such employee to participate satisfactorily in a drug abuse assistance or rehabilitation program approved
for such purposes by a Federal, State, or local health, law enforcement, or other appropriate agency;
(g) Making a good faith effort to continue to maintain a drug-free workplace through implementation of paragraphs (a), (b),
(c), (d), (e) and (0.
The State must include with its application for assistance a specification of the site(s) for the performance of work to be done
in connection with the grant.
I. Civil Rights Assurance
The State certifies that, as a condition to receiving any Federal assistance from the Department of the Interior, it will comply
with all Federal laws relating to nondiscrimination. These laws include, but are not limited to: (a) Title VI of the Civil Rights
Act of 1964 (42 U.S.C. 2000d-1), which prohibits discrimination on the basis of race, color, or national origin; (b) Section
504 of the Rehabilitation Act of 1973, as amended (29 U.S. C. 794), which prohibits discrimination on the basis of handicap;
(c) the Age Discrimination Act of 1975, as amended (42 U.S. C. 6101 et. seq.), which prohibits discrimination on the basis of
age; and applicable regulatory requirements to the end that no person in the United States shall, on the grounds of race,
color, national origin, handicap or age, be excluded from participation in, be denied the benefits of, or be otherwise subjected
to discrimination under any program or activity conducted by the applicant. THE APPLICANT HEREBY GIVES
ASSURANCE THAT it will immediately take any measures necessary to effectuate this agreement.
THIS ASSURANCE shall apply to all aspects of the applicant's operations including those parts that have not received or
benefited from Federal financial assistance.
If any real property or structure thereon is provided or improved with the aid of Federal financial assistance extended to the
Applicant by the Department, this assurance shall obligate the Applicant, or in the case of any transfer of such property, any
transferee, for the period during which it retains ownership or possession of the property. In all other cases, this assurance
shall obligate the Applicant for the period during which the Federal financial assistance is extended to it by the Department.
THIS ASSURANCE is given in consideration of and for the purpose of obtaining any and all Federal grants, loans, contracts,
property, discounts or other Federal financial assistance extended after the date hereof to the Applicant by the Department,
including installment payments after such date on account of applications for Federal financial assistance which were
approved before such date.
The Applicant recognizes and agrees that such Federal financial assistance will be extended in reliance on the representations
and agreements made in this assurance, and that the United State shall have the right to seek judicial enforcement of this
assurance. This assurance is binding on the Applicant, its successors, transferees, assignees, and subrecipients and the
person whose signature appears on the grant agreement and who is authorized to sign on behalf of the Applicant.
0
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J. Debarment and Suspension
. Certification Regarding Debarment, Suspension and Other
Responsibility Matters - Primary Covered Transactions
•
(1) The prospective primary participant certifies to the best of its knowledge and belief, that it and its principals:
(a) Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from
covered transactions by any Federal department or agency;
(b) Have not within a three-year period preceding this proposal been convicted of or had a civil judgment rendered
against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a
public (Federal, State or local) transaction or contract under a public transaction; violation of Federal or State antitrust
statutes or commission or embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statement,
or receiving stolen property;
(c) Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, State or
local) with commission of any of the offenses enumerated in paragraph (1) (b) of this certification; and
(d) Have not within a three-year period preceding this application/proposal had one or more public transactions
(Federal, State or local) terminated for cause or default.
(2) Where the prospective primary participant is unable to certify to any of the statements in this certification, such prospective
participant shall attach an explanation to this proposal.
The State further agrees that it will include the clause "Certification Regarding Debarment, Suspension, Ineligibility and
Voluntary Exclusion - Lower Tier Covered Transactions" appearing below in any agreement entered into with lower tier
participants in the implementation of this grant. Department of Interior Form 1954 (DI -1954) may be used for this purpose.
Certification Regarding Debarment, Suspension, Ineligibility
and Voluntary Exclusion - Lower Tier Covered Transactions
(1) The prospective lower tier participant certifies, by submission of this application that neither it nor its principals is
presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this
transaction by any Federal department or agency.
(2) Where the prospective lower tier participant is unable to certify to any of the statements in this certification, such
prospective participant shall attach an explanation to this application.
3/95
Eligible Scope Activities
Project Sponsor: City of Port Angeles Project Number: 11-1195
Project Title: Shane Park Playground Project Type: Development
Program: Land and Water Conservation Approval: 6/4/2012
Project Metrics
Sites Improved
Project acres developed 000
Project acres renovated 015
Development Metrics
Worksite #1, Shane Park
General Site Improvements
Develop pathstwalkways
Select the surface of the path/walkway
Linear feet of path/walkway
Walkway lighting provided (yes/no)
Number of walkway bridges
Install signs/kiosk
Number of kiosks
Number of interpretive signs/displays
Number of permanent entrance signs
Number of electronic signs
Landscaping improvements
Acres of landscaped area
Select the landscape features
Play Areas
Playground development
Number of play areas
Number of climbing walls/rocks
Select the play area surface material type*
Site Preparation
General site preparation
Cultural Resources
Cultural resources
Permits
Obtain permits
Asphalt
550
This is an estimate until we get official
drawings back from architect There
may be additional improvements
depending on ADA requirements
Yes
Walkway lighting currently exists in this
area
0 new, 0 renovated
0 new, 0 renovated
0 new, 0 renovated
0 new, 0 renovated
0 new, 0 renovated
1 07
107 includes brushing that will be done
around the surrounding area and the
excavation for the playground structure
Drainage, Grass/turf, Native vegetation,
Trees/shrubs
1 new, 0 renovated
1 new, 0 renovated
Rubber matting/tiles
Will be an additional ADA compliant
asphalt sidewalk added to the project
No trails
Buidding Permit which will ,be obtained
by the City of Port Angeles
ELIGREIM RPT August 17, 2012 Page
•
•
Eligible Scope Activities
Architectural `& Engineering
• Architectural & Engineering (A&E)
•
L'
ELIGREIM RPT August 17, 2012 Page
Milestone Report By Project
Project Number: 11-1195 D
Project Name: Shane Park Playground
Sponsor: PortAngeles City of
Project Manager: Sarah Thirtyacre
x
Milestone
Target ..Comments/Description
X
Design Initiated
01/01/2012
X
60% Plans to RCO
06/30/2012
X
SEPA/NEPA Completed
08/01/2012
The Section 106 and NEPA processes
are complete for this grant, per NPS
X
I
Cultural Resources Complete
08/01/2012
X
I
Special Conditions Met
08/01/2012
Special Condition #1 The Section 106
and NEPA processes are complete for
this grant, per NPS
Project Start
08/06/2012
Construction Started
08/13/2012
50% Construction Complete
09/01/2012
RCO Interim Inspection
10/01/2012
90% Construction Complete
10/31/2012
Funding Acknowl Sign Posted
10/31/2012
I
Progress Report Submitted
11/15/2012
RCO Final Inspection
12/15/2012
Annual Project Billing
12/31/2012
Construction Complete
12/31/2012
!
Agreement End Date
01/31/2013
Final Billing to RCO
03/01/2013
Final Report in PRISM
03/01/2013
X = Milestone Complete
1 = Critical Milestone
1MILESTO RPT August 17, 2012 Page
10
C7
RECREATION AND CONSERVATION OFFICE
Agency Name
Recreation and Conservation Office
O Box 40917
mpia, WA 98504-0917
Sponsor
Port Angeles City of
PO Box 1150
Port Angeles, WA 98362
FORMA -19 State of Washington
INVOICE VOUCHER
Sponsor's Certificate I hereby certify under penalty of perjury that the items
and totals listed herein are proper charges for materials, merchandise or
services furnished to the State of Washington, and that all goods furnished
and/or services rendered have been provided without discrimination because
of age, sex, marital status, race, creed, color, national origin, handicap,
religion or Vietnam era or disabled veterans status
BY
(TITLE)
Category 4 Backup documentation to be submitted upon request
(DATE)
IN WW" // ` is > 3:zn , e.�.
��a , , ,,, � � . To Be Comple#esi;B SPoniit , ' „t"
..Y 3,_
Probed Number 11-1195 D
Name Shane Park Playground
Billing #
1
Billing Period
From To
T7., is a Final BillingProject
Ys [ ] No I ]
CATEGORIES
PievrofiS, enClifure&" ��aie a Costs For This Billing
Project ^ ' :" Non -Reimbursable;;,% Non -Reimbursable
Agreement Ex enditures IUfatc ld Expenditures Match
Total
40 V
Construction
x
$131,49241gg
A&E
$8,68059
%$ti 0,
Development Total
$140,17300,
$140,17300
$000
FUNDING & EXPENDITURE FORMULA
For RCO Use ONLY
h
A reement irifcimiatican y s , , s�`;n;' Previ u RCO Rei
�.� ;� ,r, 4 EIibUCSementS
-
h
sor
71.72993%
$100,54600 Total Billed
Federal
Share Billed
RCO LWCF
2827007%
$39,62700 Share Approved
Advance Balance
Match Owed Balance
Share Retained
Share Paid
Agreement Total
100.00000%
$140,17300 Match Bank
Dro ate y
11„ F„% -;,y""„-. .;1/1i/1`1._-1_
a - ` E>ruxent oC: No.
'a w; u F <, ter„
Rei Doc# r ! a ' ,
...' Vendor' Numtxer:, ' H gVendo�r Message;
,%
SWV0007712-00 11-1195
D
} Tran,Code fund„ { dek
'ApP
F stn F ! N. „ ,
_[it9f ilex Sub ObjtSubb Ob' ?ledtx� "� Amount ' <BiltingF� N�k
210
001 Q54
91100 NZ
1
ertifiaation For)'ayment
�z
•
1INVOICE RPT 8/17/2012 Current Funding
Press Release Template
City of Port Angeles offered grant to develop public outdoor recreation areas
and facilities.
(Port Angeles) - City of Port Angeles was awarded a grant of $39,627 00 from the Land and Water
Conservation Fund Program The grant was awarded by the Recreation and Conservation Funding
Board (RCFB), and will be used for the following
The City of Port Angeles, the Shane Park Committee, and the local Kiwarns Club are
teaming together to build a new playground in Shane Park City staff will assemble the
structure and improve the sidewalks so they are accessible to people with disabilities
Volunteers will clear overgrown landscaping around the park to improve visibility and will
prepare the playground site Port Angeles will contribute $235,957 in donations of cash,
equipment, and labor
There were eleven applications submitted for consideration in the Land and Water Conservation Fund
Program Each project went through an evaluation process prior to being recommended for funding
The RCFB Board approved funding for projects on Monday, June 4, 2012
Funding for the Land and Water Conservation Fund Program comes from leaseholders of federal
offshore oil and gas resources, federal recreation fees, sales of federal surplus real property, and federal
motorboat fuel taxes City of Port Angeles will leverage local contributions totaling $100,546 00 with
grant monies to implement the project Total estimated project cost is $140,173 00 RCFB is the state's
administrator of the grant program
Contact Corey Delikat, (360) 417-4566 (sponsor project manager)
Sarah Thirtyacre, (360) 902-0243, sarah thirtyacre@rco wa gov (RCFB project
manager)
•
0
July 20, 2012
Dear Mayor Kidd,
JUL 2 0 201?_
My name is Jack Slowriver and I live at 132 E 11`" Street in Port Angeles. I am writing to file a
formal complaint based on two recent exchanges I had with Councilman Mania, both of which have left
me questioning the extent to which he is able to perform as an unbiased and professional member of
this city's governing body.
On July 2, 2012, I received a telephone call from Councilman Mania on my personal, unlisted cell
phone. He asked if I had a couple of minutes to talk. I said yes. He then provided a list of things that
he's done as a member of the City Council such as introduce some kind of gender non-discrimination
language and support Planned Parenthood of the Great Northwest. He then questioned why I wasn't
supporting his wife, Dale Holiday's, bid for County Commissioner. It seemed to me that Councilman
Mania was suggesting that his actions on the City Council (please note I did not advocate for either issue
to be addressed by him or the larger body) indebted me to him and that my support of his wife's
candidacy was expected. I was greatly disturbed by the tone and content of this conversation and
ended it after repeatedly asking why Councilman Mania was making this call.
My concerns regarding Councilman Mania's behavior escalated when I walked by Dale Holiday's
campaign contingent on the way to line up for the Fourth of July parade. I had not uttered a single
syllable when both Ms. Holiday and Councilman Mania yelled "Fuck You" to me amidst a small group of
supporters in front of the courthouse. Though I understood exactly what was spoken, I asked if it could
be repeated with the hope that they would further demonstrate their aggression and poor self control
to a wider audience. At that point, Councilman Mania came within two feet of me and said, "Fuck you,
you backstabber." I have never made a formal or informal alliance with Councilman Mania and believe
that I should be free to express my opinions regarding local politics without fear of retribution by any
member of the City Council. I am concerned that Councilman Mania believes in a type of political horse
trading that is unethical and that his behavior is completely unprofessional and unbecoming of a City
Councilperson.
If you should like to talk to me further about this complaint, please feel free to reach me at (360)
808-4400.
Sincerely,
Jack Slowriver
Teresa Pierce
From: Dan McKeen
Sent: Friday, August 17, 2012 11:56 AM
To: Teresa Pierce
Subject: FW: For your consideration
Attachments: Mania Packet.pdf
Teresa,
Per the Mayor's request, please forward to all of the Council members.
Thanks!
Dan McKeen - City Manager
CITY of PORT ANGELES
PO Box 1150 / 321 E. Fifth Street / Port Angeles, WA 98362
Email: dmckeen@cityofpa.us/ Phone. 360-417-4501
Website: www.cityofpa.us
From: Cherie Kidd
Sent: Friday, August 17, 2012 11:50 AM
To: Dan McKeen
Subject: FW: For your consideration
Dan,
Please forward this to all council members.
Thanks,
Cherie
From: Brooke Nelson _ _ __-
Sent: Thursday, August 16, 2012 9:25 PM
To: Cherie Kidd
Cc: Dan McKeen
Subject: For your consideration
Greetings Mayor and fellow Council members,
Attached you will find correspondence from Max, all but one item is from his city email account. I
have only included excerpts.
First, I want to clearly state the reason why I compiled this package. It is not a personal attack on
Max. That is not the point of this, at all. This is about conduct -conduct that should be a concern to
the Council. The reason I began reading Max's email and gathering information is several citizens
have come to me, beginning in April complaining about Max's behavior, commenting that it is
unacceptable for a council person. I have received many specific complaints over several months.
The complaints were not about Max as a person. They were about behavior that the citizens
considered highly offensive by a council member in our city. Those complaints prompted me to
review Max's dialog through his city email. After reviewing these emails, I believe this should be
addressed by the full Council.
Some of the email shows an attempt to undermine or sabotage positions formally adopted by the
Council, or interfere with the work of other council members. There are many emails that Max
suggests to citizens to confront/picket/sabotage the Mayor and discredit additional council
members. His actions disparage the council, the work we are trying to do and the relationships we
have worked so hard to strengthen. The city as a policy is attempting to rectify and build our
relationships, and his letter to the Sequim City Council as an example, undermines this. Max
deliberately attempts to covertly undermine the direction and policy that have been formally
adopted and discredit us the city council as a body, which serves no good purpose for the overall
well being and productivity of our city Our role is to reflect our values herein Port Angeles, but
these emails show the entire Council in a bad light. They reflect adversely on the city -in my
opinion, this is unacceptable poor behavior.
Other of these emails may be more blatant violations. The city has formally adopted ordinances,
regulations and policies referring to Nippon. With regard to Nippon, Max's actions go directly
against the Council's ordinances, regulations and policies, our drive for economic development,
and could potentially jeopardize our tax base. Our oath of office affirms "we will support the
ordinances of the City of Port Angeles". Actively attempting to sabotage Nippon violates this oath.
And use of an official's position for improper purposes may be a violation of state standards.
Included in the emails is an email regarding Dick Pilling which makes me extremely uncomfortable
as the innuendo is of a sexual nature. We have a thorough sexual harassment policy which Max
requested everyone be educated on, and we were, and this email was sent after our refresher with
this policy.
City business was also included in an email I received and is included (sent from Max's private
email, not city email); it referred to the "ethics complaint" filed against him with the city. This mixes
his city business with his personal email and the opinions expressed in that email. I cannot express
how inappropriate this behavior is. In addition to creating a liability for public records requests, he
used his position to try to influence Council action regarding Matthew Randazzo's application for
the Board of Adjustment. I clearly understand that Max has an issue with Mr. Randazzo. Max has
made that apparent. Even so our oath states we will "impartially perform and discharge the duties
of office". When he attempted to discredit Mr. Randazzo's application based on his handwriting, I
do not believe Max was acting impartially.
The reason I began reading Max's email and gathering information was the result of citizens
approaching me, complaining about Max's behavior. I assume we all receive feedback about each
other, but I had specific complaints over several months.
As we all know, state law sets standards of conduct for city officials. Those are the minimum
standards. Even if conduct does not violate state law, it can violate local standards of expected
conduct. Cities can, and many other have, recognized that their local community expects a higher
standard of conduct from council members. We must recognize that in Port Angeles a council
member's conduct is always viewed as the conduct of a city official. We can never be just a private
person. In this instance, we may be confronted with conduct that violates state law and our oath of
office. But even if it does not, the conduct may fall well below the standards of conduct expected by
our local community. Only the City Council can recognize local higher standards.
Respectfully,
Brooke Nelson
State of TVashington
County of Clallam
Ss. Oath of Office
I, Brooke Nelson; do solemnly swear (or affirm) that I will support the
Constitution of the United States, the laws of the State of Washington, and
g the
ordinances of the City of Port Angeles, and that I will faithfully and
impartially perform and discharge the duties of the office of City of Port
Angeles, Council Position No. 4, according to the law, to the best of my
ability.
Signature of Elected
Subscribed and sworn to me this day of , 20M/0-
Sigiture of Person Empowered to
Administer Oath of Office.
Page 1 of 2
Date sent: 4/4/2012 6:45:06 AM
From: Mmania@cityofpa.us
To:
Bcc: catherineharper8@wavecable.com; cmfusk@olypen.com; darlenes@olympus.net;
dartwhitmore@gmail.com; dorotheahk@me.corn; edchadd@olypen.com; gemldsueellen@hotmail.com;
lavender@nikola.eom; macrobbie@olympus.net; marscha117@msn.com; michaelbunnell@olypen.com;
normagene@olympus.net; nursebikerider@yahoo.com; olympicportalproductions@gmail.com;
paexaminer@gmail.com; pbnturner@olympus.net; polliwog45@yahoo.com; revival@wavecable.com;
sequimhealer@gmail.com; sevilletal@yahoo.com; shirleynixon@olympus.net; starrp@olypen.com;
tdmcc888@yahoo.com
Subject: Thanks and Apologies
Hello All,
First of all, my apologies for the group e-mail. It's just that SO MANY people spoke out in concern about the
biomass facility that it would be too time-consuming to send everyone an individual e-mail as a follow-up. But,
please know that I deeply appreciate each and every one of you who wrote to the Council and/or came to speak to
us during public comment. I don't know if anyone else on the Council (except Sissi) actually heard you last night,
but, your efforts did you honor.
Second apology: For those of you who were at the meeting last night, let me say how sorry I am that you were
subjected to Dick Piling's extremely out of line personal insults. Mr. Piling obviously has no restraint when it comes
to "going there" and engaging in mean-spirited and counter-productive attacks against those who don't share his
world view. I was personally offended by his comments, but not surprised, being that it was very much in
character for him.
Third apology: Despite his kind words at the end of it all last night, and his description of the evening as being
"how Democracy works," Pat Downie apparently shared a very different view with KONP, as some of you may
already know. In their story about last night's meeting (www.konp cpn_llocai/1i93), Pat is quoted as describing it
as a "three-hour waste of time." I could not disagree more, and I never think that taking the time to hear the
concerns of the public is a waste of time. I apologize for Pat's remark, and assure you that not everyone on the
Council feels that way.
Moving forward: Though it would be easy to be disheartened by the (non) results of last night's meeting, I would
argue in favor of guarded optimism. I think a clear but slim majorityof the public is concerned about this project -
but clearly not a majority of the "powers that be" are. But that can change, either through continued education, or
through the ballot box at the next election. So please keep the pressure on. This should not be the end of this. I
still believe that Port Angeles is on the cusp of significant, positive change. Please keep the pressure on.
A second point ... To expand on one I made last night. I don't think the biomass facility In total is making as much
economic sense to Nippon as it did when it was first proposed. And I do believe that many of the mill jobs will
start disappearing if and when this biomass facility gets up and running. If those jobs do start disappearing, that
will provide a perfect reason to reopen this subject and have a very public discussion about how many jobs there
actually are associated with this, and how they compare to the risks involved. Job cuts there would also, rather
obviously, undercut the emotional support many feel for Nippon. (And for the record, I am under no illusions that
the multinational Nippon Corporation is in any way warm and fuzzy about Port Angeles. When we are no longer
profitable, we will, of course, be cast aside.)
Thanks again for speaking out and showing up. It was a long, sometimes painful evening, but I think there can be
good that comes of it. Please continue to speak out, continue to be involved, and be part of moving our
community and our county forward.
Yours truly,
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Date sent: 4/4/2012 11:52:49 AM
From: Mmania@cityofpa.us
To: kj.art@hotmail.com
Subject: RE: Please put us on your email list.
Hi Kjersti,
Thanks for writing, and for sending the information that you did earlier. I have noted your e-mail address and will
include you on those rare occasions when I send out a "message" to a number of people. (I try not to abuse the
BCC function, because it can seem so impersonal...)
Anyway ... Last night was certainly interesting. And I can tell you that, while I will certainly continue to have deep
concerns about this project, and ask probing questions about it whenever possible, I will not at this time be
pressing for further Council (in)action on this issue. Simply put, it was clear to me last night that, at this point, a
majority of the Council do not want to hear the concerns about this project that so many people have. The result
of the meeting last night was that five Council members voted "No" to even discussing this issue further, in
conjunction with the Sequim City Council. If they won't even vote in favor of talking about it, there is no realistic
way that I see to get four Council members to vote in favor of actual action, like a moratorium. (This ignores
widespread public concerns, and a majority of public comments on this ... All of which is very shortsighted, in my
opinion.)
In fact, after my motion to hold the joint meeting with Sequim failed, I attempted to make a second motion that
spoke to exactly what you described below - tying the approval of the biomass facility to Nippon maintaining the
existing jobs at the mill. My attempt to make this second motion was shut down by the Mayor. But, I have little
doubt that, if and when Nippon gets the biomass facility up and running, the mill jobs will, for the most part,
vanish. Sadly, so many Nippon workers and supporters seem incredibly naive about how multinational corporations
work. They seem to think that Nippon "cares" about Port Angeles - which is certainly not the case.
But, for those of us who actually live here, and actually do care, I have a hope/suggestion. Keep the pressure on.
Keep the issue alive. Let the City know you're unhappy about this. Let Nippon's corporate headquarters know
you're unhappy about this. Write letters to the PDN to tell everyone you're unhappy about this. Make this an issue
for candidates running for office, or for re-election. Needless to say, last night was not the end of this issue, this
debate. Time and technology is on our side - we just have to do whatever we can to minimize the damage this
project could do to Port Angeles before the whole thing falls apart.
Thanks again - feel free to write any time.
Yours truly,
Max Mania
From: Kjersti Reed [kj.art@hotmail.com)
Sent: Wednesday, April 04, 2012 12:15 PM
To: Max Mania; Kjersti Reed; Robb Reed; Sissi City Council; Bob Lynette
Subject: Please put us on your email list.
Hello Max,
You sent out an email following the city council meeting that we would have liked to receive too. My husband and
I are members of the Ciallam County Healthy Air Coalition and we are against the biomass plant.
I recently sent you the names and contact info for the two Thurston County Commissioners who instituted the
moratorium on a biomass plant there. I would appreciate it if you and Sissi would contact them and learn
whatever you can from them. Then, see if we can apply it here. I would like to hear what you both learn from
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that exchange.
Honestly, I think the city powers that be who said a moratorium is not possible are just trying to talk you out of
pressing on with that idea. If the city or the county commissioners didn't want the biomass plant, they could stop
it. They would find a way. The city council gave Nippon the green light so it doesn't make sense that they don't
have any power over the project. At the very least, the city council should require that the mill sign a contract to
keep the mill going with the current job numbers intact to have the opportunity to go forward with the biomass
plant. If the mill jobs go, the biomass plant loses its "renewable" energy status. When that happens, the biomass
plant will no longer be profitable and Nippon will shut that down too.
With all of the government subsidies Nippon is getting for this so-called "renewable" energy plant, we could send
all 200 of the mill employees to retraining programs and they could come out more viable wage earners than they
are now. Once the mill shuts down, the jobs go away and the pollution stays. Mill workers go on unemployment
for awhile and then what?
Best,
Kjersti Reed
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Date sent: 4/4/2012 2:31:42 PM
From: Mmania@cityofpa.us
To: paexaminer@gmail.com
Subject: RE: Thanks and Apologies
Anami,
When we're talking about Dick Piling, we're always talking about a lot of Dick.
Thanks, as always...
Max
From: Port Angeles Examiner [paexaminer@gmail.com]
Sent: Wednesday, April 04, 2012 1:56 PM
To: Max Mania
Subject: RE: Thanks and Apologies
I also wanted to mention that Dick Pilling was giving proponents of biomass talking points and coaching
them. So did we really hear them or just a lot of Dick?
anami
From: Max Mania [mailto:Mmania@cityofpa.us]
Sent: Wednesday, April 04, 2012 7:45 AM
To: Undisclosed recipients:
Subject: Thanks and Apologies
Hello All,
First of all, my apologies for the group e-mail. It's just that SO MANY people spoke out in concern about the
biomass facility that it would be too time-consuming to send everyone an individual e-mail as a follow-up. But,
please know that I deeply appreciate each and every one of you who wrote to the Council and/or came to speak to
us during public comment. I don't know if anyone else on the Council (except Sissi) actually heard you last night,
but, your efforts did you honor.
Second apology: For those of you who were at the meeting last night, let me say how sorry I am that you were
subjected to Dick Piling's extremely out of line personal insults. Mr. Piling obviously has no restraint when it comes
to "going there" and engaging in mean-spirited and counter-productive attacks against those who don't share his
world view. I was personally offended by his comments, but not surprised, being that it was very much In
character for him.
Third apology: Despite his kind words at the end of it all last night, and his description of the evening as being
"how Democracy works," Pat Downie apparently shared a very different view with KONP, as some of you may
already know. In their story about last night's meeting(wwtiv�karp.cnmllcalf 173), Pat is quoted as describing it
as a "three-hour waste of time." I could not disagree more, and I never think that taking the time to hear the
concerns of the public is a waste of time. I apologize for Pat's remark, and assure you that not everyone on the
Council feels that way.
Moving forward: Though it would be easy to be disheartened by the (non) results of last night's meeting, I would
argue in favor of guarded optimism. I think a clear but slim majorltyof the public is concerned about this project -
but clearly not a majority of the "powers that be" are. But that can change, either through continued education, or
through the ballot box at the next election. So please keep the pressure on. This should not be the end of this. I
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Date sent: 4/5/2012 3:50:33 PM
From: Mmania@cityofpa.us
To:
Bcc: catherineharper8@wavecable.com; cmfusk@olypen.com; darlenes@olympus.net;
dartwhitmore@gmail.com; dorotheahk@me.com; geraldsueellen@hotmail.com; kj.art@hotmail.com;
lavender@nikola.com; macrobbie@olympus.net; marscha117@msn.com; michaelbunnell@olypen.com;
normagene@olympus.net; nursebikerider@yahoo.com; olympicportalsproductions@gmail.com;
paexaminer@gmail.com; peteretepl3@hotmail.com; polliwog45@yahoo.com; revival@wavecable.com;
sequimhealer@gmail.com; sevilletal@yahoo.com; shirleynixon@olympus.net; starrp@olypen.com;
tdmcc888@yahoo.com
Subject: FW: Letter from Mayor to Nippon
FYI ... Needless to say, I find this response less than zero...
Max
From: Cherie Kidd
Sent: Thursday, April 05, 2012 4:40 PM
To: Max Mania
Cc: Kent Myers
Subject: RE: Letter from Mayor to Nippon
Max,
I requested the letter to be drafted to NPI. They have chosen to invest millions of dollars into our local economy.
I wanted to assure them that their investment is both acknowledged and appreciated. As we continue to struggle
with a 11.4% unemployment rate, we look ahead to a stronger economic climate for our local citizens through
partnerships and investments.
Cherie
From: Max Mania
Sent: Thursday, April 05, 2012 4:16 PM
To: Cherie Kidd
Cc: Kent Myers
Subject: FW: Letter from Mayor to Nippon
Cherie and Kent,
I strongly, strongly object to this letter. I find it offensive, outrageous, and a slap in the face of all the people who
came and expressed their concerns about the biomass facility last Tuesday. This pandering to a multinational
corporation is uncalled for, and beneath you. Need I add, it is also totally pointless at the end of the day. Once the
mill here is no longer profitable, Nippon will close it. We have no contro/over what their Board in Japan decides to
do. None.
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Date sent: 4/5/2012 4:12:20 PM
From: shirleynixon@olympus.net
To: Mmania@cityofpa.us
Subject: RE: Letter from Mayor to Nippon
Max,
Pathetic pleading from Harold Norland is probably what prompted Cherie to send that letter He may well have
ghost-written it, with an eye toward the statements he wanted to get on the record at Corporate HQ I have some
personal sympathy for Harold and the others who are probably walking on very thin ice with their Japanese
overseers Up until now mill managers here have been able to assure Japan that city officials are in Nippon's
pocket; that mill managers have an inside track at city hall, and can get the city to do whatever Nippon wants
Nippon's own seat on the UAC; cheap utility bills: speedy permit approvals with no enforcement of even the most
feeble of permit conditions; for a long time such evidence of favoritism supported that fiction of forever favoritism.
But mill managers can no longer guarantee to Japan that the City will always "do the right thing" by Nippon. Mill
managers are scared. Real scared. People are speaking out People won't be silenced. Elected officials such as
you are listening to these people and thinking for yourselves and showing that representative democracy is
beginning to mean something in Port Angeles
That Cherie sent such a letter to Nippon's President could ironically be a good thing in the long run. At least she
didn't apologize for listening to public comments about the biomass project The letter helps create a paper trail
showing that the city has been polite and appreciative. When Nippon pulls out of town soon and people try to
blame the city for creating a hostile business environment, the new City Manager can pull this letter from the files
and say "Huh?"
I'd prefer not to personally send my substitute letter to everyone else on the Council, but you have my permission
to forward it or use it any way you want.
Shirley
From: Max Mania [mailto:Mmania@cityofpa.us]
Sent: Thursday, April 05, 2012 4:29 PM
To: Shirley Nixon
Subject: RE: Letter from Mayor to Nippon
Shirley,
Might I suggest you resend your letter to the entire Council? It might make for a nice contrast with the
pathetic, pleading letter to Nippon.
I cannot tell you how disgusted I am by this. I just hope there's some sort of pushback from the
community. THIS IS OUTRAGEOUS.
Thanks,
Max
From: Shirley Nixon [shirleynixon@olympus.net]
Sent: Thursday, April 05, 2012 4:27 PM
To: Max Mania; normagene@olympus.net
Cc: darienes@olympus.net
Subject: RE: Letter from Mayor to Nippon
Nippon is a "wonderful corporate citizen"? By what measuring stick? Pen Ply, perhaps?
Is Nippon as wonderful as Westport Shipyard, that employs at least twice as many workers, and brings
very wealthy yacht owners and yacht buyers to town to spend money here?
How about another letter
Dear President of Westport Shipyard and owner of the mega -yacht Evviva, moored a few steps
away from our Industrial Water Line,
We just wanted to let you know how much we appreciate you operating your manufacturing facility
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Date sent: 4/5/2012 6:58:25 PM
From: Mmania@cityofpa.us
To: nursebikerider@yahoo.com
Subject: RE: One More Thing (I'll Be Right About)
Tami,
That exactly what's on our side - the stone cold fact that at some point, Nippon absolutely will give upon their
facility here. So, in my opinion, what we have to do in the meantime, is to try to minimize the amount of damage -
both to perople's health and to our local environment - that this facility could do. Well, that and continue of try and
shame local elected officials into putting the health and well-being of their own constituents ahead of the well-
being of a foreign corporation.
Thanks for being in this battle, Tami. Keep the pressure on - and bring your friends.
Yours truly,
Max
From: Tami Lee Mendonca [nursebikerider@yahoo.com]
Sent: Thursday, April 05, 2012 7:08 PM
To: Max Mania
Subject: Re: One More Thing (I'll Be Right About)
Max,
Thanks for your efforts in this issue. I like your idea of protesting at the Farmet's market.
I'm in. We have to keep fighting.... never give up!!
Tami
From: Max Mania <Mmania@cityofpa.us>
To:
Sent: Thursday, April 5, 2012 6.28 PM
Subject: FW: One More Thing (I'll Be Right About)
FYI... Here's the latest forwarded response ... And here's my suggestion in response to that.
Every first Saturday of the month, there's a table at the Port Angeles Farmer's Market for members of the City
Council to come sit at (from loam to Noon) and discuss issues of importance to members of the community. So ... I
wonder how it would go if members of the public showed up there, carrying signs that said things like, "Nippon
Corporation can speak loud enough for you to hear, but the people of Port Angeles apparently can't be heard," or,
"Nippon poisons the air, you poison our belief in the political system," and then just stood in front of them -
silently - for the two hours they're sitting there.
Its a thought.
I have another thought as well. If you'd like to hear my other thought, please call me at 457-1331 (home phone,
not a cell phone) and we'll talk.
Thanks to you for your activism and concern ... Keep the pressure on.
Max
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From: Cherie Kidd
Sent: Thursday, April 05, 2012 4:53 PM
To: Max Mania
Cc: Kent Myers
Subject: RE: One More Thing (I'll Be Right About)
Hi Max,
Thanks Max. I appreciate your thoughts and your input and your out of the box thinking.
I am not trying to weaken the confidence of the investors that are keeping NPI afloat.
I am not always right - but like you, I am in there plugging for my community. I am always trying to learn more
and open to new information. Thanks for speaking up.
Best Wishes,
Cherie
From: Max Mania
Sent: Thursday, April 05, 2012 4:43 PM
To: Cherie Kidd
Cc: Kent Myers
Subject: One More Thing (I'll Be Right About)
Just one more thing...
I was the only Council member to vote against wasting City time and resources to try and get a spot on the
natural resources council overseeing the Rayonier site. And I was right- we didn't get a spot.
I was the on/y Council member to vote against wasting staff time and tax dollars on trying to prop up the clearly
failing PenPly. And I was right- alt our "help" did was help them to run their delinquent bill with the City higher
before shutting down.
And I will be more right than wrong about Nippon, too. If and when they get their biomass facility up and running,
the jobs at the mill will start to disappear. Their paper business falling 20% a year, for years...The paper they
make is primarily for phonebooks and newspapers, both of which are shrinking businesses... New competition, old
equipment, we're competing in a global market for cheap labor, we're competing in an expanding market for
"renewable" fuel for this facility, etc., etc., etc. They will tell you whatever you want to hear, but that doesn't
change the facts. Their mill here is out of date, and just about out of time. And, needless to say, the Nippon
Corporation doesn't give a tinker's dam about what happens to Port Angeles.
Those jobs will not last. On the other hand, the pollution, ill -will and bad reputation that this project will generate
will likely outlast us all.
Max
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Date sent: 4/5/2012 10:09:I6 PM
From: shlrleynixon@oiympus.net
To: Mmania@cityofpa.us
Cc: darl encs@olympu s. net; michaelbunncll@olypen.com; normagene@olympus.net
Subject: RC: Letter from Mayor to Nippon
Whatever Harold Norland might want to say to you should be said IN PUBLIC
Too much communication between Nippon and the City has gone on behind closed doors, and the secrecy only
contributes to flawed decision-making and public mistrust
Maybe Cherie would be willing to set up aubp lic meeting between you and Harold Norland so that he could "help
you understand" and allow the rest of us to "better understand" too?
Oh — wait --- the Council voted 5-2 against sponsoring anything like that.
From: Max Mania [mal Ito: Mmania@cityofpa,us]
Sent; Thursday, April 05, 2012 8:05 PM
To: Shirley Nixon
Cc: normagene@olympus.net; darlenes@olympus.net; michaelbunnell@olypen.com
Subject: RE: Letter from Mayor to Nippon
FYI...I just got a message (answering machine) from Cherie, offering to set up a meeting between Harold
Norlund and me, so Harold could "help me understand."
What is so painfully sad is that Cherie obviously doesn't understand that by making such an offer, she's
calling me stupid, and only offending me more ...And she really, truly seems not to have ever, even for a
moment, considered the possibility that Harold might lie to her to protect his business interests. It's a case
where someone's being naive has the same effect as if they were corrupt - to shut out the voices of the
community.
But still we battle onwards ... Just had a good call from Bob Lynette. I hope to see you all soon...
Yours truly,
Max
From: Shirley Nixon [shirleynixon@olympus.net]
Sent: Thursday, April 05, 2012 7:07 PM
To: 'Darlene Schanfald'; Max Mania; normagene@olympus.net
Subject: RE: Letter from Mayor to Nippon
I would imagine that Westport yacht buyers are indeed turned -off by the pollution landing upon their shiny
chrome and fiberglass; I don't know enough about hull maintenance to know whether more acidic sea
water is good or bad Maybe it makes barnacle shells less sticky? (I'm being tongue in cheek, here.) I do
worry that industries like Westport may be getting discouraged by the climate in Port Angeles, ,
Shirley
From: Darlene Schanfaid [mailto:darlenes@olympus.net]
Sent: Thursday, April 05, 2012 6:19 PM
To: 'Max Mania'; normagene@olympus.net; Shirley Waters Nixon
Cc: darlenes@oiympus.net
Subject: RE: Letter from Mayor to Nippon
Shirley,
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Page 3 of 4
From: Max Mania [mailto:Mmania@cityofpa.us]
Sent: Thursday, April 05, 2012 8:05 PM
To: Shirley Nixon
Cc: normagene@olympus.net; darlenes@olympus.net; michaelbunnell@olypen.com
Subject: RE: Letter from Mayor to Nippon
FYI ... I just got a message (answering machine) from Cherie, offering to set up a meeting
between Harold Norlund and me, so Harold could "help me understand."
What is so painfully sad is that Cherie obviously doesn't understand that by making such
an offer, she's calling me stupid, and only offending me more ...And she really, truly seems
not to have ever, even for a moment, considered the possibility that Harold might lie to
her to protect his business interests. It's a case where someone's being naive has the
same effect as if they were corrupt - to shut out the voices of the community.
But still we battle onwards ... Just had a good call from Bob Lynette. I hope to see you all
soon...
Yours truly,
Max
From: Shirley Nixon [shirleynixon@olympus.net]
Sent: Thursday, April 05, 2012 7:07 PM
To: 'Darlene Schanfald'; Max Mania; normagene@olympus.net
Subject: RE: Letter from Mayor to Nippon
I would imagine that Westport yacht buyers are indeed turned -off by the pollution landing
upon their shiny chrome and fiberglass; I don't know enough about hull maintenance to
know whether more acidic sea water is good or bad. Maybe it makes barnacle shells less
sticky? (I'm being tongue in cheek, here.) I do worry that industries like Westport may be
getting discouraged by the climate in Port Angeles...
Shirley
From: Darlene Schanfald [mailto:darlenes@olympus.net]
Sent: Thursday, April 05, 2012 6:19 PM
To: 'Max Mania'; normagene@olympus.net; Shirley Waters Nixon
Cc: darlenes@olympus.net
Subject: RE: Letter from Mayor to Nippon
Shirley,
Your writ below strikes another thought.
Could Westport and its customers be concerned about the Nippon stack
emissions; what they might do to the yachts moored in the acidic water?
ds
Nippon is a "wonderful corporate citizen"? By what measuring stick? Pen
Ply, perhaps?
Is Nippon as wonderful as Westport Shipyard, that employs at least twice
as many workers, and brings very wealthy yacht owners and yacht buyers
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to town to spend money here?
How about another letter:
Dear President of Westport Shipyard and owner of the mega yacht Bvviva,
moored a few steps away from our Industrial Water Line,
We just wanted to let you know how much we appreciate you operating
your manufacturing facility in Port Angeles. The multi-million dollar
yachts you build here are the pride of our city, and carry the story of our
unique and beautiful natural harbor throughout the world. We love
looking at the luxurious yachts adorning the Boat Haven and doing sea
trials off City Pier. We have been excited to welcome to our town the new
workers you have hired to perform expert mechanical, electrical, and finish
cabinetry work on Westport yachts. We are pleased that you are working
with Peninsula College to develop 21st Century vocational training
programs that will prepare the next generation of Westport workers for
well payingjobs here in Port Angeles.
Although you live nearby, I apologize for not having made the effort as yet
to get to know you better. 1 would like to arrange for city council members
and myself to tour your facility sometime .soon. Perhaps you might even be
.so kind as to take us sailing on one of your yachts? We would love to be
able to get a closer look at the Nippon Paper Industries mill and
smokestacks from the water side.
Sincerely,
Business Ambassador and Mayor CK
From: Max Mania [mailto:Mmania@cityofpa.us]
Sent: Thursday, April 05, 2012 3:53 PM
To: shirleynixon@olympus.net; normagene@olympus.net
Cc: darlenes@olympus.net
Subject: FW: Letter from Mayor to Nippon
FYI ... I want to vomit...
Max
From: Teresa Pierce
Sent: Thursday, April 05, 2012 9:17 AM
To: Kent Myers; Brad Collins; Brooke Nelson; Cherie Kidd; Dan DiGuilio;
Max Mania; Patrick Downie; Sissi Bruch
Subject: Letter from Mayor to Nippon
Good Morning Council,
Attached is electronic copy of letter being mailed today from Mayor Kidd
to Mr. Hiro Sagawa, President of Nippon Paper Industries, USA.
-Teresa
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Date sent: 4/6/2012 9:28:55 AM
From: Mmania@cityofpa.us
To: catherineharper8@wavecable.com
Subject: RE: FW: Letter from Mayor to Nippon
Catherine,
I'd say if you can't be heard here, but voices from Japan can ... Maybe the reverse is true. Maybe our voices
here will be heard in Japan if raised loudly enough. It's worth a try, in my opinion.
Max
From: catherineharper8@wavecable.com [catherineharper8@wavecable.com]
Sent: Thursday, April 05, 2012 5:12 PM
To: Max Mania
Subject: Re: FW: Letter from Mayor to Nippon
WOW. Well put.
Should some letters be written by us lowly private
citizens? I'd do it.
Let me know.
On Thu, 5 Apr 2012 16:27:01 -0700
Max Mania <Mmania@cityofpa.us> wrote:
> Hello All...
> In case you're interested, below you'll find what I
>wrote to Cherie and Kent in response to this amazingly
>thoughtless letter. Hopefully the Board at Nippon will
>hear from some local residents who have a slightly
>different viewpoint.
> Thanks again,
> Max
> (E-MAIL BELOW)
> Cherie and Kent,
> I strongly, strongly object to this letter. I find it
>offensive, outrageous, and a slap in the face of all the
>people who came and expressed their concerns about the
>biomass facility last Tuesday. This pandering to a
>multinational corporation is uncalled for, and beneath
>you. Need I add, it is also totally pointless at the end
>of the day. Once the mill here is no longer profitable,
>Nippon will close it. We have no control over what their
>Board in Japan decides to do. None.
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April 8, 2012
Masatomo Nakamura, Chairman
Yoshio Haga, Executive Vice President
Nippon Paper Group, Inc.
1-2-2 Hitotsubashi
Chiyoda-Ku
Tokyo, 100-0003
Japan
Subject: Nippon Paper Industries, USA — Biomass Proposal
Dear Messrs. Nakamura and Mr. Haga,
Perhaps you are now aware that there is a rising tide of opposition among
the residents of the North Olympic Peninsula over Nippon's building a
biomass plant in the heart of our community in Washington State.
We wish you to know of the increasing opposition being expressed by local
citizens to (a) the very serious health concerns associated with the emissions
from the proposed biomass plant, and (b) the legislative, regulatory and
financial risks associated with the project. Specifically, these risks are the
following:
1. That the resistance to the Nippon biomass project by Clallam County
citizens continues to increase as more people become aware that the
health risks of burning biomass are recognized by medical authorities
and health researchers both in the State of Washington and the nation
as a whole. Public concern has already helped to halt some 24
biomass projects across the United States.
2. The Nippon co -generation biomass plant could be delayed or
cancelled because there is increasing medical evidence that wood -
burning biomass plants pose significant health threats to the
communities where they are built. See the American Heart
Association article in Circulation June 2010: "Particulate Matter Air
Pollution and Cardiovascular Disease." U.S. courts have determined
that local Boards of Health can override state law if the health of the
citizens is threatened.
We are writing to you as part of the vocal, coordinated and actively growing
citizens' opposition and we will vigorously resist endangering the health of
our community.
Respectfully,
Howard Vadset, for
Clallam County Healthy Air Coalition
Cc:
Executive Vice President and Representative Directors
Tsuyoshi Yamashita
Masayuki Hayashi
[Directors]
Masaru Motomura
Fumio Manoshiro
Shuhei Marukawa
Hironori Iwase
Kazuhiro Sakai
Masahiro Hirakawa
Page 1 of 4
Date sent: 4/6/2012 9:10:04 AM
From: Mmania@cityofpa.us
To: shirleynixon@olympus.net
Subject: RE: Letter from Mayor to Nippon; Weaning Time is Nigh
Shirley,
Yes, this is a public record, but I still think it's good to ask, or to have gotten permission. (See previous e-mail
forwarded, because Michael Bunnell stated in said e-mail it could be used for whatever purposes I deemed fit...)
I also like to check in with people to see if its worth sharing something - as in, will anyone else on the Council
even listen to what is being shared? In any case, thanks for the effort, and for giving those of us with an eye on
the future I chance to say (at some future date) "I tried to warn you! I told you so!"
Not that "I told you so!" is the best or most satisfying way to govern, but... Sometimes its all we're left with. That
and warm memories of Jeff Lincoln...
Yours truly, from the trenches...
Max
From: Shirley Nixon [shirleynixon@olympus.net]
Sent: Friday, April 06, 2012 10:03 AM
To: Max Mania
Subject: RE: Letter from Mayor to Nippon; Weaning Time is Nigh
I just sent a separate email with these thoughts to everybody on the council See what you think.
As a general rule --- You are always free to share whatever I send to your city email with anybody. It is a public
record, of course!
Best,
Shirley
From: Max Mania [mailto:Mmania@c!tyofpa.us]
Sent: Friday, April 06, 2012 9:51 AM
To: Shirley Nixon
Subject: RE: Letter from Mayor to Nippon; Weaning Time is Nigh
Shirley,
Do I have your permission to forward this last message along to the rest of the Council? You raise a lot of
good points, and I think it would be good for them to hear them - ifthey will listen, that is.
Thanks,
Max
From: Shirley Nixon [shirleynixon@olympus.net]
Sent: Friday, April 06, 2012 8:49 AM
To: Max Mania
Subject: RE: Letter from Mayor to Nippon; Weaning Time is Nigh
Max,
https://viewer.messaging.microsoft.com/blank.htm 4/26/2012
Page 2 of 4
Something that emerges from all of this as an urgent order of business for the City is to start taking action
now to plan for the impacts to the city budget when Nippon leaves town. Nippon has such a strong hold on
city government because it supports so much of the general fund via the utility taxes it pays on the
electricity from BPA. The City has feasted on that fat for far too long --- and needs to go on an immediate
budgetary diet. Because, as you know, one day soon, Nippon WILL be gone Cily government must
operating revenue. (Remember my email a few weeks back about the fate of Pontiac, Michigan???)
Shelve the silly talk of operating a city municipal court and hiring a hearing examiner. (These can be
contracted -for with the County ) Cap the starting salary for the new city manager at $120K. Impose a
hiring freeze. Do not fill ANY city jobs when people leave. Reassign existing personnel. Better yet, start
firing certain people who have helped to get PA into this fiscal dependency mess, and reorganize
departments accordingly. Heaven knows, with the liberal cash -out -of leave policies in existence now, it will
cost us dearly to pay off these people when they depart, that is painful, but apparently unavoidable While
you're at it, change those too -generous leave accrual and cash -out policies to ones that have "use it or
lose it" caps. Change labor contracts to require that employees contribute 25% or more of the cost of their
health insurance benefits
In sum, immediately start budgeting as if the city will receive zero revenue from Nippon. If by chance
Nippon is still around for a few years to contribute some revenue to the general fund, then bank it in
reserves to use as a cushion for later.
Shirley
From: Max Mania [mailto:Mman ia@cityofpa.us]
Sent: Friday, April 06, 2012 6:43 AM
To: Shirley Nixon
Subject: RE: Letter from Mayor to Nippon
Shirley,
It really is PAINFUL to see Cherie turn into a corporate robot, who insults even her fellow (and
supportive) Council members with canned, passionless responses like the ones I've gotten. THE
BIGGEST lie in our culture is a recording that tells you, "Your call is important to us." When Cherie
says she's "always open to getting new information," it's a phrase with just as little credibility.
When we want to put fluoride in the water, then the dentists have the ability to sway the Council,
because, after all, they're the experts. But when the Heart Association and the Medical association
raise concerns about biomass... Well, gosh, why would the Council listen to those "outsiders"?
Especially if it might be "bad for business"?
No sense, no consistency... Port Angeles: Lots of great views and no vision.
Still, we fight onward...
Max
From: Shirley Nixon [shirleynixon@olympus.net]
Sent: Thursday, April 05, 2012 11:09 PM
To: Max Mania
Cc: normagene@olympus.net; darlenes@olympus.net; michaelbunnell@olypen.com
Subject: RE: Letter from Mayor to Nippon
Whatever Harold Norland might want to say to you should be said IN PUBLIC
Too much communication between Nippon and the City has gone on behind closed doors, and the
secrecy only contributes to flawed decision-making and public mistrust.
Maybe Cherie would be willing to set up a public meeting, between you and Harold Norland so that
he could "help you understand" and allow the rest of us to "better understand" too?
Oh — wait --- the Council voted 5-2 against sponsoring anything like that
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Page 1 of 4
Date sent: 4/6/2012 9:15:50 AM
From: Mmania@cityofpa.us
To: jgoodm@yahoo.com
Subject: FW: Letter to County Commissioners
Hi Jamie,
Thanks for wiriting and expressing your concerns. You're certainly not alone. I meant to include you in
the reply to Michael's letter that I sent out, but I typed your e-mail address in incorrectly. So, I am
sending this along again, and urging you to keep speaking out and letting us, and anyone else who will
listen, that you are concerned about the biomass facility. The public has a right to speak out - and we
have a repsonsibility to listen. Sadly, thus far, even though I only have one good ear, I seem to be one of
only a few that have heard the chorus of concern. So keep the pressure on - please - it is vitally important.
Thanks so much - yours truly,
Max Mania
From: Max Mania
Sent: Friday, April 06, 2012 10:08 AM
To: michael bunnell
Cc: shirleynixon@olympus.net; normagene@olympus.net; darlenes@olympus.net;
catherineharper8@wavecable.com; cmfusk@olypen.com; dorotheahk@me.com;
dartwhitmore@gmail.com; geraldsueellen@hotmail.com; kj.art@hotmail.com; lavender@nikola.com;
'Pat MacRobbie; marscha117@msn.com; nursebikerider@yahoo.com;
olympicportalsproductions@gmail.com; peteretepl3@hotmail.com; polliwog45@yahoo.com;
revival@wavecable.com; starrp@olypen.com; sequimhealer@gmail.com; sevilletal@yahoo.com;
tdmcc888@yahoo.com; writer@olypen.com; jgoogrn@yahoo.com
Subject: RE: Letter to County Commissioners
Hi Michael,
I'll take you at your word, and am forwarding this (on CC) to a lot of people who are also very concerned
about this. I think your letter is a good example of what active and concerned citizens can do. They can
also show up tomorrow at the Farmer's Market to talk with Cherie Kidd. They can also continue coming
to public comment period at our Council meetings and expressing their concerns and evidence. They can
write letters to the editor (good luck on that one). They can write letters to the Council (for whatever
good that seems to do). They can write directly to Nippon corporate headquarters and tell them that this
fight will continue for as long as it takes. People could also show up at our meetings of the Utility
Advisory Committee - a committee on which Nippon has a seat for their representative. They can write
and reach out to other governing bodies (the County, Sequim, etc.) to get them to see the light. They can
talk to our state legislators, and support new legislation that actually regulates this industry.
Time and technological change are on our side on this. But we have to try to minimize the damage done
to our community in the period before this whole charade falls apart.
So thanks again, Michael. Keep up the good work. Let's all keep up the good work, yes?
Yours truly,
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Page 2 of 4
Max
P.S. - For those of you who weren't there, or don't know...Michael was one of the public speakers at the
last Council meeting, and gave what I consider to be one of the best, most heartfelt and effective
comments I've ever heard. To say he hit a home run is an understatement.
From: michaei bunnell [michaclbunnell@olypen.com]
Sent: friday, April 06, 2012 9:38 AM
To: Max Mania
Subject: Letter to County Commissioners
Hello yet again, Max --
Here's a follow-up letter I've sent to each county commissioner.
It's basically the same letter I sent to the city council members
yesterday but with appropriate changes and also a couple of new remarks.
I feel somewhat guilty about bombarding you with copies of
everything I send out, but as a "walk-on" member of your team I feel
that you should know what I'm up to in the name of the cause.
If anything I say (or write) in pursuit of our mutual goals could be
useful to you, please feel free to make it yours and use it however
you think it might do some good.
mdb
As I learn more about the Nippon biomass burning project, I
understand why its supporters are so angry about the late -in -the -game
objections that have been raised. Asking for a moratorium on a
project that is already under construction and providing jobs for
local residents is asking a lot.
At this week's meeting of the Port Angeles City Council, several
speakers presented compelling arguments opposing a moratorium: the
project has already been through the permitting process -- it has met
all the requirements along the way -- and it is already in progress.
These speakers reminded us of America's constitutional form of
government in which elected officials go through due process before
arriving at a decision which they deem to be in the public interest.
Both the Port Angeles City Council and the County Board of
Commissioners appear to have gone through such a process before
approving this project.
But here's a feature of our constitutional form of government that I
don't think has been mentioned in the public dialogue about the
Nippon project: our form of government has a built-in mechanism for
correcting mistakes and oversights.
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Page 3 of 4
The right to keep and bear arms was one of many rights that weren't
included in the Constitution but which were added only after a hotly
contested dispute over the need for, or the legitimacy of, a Bill of
Rights.
The well -intended experiment of Prohibition was implemented by way of
a Constitutional amendment -- and when it was found to be a mistake,
it was repealed by another Constitutional amendment.
Amending the federal Constitution is not directly comparable to the
function of county commissioners or city council members, but I think
the concept of catching and correcting mistakes should always be kept
in mind. "Staying the course" has had some disastrous results.
How many of you had friends come home in body bags during the years
when our only reason for being in Vietnam was that we were already
there?
How many of you remember the long, hostile line-ups at gas pumps when
the oil companies punished us with a fuel shortage for demanding that
Congress halt work on an oil pipeline that it had authorized in spite
of missing Environmental Impact Statements which subsequently turned
out to show that the pipeline failed to meet requirements?
How many of you noticed, during the Iraq war, that Halliburton made
huge profits by running caravans of empty trucks across the desert
and then billing the government for fuel at many times the price
they'd paid for it?
This is a dark time in our nation's history in terms of how our
regulatory agencies function (or fail to function). Think of the
Massey Energy coal mine disaster and the BP oil rig explosion and any
of the other avoidable catastrophes that were caused in large part by
careless or corrupt permitting and regulatory processes.
Supporters of a moratorium on the biomass burner admit that they're
presenting their case late in the game, and they confess to being
puzzled that they were not aware much earlier of what they perceive
as the dangers of the project -- but they've pointed out some serious
flaws in the requirements that the project met in its way through the
permitting process. Based on those concerns, I urge you to consider
these two questions:
(I) Is the Clallam County Board of Commissioners required by its
charter or other source of authority to approve a project just
because it has successfully passed through the permitting process, or
could the Board withhold its approval if it thought the permitting
process had contained serious errors or shortcomings?
(2) Have the opponents of the biomass burner presented sufficiently
compelling allegations of flaws in the permitting process or of
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Page 4 of 4
health concerns that were not adequately addressed before the
project's approval to justify putting the project on "hold"?
I share the opinion that the answer to Number 2 is "Yes". Like them,
I'm not asking that the Nippon project be scrapped immediately.
We're only asking that it be put on "hold" while you take a closer
look -- not at whether the project meets this or that requirement,
because you've already done that -- but at whether those requirements
are sufficiently stringent to safeguard public health and the future
of the environment, which are every bit as critical to the public
interest as are jobs and business growth.
Then, if you decide that the project is not as beneficial to the
public interest as it seemed at first, I hope you have the authority
and the will to overturn your previous approval.
Closing down even a few jobs, even temporarily, would inflict a
slight hardship on an already struggling community -- but going
forward with a project which is arguably harmful to everyone's health
(even life), the environment, and the tourist -related portion of our
economy would be even worse. A few healthy workers laid off now will
survive far better than many thousands of innocent taxpayers exposed
to long-term toxic pollution.
Michael D. Bunnell
121 Horizon View Drive
Sequirn, WA 98382
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Page 2 of 2
> What is the normal protocol for sending such a letter?
>Why weren't other Council members informed such a thing
>was being considered?
> .Again, we have a great many residents of Port Angeles
>who are deeply worried about the biomass facility. You
>have just told them all that they do not matter. In the
>mad rush to try and preserve some jobs in a dying
>industry, we are selling out the good -will and (quite
>possibly) the well-being of our own citizens. It doesn't
>get much more short-sighted than that.
> Hopefully this letter will spur on our local residents
>to write their own letters to Nippon, to help give their
>corporate headquarters a broader picture of what the
>community thinks.
> To say I am disappointed by this maneuver is a grave
>understatement.
> Max
>From: Teresa Pierce
> Sent: Thursday, April 05, 2012 9:17 AM
> To: Kent Myers; Brad Collins; Brooke Nelson; Cherie
>Kidd; Dan DiGuilio; Max Mania; Patrick Downie; Sissi
>Bruch
> Subject: Letter from Mayor to Nippon
> Good Morning Council,
> Attached is electronic copy of letter being mailed today
>from Mayor Kidd to Mr. I Iiro Sagawa, President of Nippon
>Paper Industries, USA.
> -Teresa
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Date sent: 4/6/2012 9:42:11 AM
From: Mmania@cityofpa.us
To: shirleynixon@olympus.net
Subject: RE: Plan City Budgets assuming NO revenue from Nippon
Shirley,
Very well put. Just like an abused spouse will often say, "It'll never happen again," all these people here seem
willfully blind to all the times, and all the towns, that have been screwed over by corporations. "Oh, sure, they've
pulled out of other communities and devastated them, but, that won't happen here." Left unstated, or
unexplained, is why exactly the dynamic would be any different here than it has been in a thousand other
towns ... Why would Nippon have a special spot in their corporate heart for Port Angeles?
And no answer is forthcoming.
Dale and I sometimes talk about the "It -can't -happen -to -me" gene that seems to operate in so many people, In so
many ways. "Yes, yes - I know that smoking causes all manner of health problems in people ... But it won't happen
to me." "Yes, yes - I know that having a few drinks and then driving home is a recipe for getting in an
accident—But it won't happen to me." And on and on. AND they're currently ignoring two sets of facts - the health
facts and respected organizations, and the fact that Nippon is outta here whenever it suits them.
So much dental ... Its very difficult to deal with. I'm having trouble sleeping at night right now, and I'm trying to do
the right thing. I have no Idea how others sleep when they are actively standing in the way of protecting the very
citizens they are supposed to be representing. The way so many people are acting, you'd think only those fabled
200+ workers at Nippon are allowed to vote.
Thanks - more later, I'm sure...
Max
From: Shirley Nixon [shirleynixon@olympus.net]
Sent: Friday, April 06, 2012 10:30 AM
To: Max Mania
Subject: RE: Plan City Budgets assuming NO revenue from Nippon
Feel free to disseminate or use this any way you like.
You know, the dynamics of the City's relationship with Nippon reminds me of what occurs in a domestic abuse
situation. The abused spouse is made to believe that he/she is powerless to go forward alone; that the abused
spouse is worthless and could never succeed independently. Breaking free of the abusive relationship requires
courage and the willingness to embrace a better self-image and more positive world view. It's time for Port
Angeles to end the unhealthy co-dependency and cast out all vestiges City subservience to Nippon's abusive
power.
Shirley
From: Max Mania [mailto:Mmania@cityofpa.us]
Sent: Friday, April 06, 2012 10:09 AM
To: Shirley Nixon
Subject: RE: Plan City Budgets assuming NO revenue from Nippon
Thank you...I guess you don't mind if it makes the rounds...
Max
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Page 2 of 2
From: Shirley Nixon [shirleynixon@olympus.net]
Sent: Friday, April 06, 2012 10:01 AM
To: Dan DiGuilio; Brad Collins; Brooke Nelson; Max Mania; Patrick Downie; Sissi Bruch; Cherie Kidd
Cc: Kent Myers
Subject: Plan City Budgets assuming NO revenue from Nippon
Dear Mayor and City Council:
Please visit this website, and consider the possibility that this could happen to Port Angeles if you do not
start to take steps to prevent it
Emerging clearly from the council's reaction to the public controversy over Nippon's biomass plant is the
realization that an urgent order of business is for the Council to start taking action now to plan for the
impacts to the city budget when the Nippon Mill ceases operations (which many of us think is likely in the
near future) or quits buying so much electricity from the BPA (which is another likely scenario if Nippon
instead uses electricity frorn burning biomass to supply power to the mill).
Factions representing Nippon's interests exert a strong influence on city government because mill
operations support so much of the general fund via utility taxes paid on the electricity purchased from
BPA. The City has suffered under that strangle -hold and feasted on that revenue fat for far too long: the
city needs to go on a budgetary crash diet. 9j"9vernment must start right naw cutfincl back vn
expenses and weary itself from a ane�industr -de endent source of o eratin revenue.
Shelve the fiscally irresponsible talk of operating a city municipal court and hiring a hearing examiner.
(These can be contracted -for with the County.) Cap the starting salary for the new city manager at $120K.
Impose a hiring freeze on all other personnel. Do not fill ANY city jobs when people leave. Better yet, start
dismissing people who have helped get PA into this fiscal dependency mess, and reorganize departments
accordingly. Heaven knows, with the liberal cash -out -of leave policies in existence now, it will cost us
dearly to pay off these people regardless of how they depart; that's fiscally painful, but apparently
unavoidable. Change those too -generous leave accrual and cash -out policies to ones that have more
realistic "use it or lose it" caps, Negotiate labor contracts that require city employees to contribute 25% or
more of the cost of their health insurance benefits. Those are just a few of the many ideas that would start
the city down the path of better budgetary management. These austerity measures need to be discussed
and implemented now — not ignored or put off until later.
In sum, please immediately start budgeting as if the city will receive zero revenue from Nippon. If by
chance the Nippon mill is still around for a few years to contribute same revenue to the general fund, then
bank it in reserves to use as a cushion for later. Do not let Port Angeles end up like Pontiac, Michigan,
having to lay off all police and firefighters and sell all city properties including city hall.
Thank you for considering my views, and for your courage in tackling tough issues.
Shirley Nixon
PO Box 178
Port Angeles, WA 98362
(360) 417-0850
shirleynixon@olympus.net
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1�,pr' 1 7, 201_
Cherie,
I am writing this letter to you because I think I do best in written
communication, and this wry I can be sure that I have said everything I want to
say.
Let me start by saying that for the past several years, I feel like I have
been one of your biggest supporters. I changed the dynamic you were faced with
by running for City Council, and winning. Then, when Larry Little resigned, I
was one of the people who urged Brad to apply for the open seat. Without my
vote for Brad, we would likely have had Glenn Wiggins instead. Then, I was able
to convince Sissi to run for City Council, and she won, And thus was the
support for you being Mayor created on the Council. (I have also been a
supporter and defender of you with the public on many, marry occasions.)
So I like to think that you know that I am not your enemy, nor a friend of
your enemies. (Enemies like Dick Piling, who ran Cody against you, for
instance, and who has nothing but disdain for you.)
But, the way you handled the public comments on the Nippon biomass
project, and the underhanded way you sent the Nippon Corporation a (in my
opinion) wildly inappropriate love letter immediately afterwards, well, that has
driven a wedge between us.
Then, when you responded to my heartfelt concerns about all that with
what came across as canned "your call is important to us" robo-speak, that
didn't help. Neither did your call offering to set up a private meeting between
Harold Norlund and myself so he could help me "understand." . at was
insu� It also perpetuates one of the major problems in Port Angeles -- the
perception that there are secret dealings and deals between the City and
Nippon. There have been enough secret meetings and deals in this town to last a
lifetime. I will not be party to any more. pan you see how thatwould lopk_to-axk---
outsider?
Please note, I relied on information that Harold Norlund had already
given us in reaching my conclusions -- conclusions I laid out in detail, and
citing Harold, at the meeting last Tuesday. I watched Harold as I made my
statements -- he didn t shake his head in disagreement, he didn't turn to the
people he was with and say "That's not what I said." He didn't challenge my
statement with one of his own. Nothing about his response showed he was in
disagreement with my statement of the facts. So the idea that he would have
anything more to tell me on this seems far-fetched. (More on that in a minute.)
Cherie, we are all elected, from various pools of voters, all bringing
various perspectives with us, to do the same exact thing: Represent the people
of Port Angeles to the best of our ability.
What I heard via the majority of the e-mails we received, and from the
majority of the public comments we heard, was the people of Port Angeles
raising their voices in alarm. The people with vested interests in Nippon (their
workers, their lobbyists, the timber coalition representative) were, of course,
vocal in their support for the biomass facility. But the people of Port Angeles,
and our health care providers, raised their voices in alarm. They provided fad's
to back up their concerns from respected, reputable organizations like the
American Heart Association, the American Medical Association, etc. And Sissi
reminded us that the "review" done by the Planning Commission was so rushed
she didn't have time to actually read the materials given to her.
But their pleas, and their facts, fell on deaf ears.
Then you read what seemed to be a press release written by Nippon,
praising them - and, essentially, telb_A U=-p 4dc f-P, t-Angelcs-YOu-dQ-nat--
caM'
The people who elected you to office asked you - begged you - for help,
and you told them that you do not care. They pleaded for the health of our
seniors, and you told them you do not care. They pleaded for the health of the
children in our community and you told them you do not care.
Tiaen in a f i ex act. that-.emed-e&Uous_BnA.inwmsiti-ve, you sent
another love letter to Nippon, bowing down to a corporation that doesn't give a
damn about Port Angeles. You degraded yourself, and undermined your own
respect and authority in the community by doing that, Cherie. Again, you told
the people of Port Angeles that they are, at best, second-best. Nippon comes
first - all other considerations be damned.
Now, I am trying, really trying, to get past this wedge between us,
because that is what is in the best interests of the City. I know we have a lot of
big issues on our immediate agenda. So I am trying. But you need to know, I
seri stxll_incredibly, hurt and angry about how this all transpired..,
One thing you could do to help me would be to answer a few questions i
have, to help me understand where you're coming from.
The first question is very simple. Do you really, really think that the
people who actually make the decisions about what happens with the Nippon
mill here - the people on the Nippon Board back in Japan -- do you really think
they care what happens to the town of Port Angeles? If your answer is yes,
please explain why you think this.
Second question: Have you ever considered the possibility that Harold
Norlund has, or would, lie to you about any aspects of this project? If your
answer is no, please explain why you think this.
Third question: Did you read the reports from the aforementioned health
organizations given to us? If not, why did you feel comfortable ignoring them? If
yes, why did you feel comfortable ignoring the facts they presented?
Final question: What is your view of the health and environmental,
concerns raised by the opponents of this project? Do you think they are a
bunch of cranks? If not, please tell me how you are able to put the actual,
physical health of your constituents second behind the desire of a foreign
corporation to malce profits?
4r let me put it this way: If you lose your Job, you can find another one.
If you lose your health, your ability to breathe easily, or your life, those things
are gone forever.
I really need for you to help me understand, Cherie. I need to know what
thought processes you used to come to a place that (to those on the outside)
seems to be so hostile to the people who elected you, and so beholden to a
foreign corporation that, at best, employs 1% of the population of Port Angeles.
Needless to say, we've all seen the great amounts of agitation in our
culture over the 1% versus the 99% over the last year or so. And I will have to
support the 99%, the people of Port Angeles, in that struggle locally. As an
elected official, and as a person with a conscience, what else can I do?
But I don't want you as an enemy, Cherie, So please, please, help nee to
understand.
Page 1 of 2
Date sent: 4/8/2012 8:20:00 AM
From: Mmania@cityofpa.us
To: michaelbunnell@olypen.com
Bcc: catherineharper8@wavecable.com; cmfusk@olypen.com; cpratt@sequimwa.gov;
darlenes@olympus.net; dartwhitmore@gmail.com; dorotheahk@me.com; geraldsueellen@hotmail.com;
kj.art@hotmail.com; lavender@nikola.com; macrobbie@olympus.net; marscha117@msn.com;
normagene@olympus.net; nursebikerider@yahoo.com; olympicportalsproductions@gmail.com;
paexaminer@gmail.com; pbnturner@olympus.net; peteretepl3@hotmail.com; polliwog45@yahoo.com;
revival@wavecable.com; sequimhealer@gmail.com; sevilletal@yahoo.com; shirleynixon@olympus.net;
stan-p@olypen.com; tallgreen@islandnet.com; tdmcc888@yahoo.com; writer@olypen.com
Subject: RE: Who's Who
Hey Mike,
I think it's a good idea. I would also suggest that this list include all ways of contact these people (e-mail,
mailing address, etc.), and that this list include the mailing address for the Nippon Board over in Japan.
Everyone else is just a middleman, really.
Also: I'd strongly suggest trying to get as many people as possible from this e-mail list actively involved
in meetings, and other activities - and to branch out from there. Cherie Kidd was down at the Farmer's
Market at the City Council table yesterday all by herself. I declined to go, but, I did stop by near the end
of her "shift" to drop a note off to her, and saw that the ONLY notes she had written on her notepad were
"Support for NPI" with three or four checkmarks next to it. This is unacceptable, in my opinion. We
NEED to have people out there when these opportunities arise, holding signs and making comments -
AND making it impossible for Cherie (or anyone else) to try and spin this issue their way.
Also: The PDN today says that the Sequim City Council will be holding a public meeting on the biomass
project on Monday, May 14th at 6:30PM at the Sequim Transist Center/City Council chambers. It's on
my calendar - and hopefully there'll be someone headed back to Port Angeles afterwards.
Thanks to you all,
Max
From: michael bunnell [michaelbunnell@olypen.com]
Sent: Sunday, April 08, 2012 8:29 AM
To: Max Mania
Subject: Who's Who
I wonder if we should put together a "Who's Who" list for new
recruits to our movement. Many of the people who get onboard with us
may not know who Harold Norlund is, or Cherie Kidd, or any of the
speakers (both pro and con) at last week's city council meeting who
gave their job titles or referred to specific people or agencies as
their sources of information. I confess that I didn't know who you
were until Margot brought me into the fold.
If people would care to provide me with whatever names and basic info
they have, I'd be glad to put the list together in a form that might
be a handy reference for the troops.
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Date sent: 4/8/201211:13:09 AM
From: Mmania@cityofpa.us
To: kj.art@hotmail.com; oh.tortuga.43@gmail.com; shirleynixon@olympus.net;
windenergy@olypen.com
Subject: RE: the Sequim City Council meeting on biomass
Please be sure to point out - as Sissi reminded us during the last City Council meeting here - that the Planning
Commission approved this even though they didn't have time to read the materials presented to them. Needless to
say, this would have had a, shall we say, negative effect on any public comment against this project that said
Planning Commission would have heard. But, as a way to demonstrate how this was ramrodded through, it makes
the "process" clear.
You might also want to point out that Nippon was so sure of their approval for this from those who were supposed
to be "permitting" and "overseeing" this project that they started work on it before they had thelr permits.
Again, the "process" followed on this stinks, absolutely reeks, of favoritism and rubber-stamping.
Thanks for all you're doing...
Max
From: Shirley Nixon [shirleynixon@olympus.netj
Sent: Sunday, April 08, 201211:22 AM
To: 'Kjersti Reed'; Max Mania; 'Bob Lynette'; 'Robb Reed'
Subject: RE: the Sequim City Council meeting on biomass
I received this information below from Candace Pratt, Sequim City Council member. The "Laura" she refers to is
Laura DuBois, another member of the Sequim Council. I'm being asked to put together a timeline hand-out of the
permitting processes and financing for the Nippon project; so any input folks may have on that would be welcome.
Shirley
"Laura and I met this afternoon and came up the following:
Purpose: to give factual information about Nippon's cogeneration plant to the
Sequim City Council and citizens without fear -mongering.
To save time, we would like a handout that gives the timeline/history of the
permitting process for the Nippon cogenerational plant. This may be the place for
the financing of the plant ... if that would be of interest to us. Based on your
email, it sounds like you have this information, so we'd like you to write this
up for us, if you are willing to do so. It should be in laymen's terms and not
overly detailed.
Vicci Rudin has agreed to moderate.
Mark Goodin of ORCAA has agreed to participate. We will ask him to discuss
permitting, current standard, and the wind currents from PA. Is Sequim in the
path of prevailing winds from the plant?
Bob Lynette will speak to his area of expertise: energy>renewable vs alternative;
cogeneration or biomass; efficiencies of the plant.
Dr Koes Kolff of PT to address in laymen's terms what we know and what we don't
know.
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Page 2 of 2
This will be followed by comments/questions limited to one minute from the
audience answered by the panel, to conclude no later than 9 pm. Any unexpressed
comments are to be submitted to the City Clerk in writing."
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Date sent: 4/8/2012 8:25:41 PM
From: Mmania@cityofpa.us
To: michaelbunnell@olypen.com
Cc: darlenes@olympus.net; dorotheahk@me.com; marscha117@msn.com; normagene@olympus.net;
nursebikerider@yahoo.com; paexaminer@gmail.com; peteretep I 3@hotmail.com;
shirleynixon@olympus.net; tallgreen@islandnet.com; windenergy@olypen.eom; writer@olypen.com
Subject: RE: Idea for Parents
Hi Michael,
I was just trying to come up with a good name for a "parents group" to address this issue, and ... There it
was. Needless to say, if you tag "Port Angeles" on either end you wind up with PAPAPA, and run the
risk of sounding like a version of Surfin' Bird.
But, in all seriousness, I think from a PR perspective, and a messaging/branding perspective, that a
parents group (with an easy to remember name) is a good idea. I mean no offense at all when I say that
many of the people who are fighting this battle right now are more grandparent -types than parent types.
And, if you wanna lay the guilt on good and thick, I think that people concerned about their kids health is
a good way to do it. I mean, look a little kid in the eyes and say, "Hey! I'm gonna poison your air and
damage your (still growing) lungs - but you might have a job at the mill when you're older!"
A parents group might also be a good "come-on" for cold -call approaches to people - say, petitioning
outside a grocery store, or other places people gather.
I feel kind of like a jerk suggesting ideas that I really can't take the lead on, but...I share them as they
come to me. Hopefully my being on the inside (such as it is) is of some value, though...
Yours truly,
Max
From: michael bunnell [michaelbunnell@olypen.com]
Sent: Sunday, April 08, 2012 4:52 PM
To: Max Mania
Subject: Re: Idea for Parents
I'm intrigued already. Does "PAPA" already exist, or is that your
suggested name for a group yet to be formed?
mdb
On Apr 8, 2012, at 12:24 PM, Max Mania wrote:
> Hi All,
> One of the things that I think would be (potentially) effective in
> terms of PR and speaking to the City Council would be if there were
> more parents of school age children involved and speaking out. It's
httl)s://viewer.messaging.microsoft.com/blanlc,.him 4/26/2012
Page 2 of 2
> hard to take a stand in favor of harming children, and, if the
> Council continues to refuse to listen to the concerns on this
> issue, well, hopefully that would just motivate more parents to get
> informed and get involved.
> Maybe something like PAPA - Parents Against Poisoned Air. Needless
> to say, I can't take the lead on any such efforts, but, I do think
> as an "interest group," parents, speaking up for their children,
> might have some swaying power.
> Pour the guilt on thick. Keep the pressure on. Shame us into doing
> the right thing.
> Just my two -cents worth...
> Max
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Date sent: 4/8/2012 8:26:04 PM
From: Mmania@cityofpa.us
To: paexaminer@gmail.com
Subject: RE: Clean Air Action Steps
Hi Anami,
Well, in truth, the City Council could call a halt to this if they really wanted to - but they aren't going to want to.
However, I believe that we absolutely could get the Council to a place where they'd do something positive to
address this, short of shutting it down.
But, the people who could, and will, shut this down are the folks at Nippon. More precisely, the Nippon Board of
Dorectors over in Japan. Generate enough bad press and controversy and make sure they know about it, and this
(increasingly more risky and less profitable venture) will get shut down from the top, not from the bottom. I think
the idea now is to attack the problem from both sides - locally and overseas - and try to double -team the problem.
So, keep up the pressure, and stay tuned for more information...
Thanks a lot...
Max
From: Port Angeles Examiner [paexaminer@gmail.com]
Sent: Sunday, April 08, 2012 4:16 PM
To: 'ROSE MARSCHALL'; Max Mania; michaelbunnell@olypen.com
Cc: 'Diana Somerville'; 'Margot Fusk'; 'Dorothea K.'; normagene@olympus.net; nursebikerider@yahoo.coin;
peteretepl3@hotmaii.com; 'Maureen Wali'; 'Shirley Nixon'; tdmcc888@yahoo.com; 'Nelson Cone'; 'Kjirsti Reed';
murv_s@yahoo.com; appropopo6883@hotmaii.com; 'Crystal Tack'; polliwog45@yahoo.com; 'Bill Paquin'; 'Grace
Robinson Price'; 4dreamgal@gmail.com; 'Penny Burdick'; Tim Gutherie`; 'Francisco'; 'Linda Melos; 'Rick Marschall';
'Bob Lynette'
Subject: RE: Clean Air Action Steps
Hi all. I want to add to this discussion the main part I took away from that meeting. After all the back and
forth pro and con the city attorney stated something we should pay attention to; there is no way the
citizens or city council can legally stop the bio mass incinerator.
Of course those of you who know me know I do not give up just because someone says something is
impossible.
He also said that the only people who can stop this is ORCA (is that the correct acronym?) and that this
item is undergoing appeal right NOW. Also it has been said that people at ORCA have responded to all
of this new research to the harm caused by these incinerators. So should we not turn our efforts to
convincing ORCA of the dangers since they are the only people with the ability to legally stop this from
happening? Specifically alerting them to statements from doctors and research?
anamt
From: ROSE MARSCHALL [maiito:marschail7@msn.com]
Sent: Saturday, April 07, 2012 10:40 AM
To: Max mania; michaelbunnell@olypen.com
Cc: Diana Somerville; Margot Fusk; Dorothea K.; normagene@olympus.net; nursebikerider@yahoo.com;
httr)s:Hviewer.messaging.microsoft.com/blank.htm 4/26/2012
rage .4 or _j
peteretepl3@hotmall.com; paexaminer@gmaii.com; Maureen Wail; Shirley Nixon; tdmcc888@yahoo.com; Nelson
Cone; Kjirst! Reed; murv_s@yahoo.com; appropopo6883@hotmail.com; Crystal Tack; polliwog45@yahoo.com; Bill
Paquin; Grace Robinson Price; 4dreamgal@gmail.com; Penny Burdick; Tim Gutherie; Francisco; Linda Melos; Rick
Marschall; Bob Lynette
Subject: Clean Air Action Steps
4/7/12
Dear all,
At the Clallam County Healthy Air Coalition meeting last night we have decided to focus on three main strategies:
1. Send letters to Nippon, JAPAN and cc to Nippon Port Angeles.
Nippon Japan (I could not find an address to mail our letters. If someone can find it please send to all. If we
just sent to Nippon here in Port Angeles, it may not get back to the main company in Japan.)
Nippon Paper Industries USA
P.O. Box 271
Port Angeles, Wa. 98362
If you want help on this you can contact Diana Somerville. We are signing one letter from all and sending
individual letters.
2. Educate the doctors and get them on Board with the purpose of getting our Board of Health to declare a
moratorium for HEALTH reasons.
3. along with a presentation here and there as the weather warms up start to go to where the people are at
events: Sequim Irrigation Festival, -Be in the Parade!!! (we will need your bodies), Juan De Fuca Festival, and
continue to educate the public.
4. It could be very important for everyone to show up at the next Board of Health meeting on April 17th at 1:30
Clallam County Court House 4th and Lincoln, Port Angeles, and sign up to speak and also be a presence if you do
not want to speak; ask them to have a special hearing on the health effects that will happen on our community
and listen to some doctors in the know. Maybe we can Skype Dr. Hammins from Massachusetts even. We are
contacting others, more local, to see if they will come speak too. Please bring 8 copies of any health related
concerns (science papers etc.) to give to the Board of Health Members. (I think it is 7-8?)
5. Carry around our half sheets and talk to people, as we are finding out that the majority of people are still
uneducated about this matter,
Super Saturday to all,
Rose Marschall
360-808-2662
> From: i`rir(i, ni�Xc Pr- tN+cflPc1-W,
> To::1'ttt,;Ik_r�E'llsunt3(Ii�Cr;(,;IyJ)('1'1;�;C7t11
> CC: �vrit•c�r(aofypc�n,c:c»t!; n1rrt;hzli7�U)ffTSlS.cc�_r�:; (:�nfiasl;cil(3yf)C C1.r�i�i;11(�rotl?a{I7k(c�,ir�c�.con�;
nC)l'CYlc1C1�('IK'.{tl)C)I�i11113t]�i.rlk,'t; IttJrs�N%)li!(?rlti('( c1i�Ith()Lt.<:C)rlt, ll@tr*1 etE'.o1ryiCi)Ilbilli il�.((3TT1,?r)E'.�i}Ci71(tl�r<<1C-{fl^It'll>C^U(Tl;
I�h,\fIVrll(�?!N1caVC?t i)iJll'.L;C)t1"i; 'i!1111E',tl1t)(t�►,�_.ic�ly_�rtf�u5�n� �.atll(�C:�3fiijia�� 3l"IC3().C;C)ri1 --
> Date: Sat, 7 Apr 2012 08:55:48 -0700
> Subject: RE: Sorry I missed the meeting
> Hi Michael,
> Well, sorry you missed the meeting and all ... But I have no doubt that you'll find plenty to do with the good folks
fighting this beast as things move forward. Everyone I've spoken with has been very impressed with your public
https://viewer.messaging,microsoft.com/blank.htm 4/26/2012
Page 3 of 3
comments and/or what you've written. So stay involved, and, hey! Other people copied on this - Michael wants to
get involved. Drop the guy a note and get him working with you...
> Thanks - talk with you soon?
> Max
> From: michael bunnell [michaelbunnell@olypen.com]
> Sent: Friday, April 06, 2012 6:26 PM
> To: Margot-BlessingsKeep
> Cc: Max Mania
> Subject: Sorry I missed the meeting
> I guess that says it all.
> And yet I seem to have more to say. Please let me know of anything I
> can do to further the cause. I'll finish writing letters to the
> Sequim City Council tomorrow, and I'll try to do a letter to the
> editor of the PDN on Sunday.
> During some of the time that I can't keep my mind on other work, I've
> been pondering a set of handout sheets with "the other side of the
> story" on the various arguments used in support of the bio -burner.
> There are probably better ways to get the message out than handout
> sheets, but I guess I'm inspired by Thomas Paine and the pamphleteers
> and broadsiders (poster writers) of times gone by.
> Anyway, in the next few days I may have some trial balloons to float
> past y'all for your thoughts or suggestions.
> I won't be at the Farmers' Market tomorrow, but I'll try to make the
> next activity whenever and wherever it is.
> mdb
hiin-,-//viewel-.niessagina.microsoft,coni/blanl(.htm 4/26/2012
Page 1 of 2
Date sent: 4/9/2012 6:48:58 AM
From: Mmania@cityofpa.us
To: tallgreen@islandnet.com
Subject: RE: Idea for Parents.. and..
Thank you, Tyler - it is VERY much appreciated.
Max
From: tallgreen [tallgreen@islandnet.com]
Sent: Sunday, April 08, 2012 11:01 PM
To: Max Mania
Cc: catherineharper8@wavecable.com; cmfusk@olypen.com; dorotheahk@me.com;
darlenes@olympus.net; dartwhitmore@gmail.com; geraldsueellen@hotmail.com; lavender@nikola.com;
michaelbunnell@olypen.com; marscha117@msn.com;'Pat MacRobbie'; normagene@olympus.net;
kj.art@hotmail.com; nursebikerider@yahoo.com; olympicportalsproductions@gmail.com;
peteretepl3@hotmail.com; paexaminer@gmail.com; pbnturner@olympus.net; polliwog45@yahoo.com;
revival@wavecable.com; shirleynixon@olympus.net; sequimhealer@gmail.com; sevilleta 1 @yahoo, corn;
staiTp@olypen.com; tdmce888@yahoo.com; writer@olypen.com; oh.tortuga.43@gmaii.com;
windenergy@olypen.com
Subject: Re: Idea for Parents.. and..
Hi All,
Here are a few URLs/links for you to be aware of.
Here is a Iist of the Board of Directors of the parent company of
Nippon Paper Industries:
http://www.np-g.com/e/ir/director.html
and here is contact information in Japan for the Board members:
Contact information
Address: 1-2-2 Hitotsubashi, Chiyoda-ku
Tokyo 100-0003, Japan
Phone: +81-3-6665-1000
Fax: +81-3-3217-3000
I'll put together a list of media contacts in Japan, and other sources
that the group may find useful to demonstrate to the press, peoples, and
corporate Directors in Japan that we are not so thrilled with their
plans, here.
M
Tyler
https://viewer.messaging.microsoft.com/blank.htin 4/26/2012
Page 2 of 2
On 2012-04-08 12;24, Max Mania wrote:
> Hi All,
> One of the things that I think would be (potentially) effective in
> terms of PR and speaking to the City Council would be if there were
> more parents of school age children involved and speaking out. It's
> hard to take a stand in favor of harming children, and, if the
> Council
> continues to refuse to listen to the concerns on this issue, well,
> hopefully that would just motivate _more _parents to get informed and
> get involved.
> Maybe something like PAPA - Parents Against Poisoned Air. Needless to
> say, I can't take the lead on any such efforts, but, I do think as an
> "interest group," parents, speaking up for their children, might have
> some swaying power.
> Pour the guilt on thick. Keep the pressure on. Shame us into doing
> the
> right thing.
> Just my two -cents worth...
> Max
hrrn� llv;�w�, mPCC2frinn.micr09oft.eom/blank.htm 4/26/2012
Pagel of 3
Date sent: 4/9/2012 6:51:41 AM
From: Mmania@cityofpa.us
To: michaelbunnell@olypen.com
Cc: emfusk@olypen.com; dorotheahk@me.eom; marscha117@msn.com; normagene@olympus.net;
nursebikerider@yahoo.com; olynipicportalsproductions@gmail.com; paexaminer@gmail.com;
pbnturner@olympus.net; peteretepl3@hotmail.com; revival@wavecable.com;
shirleynixon@olympus.net; tallgreen@islandnet.com; windenergy@olypen.com; writer@olypen.com
Subject: RE: Idea for Parents
Michael,
If you know ANYONE who even MIGHT be concerned about this - whether they have school age
children or not - then PLEASE do reach out to them and see if they are interested in learning more. We
ALL should be doing that.
Let me know if I can help...
Max
From: michael bunnell [michaelbunnell@olypen.com]
Sent: Sunday, April 08, 2012 9:43 PM
To: Max Mania
Subject: Re: Idea for Parents
I think the organization is a great idea, and so is your suggested
name for it -- of course adding the extra "PA" on the end would ruin it.
You shouldn't feel at all like a jerk for sharing ideas that you
can't spearhead yourself-- in your position, you can't be the point
person in every skirmish. Having you on the inside is extremely
valuable, which is why it would be reckless to over -expose you in
every aspect of our campaign.
I agree that parents of school-age children are one of our best
target groups. If they're not already concerned, we need to make
them concerned. If you'd like, I'll initiate some contacts and see
if I can get a few such folks to attend a coalition meeting and see
where we can go from there.
mdb
On Apr 8, 2012, at 9:25 PM, Max Mania wrote:
> Hi Michael,
> I was just trying to come up with a good name for a "parents group"
> to address this issue, and...There it was. Needless to say, if you
> tag "Port Angeles" on either end you wind up with PAPAPA, and run
httnc•//viewer.messaginL,.microsoft.com/blank.htrn 4/26/2012
Page 2 of 3
> the risk of sounding like a version of Surfin' Bird.
> But, in all seriousness, I think from a PR perspective, and a
> messaging/branding perspective, that a parents group (with an easy
> to remember name) is a good idea. I mean no offense at all when I
> say that many of the people who are fighting this battle right now
> are more grandparent -types than parent types. And, if you wanna lay
> the guilt on good and thick, I think that people concerned about
> their kids health is a good way to do it. I mean, look a little kid
> in the eyes and say, "Hey! I'm gonna poison your air and damage
> your (still growing) lungs - but you might have a job at the mill
> when you're older!"
> A parents group might also be a good "come-on" for cold -call
> approaches to people - say, petitioning outside a grocery store, or
> other places people gather.
> I feel kind of like a jerk suggesting ideas that I really can't
> take the lead on, but...I share them as they come to me. Hopefully
> my being on the inside (such as it is) is of some value, though...
> Yours truly,
> Max
> From: michael bunnell [michaelbunnell@olypen.com]
> Sent: Sunday, April 08, 2012 4:52 PM
> To: Max Mania
> Subject: Re: Idea for Parents
> I'm intrigued already. Does "PAPA" already exist, or is that your
> suggested name for a group yet to be formed?
> mdb
> On Apr 8, 2012, at 12:24 PM, Max Mania wrote:
>> Hi All,
>> One of the things that I think would be (potentially) effective in
>> terms of PR and speaking to the City Council would be if there were
>> more parents of school age children involved and speaking out. It's
>> hard to take a stand in favor of harming children, and, if the
>> Council continues to refuse to listen to the concerns on this
>> issue, well, hopefully that would just motivate more parents to get
>> informed and get involved.
>> Maybe something like PAPA - Parents Against Poisoned Air. Needless
>> to say, I can't take the lead on any such efforts, but, I do think
hti,os://viewer.messaging.microsoft.com/blank.him 4/26/2012
Page 3 of 3
>> as an "interest group," parents, speaking up for their children,
>> might have some swaying power.
>> Pour the guilt on thick. Keep the pressure on. Shame us into doing
>> the right thing.
>> Just my two -cents worth...
>> Max
httns://viewer.messaeine.microsoft.com/blank.htm 4/26/2012
Page I of 2
Date sent: 4/10/2012 11:59:38 AM
From: Mmania@cityofpa.us
To: Ckidd@cityofpa.us
Subject: RE: Response to your Letter from Saturday
Cherie,
While I appreciate the response, and am sorry that your basement is flooded (been there, done that), I am still
disappointed that you haven't answered any of the questions I asked you.
Hopefully we can talk face to face sometime soon, because I am feeling increasingly ... alienated.
Good luck with your house issues - see you soon...
Max
P.S. - I just have to note, in regards to Nippon "playing by the rules," that they started work on this project
without having all their permits.
From: Cherie Kidd
Sent: Tuesday, April 10, 2012 12:36 PM
To: Max Mania
Cc: Kent Myers
Subject: RE: Response to your Letter from Saturday
Dear Max,
Please accept my apology for not responding to your hand delivered letter on Saturday sooner. The basement of
my home is flooded and we are working diligently to save the carpet and furniture.
I also have to help out in our business and frankly, was a little bit under the weather yesterday.
First and foremost, I am sorry that you are hurt and angry at my opinions and statements. You stated that you do
not want me as an enemy. Max, I do not want you as an enemy either and choose not to think of you as an
enemy. You stated that you are incredibly hurt and angry. I am not hurt and angry at your responses to my
statements, even though it has been harsh. I choose not to be angry at you because you have earned my respect
too many times to let one incident drive a wedge between us, from my perspective.
At no time have I intended to seem callous and insensitive as you suggest. In fact, at our last Tuesday night
council meeting, the expansion of the 15 minute time period for public comment is only expanded "at the
discretion of the Mayor". You know that I made every effort to let every person speak. After the meeting, I made
a positive point to you that in fact, you DID get a forum. We just had it! I tried to be very fair to everyone in
attendence out of respect for the public and for you.
I disagree with your assessment that, by my actions, I told the people I do not care - I care every day about
helping our people and moving our community forward. You may disagree with my opinion, but I am puzzled that
you say that I do not care. i hope my history and my actions have proved otherwise.
I thought my call to you offering to set up a meeting with Harold could be helpful, and was not meant to insult you
- quite the contrary. Rumors and inuendos about the mill closing are not factual and I was hoping to help clear
this up in a positive way. I am sorry you took it as an insult. I was merely trying to find positive solutions.
Max, when a business has legally gone through the permitting process and we have no legal authority over the
decisions at this point, then we can choose to back off. The overriding issue here is "playing by the rules". NPI
Page 2of2
has played by the rules and has received their permits. If that is wrong, then we need to address changing the
rules, not ignoring them, or shouting them down.
I have read reports regarding biomass and intend to do a lot more studying regarding this issue. I have promised
Diana that I would read information sent by her and I will.
As we struggle with an down economy that has effected all of us, I don't think the council should disparage
investment that provides family wage jobs and benefits. The biomass issue will continue to be studied.
I appreciate all the positive influence you have had over the years and I personally will not let one area of
disagreement diminish my appreciation of you or your efforts.
Please let's continue to move forward to discuss and educate each other in areas of disagreement, not condem a
good working relationship over any single issue.
Best Wishes,
Cherie
From: Max Mania
Sent: Tuesday, April 10, 2012 6:23 AM
To: Cherie Kidd
Subject: Today's story in the PDN
Cherie,
To quote from today's story in the PDN: "There (sp) nothing better than a hometown business making a long-term
commitment," Kidd said Monday.
Cherie, you do realize that Port Angeles is notin Japan, right? Nippon is nota "hometown business." They are a
multinational corporation, with no allegiance to Port Angeles.
Note that "Norlund was not immediately available to comment Monday on Kidd's letter." And why not? My guess
would be because he didn't have permission from the powers that be in Japan to do so. The decisions regarding
the facilities here are not made here.
I would also note that I am disappointed that in the past 48 hours you've had time to further praise Nippon to the
press, but apparently have not had time to respond to the note I wrote you.
Still waiting, I remain...
Max
Page 1 of 1
Date sent: 4/10/2012 7:57:30 AM
From: tmiller@sequimwa.gov
To: Mmania@cityofpa.us
Subject: RE: Your Letter
Max,
Thanks for the note.
Incidentally, our CC is holding a study session to hear from both sides on the issue. It will take place at
5pm on 14 May at the Transit center. An informal poll of our council shows 2 members supporting the
Biomass plant, 3 leaning against, and 2 undecided.
-- Ted
From: Max Mania [Mmania@cityofpa.ns]
Sent: Tuesday, April 10, 2012 6:28 AM
To: Ted Miller
Subject: Your Letter
Hi Ted,
I just read your letter to the editor, and I had to write to say THANK YOU. At the biomass hearing here,
emotions ran hot on both sides, but the evening never degenerated into name-calling or insults... Except
when Dick Piling spoke. He was beyond out of bounds, and beyond rude, and I really appreciate someone
calling him on it. Dick's approach to politics - attack, abuse and confuse - have no place in a reasoned
discussion, and do nothing to help our community advance.
'T'hanks again, Ted. I'm so glad you're in there doing the hard work that your job requires. I know that you
approach it with a serious attitude, and a great deal of thought.
Yours truly,
uM.
Page 1 of 2
Date sent: 4/11/2012 7:35:04 PM
From: catherineharper8@wavecable.com
To: Mmania@cityofpa.us
Subject: Re: FW: Letter: From Nippon to Mayor Kidd
Starting work without a permit has a familiar ring to it.
It's classic Port Angeles to get a start on something
before it's been put to a vote or any "open" meetings have
been held. That way, when the complaints begin, they can
say "Oh, Gee, we've already started it. So sorry, but of
course now it'll have to proceed as planned." I've always
had the impression here that whatever meeting the public
is invited to is about an hour after the real meeting.
I'm absolutely sick about this, but I think it's a done
deal. Cherie Kidd's simpering letter certainly didn't
help, and that is ALL OVER the media. I don't know why,
but I expected better than that from her. Silly me.
Thanks for keeping up the good fight.
Regards,
Catherine
On Wed, 11 Apr 2012 16:46:56 -0700
Max Mania <Mmania@cityofpa.us> wrote:
> Attached is the response from Nippon, such as it is.
>Please note how they have "complied with all
>regulations," but no more. Except that, well, they did
>start work without a permit, among other
>"irregularities."
> Also, in preparation for the upcoming tour of Nippon for
>the City Council ... If anyone has anti -biomass buttons
>and/or t -shirts that they could loan me to wear on said
>tour, I'd be happy to hear about it. After all, we want
>to make sure we have open communication with our friends
>at Nippon. They care so much about our community.
> Thanks a lot - spread the word!
> Max
>From: Teresa Pierce
> Sent: Wednesday, April 11, 2012 1:57 PM
> To: Kent Myers; Glenn Cutler; William Bloor; Nathan
>West; Brad Collins; Brooke Nelson; Cherie Kidd; Dan
>DiGuilio; Max Mania; Patrick Downie; Sissi Bruch
> Subject: Letter: From Nippon to Mayor Kidd
Page 2 of 2
> Attached: Electronic copy of letter received today from
>Hiro Sagawa, President / Nippon Paper Industries USA
> To: Mayor Kidd
> Re: Response to Mayor's letter of April 4, 2012
Page 1 of 2
Date sent: 4/12/2012 11:51:22 AM
From: cpratt@sequimwa.gov
To: Mmania@cityofpa.us
Subject. RE: Biomass Meeting?'
Dear Max,
Thanks for the information. We have set up the informational forum primarily for Council education. The
Council was unanimous in asking for a balanced panel. We will have time for citizen
questions/comments, but I think they will be limited to one minute each. We expect it to last 2 hours.
See you Monday on the bus!
Candace
Candace Pratt
Sequim City Council
893 N Oxford Way
Sequim WA 98382
360-582-0114
cpratt@sequimwa.gov
From: Max Mania [Mmania@cityofpa.us]
Sent: Friday, April 06, 2012 10:26 AM
To: Ted Miller
Cc: Candace Pratt; Laura Dubois; Erik Erichsen
Subject: RE: Biomass Meeting?
Hi Ted (and other Sequim Council members),
Thanks for the reply, and for forwarding my message along. Even though this doesn't register as a
"problem" to the PA City Council right now, does not mean that it cannot be raised to a higher level
moving forward. IF the Sequim City Council were to pass a resolution opposing the project, that would
be a gesture we would have to take very seriously. I know a lot of citizens are working on a lot of
governing and regulatory bodies to try to get the message through to us that this is something to be
concerned about. So please, do NOT feel like this is a hopeless cause, or that anything you (or others) do
is a "futile gesture." This issue is NOT settled, this issue is NOT going away. And I do believe that time,
technology and science are on the side of those with worries about this project.
Anyway, if there's a meeting, and if I can come and observe, please just tell me when it is and where to
be. This is a priority for me, and I'm happy to particpate in whatever I can to help move this issue
forward. (Lord knows PA has spent enough time hurtling backwards...)
My best to you all - and many thanks.
Max Mania
Page 2 0J'2
From: Ted Miller j-tmiller u)sequimwa.gov]
Sent: friday, April 06, 2012 10:13 AM
To: Max Mania
Subject: RE: Biomass Meeting?
Max,
I also was pained to read about the PA CC decision; I had been looking forward to a joint meeting. I
forwarded your letter to our subcommittee on Biomass (Candace Pratt, Laura Dubois, and Eric Erichsen).
While a majority of our CC dislikes the project, I sense a general feeling ofhopelessness and
helplessness. Nevertheless 1 want a resolution opposing it from the CC, even if it is a futile gesture.
-- Ted
from: Max Mania `Mmania@cityofpa.us]
Sent: 'Thursday, April 05, 2012 8:11 PM
To: 'Ted Miller
Subject: Biomass Meeting?
I Ii Ted,
Well, I trust you've read the PDN and heard a few stories through the grapevine... Let's just say that last
Tuesday night was truly painful.
In any case, is your Council, or a sub -committee of your Council, having a meeting to discuss the
biomass issue? If so, could I possibly attend? Needless to say ... It's a topic of interest to me, and to the
community I represent. And, also needless to say, this issue isn't settled yet.
Of course, this is all assuming that you and/or your fellow Council members would be willing to
associate with someone such as myself.
'Take care, Ted, and keep on fighting the good fight.
Yours truly,
Max
littns://viewer.messaRin-,:.nIicrosolt.com/blank.him 4/27/2012
Page 1 of 1
Date sent: 4/24/2012 7:09:00 AM
From: Mmania@cityofpa.us
To: cpratt@sequimwa.gov; ldubois@sequimwa.gov; tmiller@sequimwa.gov
Subject: Biomass Forum (RIP.)
Hello All,
I just have to say ... I am extremely disappointed that you all chose to cancel a public forum that was already
scheduled, on a subject of clear concern to the public, due to what Harold Norlund "presented" to you. This
smacks of backroom deals and hidden agreements. It shuts the public out, but will not shut them up.
Please know that Harold has presented different "facts" at different times, tailored to different audiences. And his
"facts" overlook or play down the very real health issues with this project - and Sequim will be ground zerofor the
(literal) fallout, being that you're downwind. Bob Lynette has a greatdea/of information on this project -
information Harold Norlund would rather you not know about or think about.
I am amazed and saddened that you all seem to think that, A) Harold Norlund, who is most certainly a biased
party in all this, is giving you all the information, and B) That anything the Sequim Council decided or said would
be meaningless. It most certainly would not have been meaningless. You are our neighbors, and your voices would
have carried to the Port Angeles Council chamber.
But you have chosen not to raise your voices. And, from where I sit, it also looks like you have closed your minds
to anything that runs contrary to the corporate line. How sad. It does a disservice to your Council, and to your
citizens. Again, from where I sit, it looks like you were perfectly happy to make a decision without having all the
facts presented to you.
This is a sad day.
Yours truly,
Max
Page I of 1
Date sent: 4/25/2012 3:51:17 PM
From: Mmania@cityofpa.us
To: doroiheahk@mc.com
Subject: RL: Biomass Forum (RIP.)
Dorothea,
']'hank you for the kind words. I just wish I had deeper support on our Council...
Yours truly,
Max
From: Dorothea IIovcr-Framer [ dorotheahk a me.com]
Sent: Wednesday, April 25, 2012 3:55 PM
To: Max Mania
Subject: Re: Biomass Forurn (R.I.P.)
Beautiful letter you sent to the Sq. city countil l thank you for your
deep integrity, Dorothea.
hit ps://vi ower. mossagIn d,. nii croso ft. c orn/bI ai*,htni 4/26/2012
Page 1 of 3
Date sent: 4/24/2012 7:40:46 AM
From: shirleynixon@olympus.net
To: Mmania@cityofpa.us; writer@olypen.com
Ce: catherineharper8@wavecable.com; cmfusk@olypen.com; crystal@olypen.com;
darlenes@olympus.net; dartwhitmore@gmail.com; dorotheahk@me.com; geraldsueellen@hotmail.com;
jgoodrn@yahoo.com; macrobbie@olympus.net; marscha117@msn.com; michaelbunnell@olypen.com;
normagene@olympus.net; nursebikerider@yahoo.com; olympicportalsproductions@gmail.com;
paexaminer@gmail.com; pbntumer@olympus.net; peteretepl3@hotmail.com; polliwog45@yahoo.com;
revival@wavecable.com; sequimhealer@gmail.com; sevilletal@yahoo.com; stanp@olypen.com;
tallgreen@islandnet.com; tdmec888@yahoo.eom; windenergy@olypen.com
Subject: RE: Thanks
My hunch is that Norland exerted heavy pressure on Sequfm's City Manager, and quite possibly also got help from
our state elected officials (Tharinger, Van de Wege, Hargrove) and others to pressure the Sequim Council &
Manager. I'm sure Kent Myers pressured Sequim's City Manager, too Look at how quickly Burkett emailed Myers
to tell him the news about cancelling the biomass forum (Burkett notified Myers at 8.55 PM last night, two minutes
after informing Harold Norland and thanking him for his "excellent presentation" .)
My respect for Burkett lust dropped quite a few notches; I'd harbored higher hopes for the quality of Sequim's
leadership
Shirley
From: Diana Somerville [malito:writer@olypen.com]
Sent: Tuesday, April 24, 2012 8:10 AM
To: Max Mania
Cc: catherineharper8@wavecable.com; Margot Fusk; Darlene Schanfald; dartwhitmore@gmaii.com;
Dorothea Hover -Kramer; geraldsueellen@hotmail.com; Rose Marschall; michael bunnell; Pat MacRobbie;
Norma Turner; Tami Lee Mendonca; olympicportalsproductions@gmail.com; Anami Llami; Mury Sears;
Peter Karakondis; Helen Sears; Maureen Wall; j goodwin; shirleynixon@olympus.net Nixon;
sequimhealer@gmail.com; sevilletal@yahoo.com; starrp@olypen.com; tyler ahlgren;
tdmcc888@yahoo.com; Bob Lynette; Crystal Tack
Subject: Re: Thanks
�Nor[u�n�4'lw�og%tuilils-'Pn't'participate in a forum, so, of course, they let him speak first. End of stogy.
Here's what Candace Pratt said on behalf of the Sequim City Council:
From: Candace Pratt [mailto:candacep@wavecable.com]
Sent: Monday, April 23, 2012 9:19 PM
To: Vicci Rudin; Shirley Nixon
Subject: Forum cancelled
Tonight Sequim City Council had an excellent presentation from Harold Norlund
and his Environmental Specialist about the cogen plant, and he readily answered
our q's. (He had agreed to talk to the Council and answer our q's, but would not
participate in a forum.)
While we recognize there are health concerns, we are not the appropriate agency
to address them, and we have no authority to affect the outcome. There are
biomass plants in the state that have been up and running for a while, time enough
for the Washington chapter of the Amer Lung Assoc to weigh in on health
Page 2 of 3
hazards ... but I couldn't find any indication that they have. So we decided not to
proceed any further.
Thank you both for being willing to help me with this venture. I hope Shirley, you
haven't spent too much energy on the timeline. If so, I owe you.
Gratefully,
Candace
On Apr 24, 2012, at 7:58 AM, Max Mania wrote:
Hello All,
Well, gee, it seems the fix is in. See messages below for briefing of how the Sequim City Council
drank the Kool-Aid that Harold Norlund brought them. AMAZING. And pathetic. Because, as we
all know, Harold would never lie, right? Or present information shaded to protect his position?
And there just certainly couldn't be any information that might run counter to whatever Harold
says, right?
It's going to take another election cycle, and possibly some recalls, to get the elected officials in
this area to CARE ABOUT THE HEALTH OF THE PUBLIC. I am sorry for "shouting" with the
caps, but, this is so amazingly awful. No courage. No vision. Not even any questions. Just
everyone agreeing to go to sleep, and, as Pat Downie said, "Letting this corporation do what it
wants."
Please do let the Sequim City Council people know how you feel about this incredibly short-
sighted decision.
And keep the fight going. We have the facts on our side, as well as righteousness.
Yours truly,
Max
From: Kent Myers
Sent: Tuesday, April 24, 2012 7:48 AM
To: Cherie Kidd; Brad Collins; Brooke Nelson; Max Mania; Sissi Bruch; Dan DiGuilio; Patrick
Downie
Cc: William Bloor; Dan McKeen; Nathan West
Subject: FW: Thanks
Council Members,
Based upon this message received from the City of Sequim yesterday, it appears that the City will
not be hosting a biomass forum next month.
Kent Myers
Page 3 of 3
-----Original Message -----
From: Steve Burkett jmailto:sbui•kett@sequimwa.gov.I
Sent: Monday, April 23, 2012 8:55 PM
To: Kent Myers
Subject: Fwd: Thanks
Kent,
FYI
Stevc
Sent from my iPad
Begin forwarded message:
From: Steve Burkett<sburket@scquimwa.gov<�,,,;:�tte::,;l,�,:,i,„=. ,-. "'_'''•<' `>>
Date: April 23, 2012 8:52:39 PM PDT
To: "(harold.norlund@npiusa.com<, ,a''
<harold.norlund@npiusa.com<;,,; ,is:
Subject. Thanks
Harold,
Thanks again for taking time to educate us on biomass. Your presentation was excellent and
answered our questions. During the meeting the Council voted unanimously not to schedule a
forum on the issue.
Take care,
Steve
Sent from my iPad
Page I of 1
Date sent: 4/25/2012 1:06:33 PM
From: writer@olypen.com
To:
Bcc: Mmania@cityofpa.us
Subject: Sent to Sequim City Council
---------- Forwarded message ----------
From: virginia vadset <v'_ ,j�z_i t.t r iti,�ilw�woIn>
Date: Wed, Apr 25, 2012 at 10:05 AM
Subject: Biomass Forum
To: t.il\
Sequins City Council,
The Sequim City Council's cancellation of the May 14'th Biomass Forum is local government
at it's worst, allowing a large offshore corporation to make a presentation behind closed doors
with no public notification, input, or opportunity to respond.
Why are you afraid of giving equal time to learn the truth about how badly Nippon's toxic
monstrosity is going to pollute the air of 40,000 us living downwind? The health consequences
are life threatening. All the major medical associations are warning of the health hazards of
biomass incineration. You should be asking the Clallam County Board of Health to take action
on this very real coming health emergency.
Kitsap County, Mason County, and Vancouver all stopped biomass projects for health reasons.
Are you smarter or just uninformed?
Failing to act now will probably leave us with the unhealthiest air in the state. Who will want
to visit here, move here, or stay here?
Harold &Virginia Vadset
A I' ^r to n t
Page 1 of 2
Date sent: 4/25/2012 11:26:02 AM
From: Mmania@cityofpa.us
To: ldubois@sequimwa.gov
Cc: cpratt@sequimwa.gov; tmiller@sequimwa.gov
Subject: RE: Biomass Forum (R.I.P.)
Laura,
Please note I did NOT say you - or anyone - did or does "backroom deals." I merely said that this kind of
one-sided decision-making could easily be perceived by many as being the results of an "agreement"
made behind the scenes. Adding an additonal work session before the regularly scheduled Council
meeting, after the agenda had gone out—Having just the proponent of the controversial project
speak ... Then taking the step of actually cancelling a previously scheduled public forum on the subject.
Surely you can see how this MIGHT be seen by members of the public? Add to this the fact that Harold
Norlund is "unavailble" to come to a forum with those in opposition to the biomass project, yet is readily
available to come do a solo show, and you might wonder what Harold is trying to avoid? What questions
does he not want to have to answer in public?
And add to it all the fact that your City Manager immediately e-mailed our City Manager to tell him that
the forum was cancelled ... It all could seem very much like a one-sided, predetermined outcome. I'm not
saying that it was, but, to many people, this perception will be their reality.
So, again, I am saddened by this decision, but will continue to be an advocate for public health over
corporate profits. This is an issue of great importance to the entire County, not just Port Angeles, and it is
far from settled.
Yours truly,
Max
From: Laura Dubois [ldubois@sequimwa.gov]
Sent: Wednesday, April 25, 2012 11:01 AM
To: Max Mania
Subject: RE: Biomass Forum (R.I.P.)
I don't do backroom deals or have a hidden agenda.
Laura J. Dubois
City Councilmember
152 W Cedar Street
Sequim, WA 98382
360.477.4884
PS: Please note my email has change to Idubois@seqtiimwa.gov.
sequimwa.gov.
From: Max Mania [Mmania@cityofpa.us]
Sent: Tuesday, April 24, 2012 8:09 AM
To: Ted Miller; Candace Pratt; Laura Dubois
Subject: Biomass Forum (R.I.P.)
Hello All,
AN/1/ A1n
Page 2 of 2
I just have to say ... I am extremely disappointed that you all chose to cancel a public forum that was
already scheduled, on a subject of clear concern to the public, due to what Ilarold Norlund "presented" to
you. This smacks of backroom deals and hidden agreements. It shuts the public out, but will not shut
them up.
Please know that Harold has presented different "facts" at different times, tailored to different audiences.
And his "facts" overlook or play down the very real health issues with this project - and Scquim will be
ground zero for the (literal) fallout, being that you're downwind. Bob Lynette has a great deal of
information on this project - information Harold Norlund would rather you not know about or think
about.
I am amazed and saddened that you all seem to think that, /1) Harold Norlund, who is most certainly a
biased party in all this, rs giving you all the information, and B) That anything the Scquim Council
decided or said would be meaningless. It most certainly would not have been meaningless. You are our
neighbors, and your voices would have carried to the Port Angeles Council chamber.
But you have chosen not to raise your voices. And, from where I sit, it also looks like you have closed
your minds to anything that runs contrary to the corporate line. How sad. It does a disservice to your
Council, and to your citizens. Again, from where I sit, it looks like you were perfectly happy to make a
decision without having all the facts presented to you.
This is a sad day.
Yours truly,
Max
Page 1 of 4
Date sent: 4/25/2012 11:04:33 AM
From: Mmania@cityofpa.us
To: michaelbunnell@olypen.com
Subject: RE: Thanks
Michael,
It can be a somewhat strange line to draw, but ... Being that anything and everything biomass MIGHT end
up before the City Council, or be considered Council business, I'd like to keep it here - even if it is just
venting, exploring "what if' scenarios, etc. Now, if there are things about biomass (or any City issue) that
you do NOT want to have here as a public record, please feel free to call me instead.
And, yes, anything to do with the show for the Fine Arts Center, which is, of course, a CITY facility,
should go to my personal e-mail. Which, of course, has the word "official" in it to simply further
confusify matters.
I'm tryin' to be discreet here.
Tryin'...
Max
From: michael bunnell [michaelbunnell@olypen.com)
Sent: Wednesday, April 25, 2012 9:40 AM
To: Max Mania
Subject: Re: Thanks
My mistake -- I thought communications about your personal thoughts
or non -City Council activities on biomass were to go to your private
address and only communications regarding your public words or
actions were to go to your guvmint address.
So let me get this straight:
Biomass stuff to guvmint address;
Theater stuff and so on to private address.
If you know what I mean.
mdb
On Apr 25, 2012, at 9:19 AM, Max Mania wrote:
> Also, FYI ... I wrote to three of the Sequim City Council members
> (from this account!) and, as of this moment, have not heard a peep
> back from ANY of them...And these were the three I was closest too,
> and respected most...
1, 11 1 1 1 AIrl/-!1,-
Page 2 of 4
> Amazing, and disheartening. But anger is an energy, too. So let's
> use our own personal biomass of outrage to keep us going, keep us
> fighting the good fight.
> Yours truly,
> Max
> From: Shirley Nixon [shirleynixon@olympus.net]
> Sent: Tuesday, April 24, 2012 8:40 AM
> To: 'Diana Somerville'; Max Mania
> Cc: catherineharper8@wavecable.com; 'Margot Fusk'; 'Darlene
> Schanfald'; dartwhitmore@gmail.com; 'Dorothea Hover -Kramer;
> geraldsueellen@hotmail.com; 'Rose Marschall'; 'michael bunnell';
>'Pat MacRobbie';'Norma Turner';'Tami Lee Mendonea';
> olympicporlalsproductions@gmail.com; 'Anami Llami'; 'Mury Sears';
> 'Peter Karakondis'; 'Helen Sears'; 'Maureen Wall'; 'j goodwin';
> sequimhealer@gmail.com; sevilletal@yahoo.com; starrp@olypen.com;
>'tyler ahlgren'; tdmcc888@yahoo.com; 'Bob Lynette'; 'Crystal Tack'
> Subject: RE: Thanks
> My hunch is that Norland exerted heavy pressure on Sequim's City
> Manager, and quite possibly also got help from our state elected
> officials (Tharinger, Van de Wege, Hargrove) and others to pressure
> the Sequim. Council & Manager. I'm sure Kent Myers pressured
> Sequim's City Manager, too. Look at how quickly Burkett emailed
> Myers to tell him the news about cancelling the biomass forum.
> (Burkett notified Myers at 8:55 PM last night, two minutes after
> informing Harold Norland and thanking him for his "excellent
> presentation" .)
> My respect for Burkett just dropped quite a few notches; I'd
> harbored higher hopes for the quality of Sequim's leadership.
> Shirley
> From: Diana Somerville [mailto:writer@olypen.com]
> Sent: Tuesday, April 24, 2012 8:10 AM
> To: Max Mania
> Cc: catherineharper8@wavecable.com; Margot Fusk; Darlene Schanfald;
> dartwhitmore@gmail.com; Dorothea Hover -Kramer;
> geraldsueellen@hotmail.com; Rose Marschall; michael bunnell; Pat
> MacRobbie; Norma Turner; Tarni Lee Mendonca;
> olympicportalsproductions@gmail.com; Anami Llami; Mury Sears; Peter
> Karakondis; Helen Sears; Maureen Wall; j goodwin;
> shirleynixon@olympus.net Nixon; sequimhealer@gmail.com;
> sevilletal @yahoo.com; starrp@olypen.com; tyler ahlgren;
> tdmcc888@yahoo.com; Bob Lynette; Crystal Tack
> Subject: Re: Thanks
> I am so disgusted.
> Norlund wouldn't participate in a forum, so, of course, they let
> him speak first. End of story.
> Here's what Candace Pratt said on behalf of the Sequim City Council:
. _. __.___n _..._.n -i..._1.1-.._.. A/7ti/7(117
Page 1 of 3
Date sent: 4/25/2012 10:00:13 PM
From: tallgreen@islandnet.com
To: Mmania@cityofpa.us
Cc: catherineharper8@wavecable.com; emfusk@olypen.com; darlenes@olympus.net;
dartwhitmore@gmail.com; dorotheahk@me.com; geraldsueellen@hotmail.com; jgoodm@yahoo.com;
lcj.art@hotmail.com; macrobbie@olympus.net; marscha117@msn.com; michaelbunnei@olypen.com;
normagene@olympus.net; nursebikerider@yahoo.com; oh.tortuga.43@gmail.com;
olympieportalsproductions@gmail.com; paexaminer@gmail.com; pbnturner@olympus.net;
peteretepl3@hotmail.com; polliwog45@yahoo.com; revival@wavecable.com;
sequimhealer@gmail.com; sevilletal@yahoo.com; shirleynixon@olympus.net; starrp@olypen.com;
tdmcc888@yahoo.com; windenergy@olypen.com; writer@olypen.com
Subject: Re: Biomass Forum (R.I.P.)
Hey Max, and others..
Had PBS on while I read your note. They
had a programme on called "America Revealed", about the US electrical grid
system. They said that half of all US electricity comes from coal fired
plants. Huge pit mines in Wyoming.
Yeah. "Burn, Baby, Burn".
Tyler
----- Original Message -----
From: "Max Mania" <Mmania@cityofpa.us>
Cc: <catherineharper8@wavecable.cotn>; <cmfusk@olypen.com>;
<darlenes@olympus.net>; <dartwhitmore@gmail.com>; <dorotheahk@me.com>;
<geraldsueellen@hotmail.eom>; <jgoodrn@yahoo.com>; <kj.art@hotmail.com>;
<marscha117@msn.com>; <michaelbunnell@olypen.com>; "`Pat MacRobbie"'
<macrobbie@olympus.net>; <normagene@olympus.net>;
<nursebikerider@yahoo.com>;<olympicportalsproductions@gmail.com>;
<oh.tortuga.43@gmail.com>; <paexaminer@gmail.com>; <pbnturner@olympus.net>;
<peteretepl3@hotmail.com>; <poIliwog45@yahoo.com>; <reviva@wavecable.com>;
<sequimhealer@gmail.com>; <sevilletal@yahoo.com>;
<shirleynixon@olympus.net>; <starrp@olypen.com>; <tallgreen@islandnet.com>;
<tdmcc888@yahoo.com>; <windenergy@olypen.com>; <writer@olypen.com>
Sent: Wednesday, April 25, 2012 12:14 PM
Subject: FW: Biomass Forum (R.I.P.)
> For what it's worth, here's the terse reply I got from Laura Dubois.
> Please note I did not say she (or anyone else) WAS engaging in "backroom
> deals," merely that this could be SEEN as having a certain backroom
> quality to it by many people. Still, it seems to be a sensitive
> spot ... I-Immm...
> Max
> From: Laura Dubois [Idubois cpsequimwa.gov]
httns://viewer.nlessaeinQ.microsoft.com/blank.htm 4/26/2012
MARCH 20, 2012
LATE ITEMS FOR THIS OR FUTURE AGENDAS
Mania - "For context, we've not only had some people here tonight from Sequim expressing concerns
about biomass, but yesterday when I was at the Transit meeting in Sequim, afterwards someone from
Sequim came up to me with concerns about the biomass. I would like to place on an agenda, ASAP, a
moratorium. I think we do need to discuss this."
APRIL 3, 2012
Mania - "I would like to start with just a clarification. 1, at the last meeting, called for an agenda item
to discuss this issue. I did so in response to a great many numbers of the public. I did not call for a
moratorium. I proposed we have a discussion about biomass. The newspaper didn't quite get the
nuance. Perhaps they can get it this time. And, I still am in favor of having this discussion. I've been
told that the Sequim City Council is having a meeting on this issue on May 14 they have it scheduled.
So, I would just move that we proceed with a joint public meeting with the Sequim City Council to
discuss the biomass facility on May 14 at a location that is convenient with the Sequim City Council."
It was moved by Mania and seconded by Bruch to hold a joint public meeting with the Sequim City
Council to discuss the biomass facility, on May 14, at a location that is convenient with the Sequim
City Council.
Council discussion followed.
Mayor noted that Council just held a public forum on this issue and listed all of the public forums on
the issue to date. SEE list.
Downie............
Bruch......
Di Guilio.......
Nelson........
Collins ......
Downie again...
Mania...... "The moratorium word got attached to me, but it was not my language.........
Nelson...........
Motion failed 5 to 2 with Kidd, Downie, Di Guillo, and Nelson voting in opposition.
Page 1 of 2
Date sent: 5/30/2012 6:50:41 AM
From: Mmania@cityofpa.us
To: paexaminer@gmail.com
Subject: RE: PRIDE Celebration?
Hi Anami,
You know, it occurs to me ... Your shop would be a great place to do your own PRIDE celebration. If that's an idea
you could get into, I'd be happy to help out, write a press release for it, etc. Let me know...
As for the pointlessness of attending City Council meetings... Welcome to my Hell. I have to be there. In any case,
needless to say, anything I can do to help you cover issues, get the word out, etc., just let me know. We need to
get more people involved with local politics. Like the song says, "Silence is the enemy, against your urgency." So
speak up people!
Yours,
Max
From: Port Angeles Examiner [paexaminer@gmail.com]
Sent: Tuesday, May 29, 2012 10:18 AM
To: Max Mania
Subject: RE: PRIDE Celebration?
Yeah... a pride without gay people, funfun. Don't they know gay people make things, well gay? Weird.
Sorry I disappeared that biomass fiasco sort of turned me on to the pointlessness of attending city council.
We are regrouping with a new and improved plan to improve the plans goals and successes of PA. I am
writing a response to the "green" email you sent. There are several bald faced lies on there!
anami
From: Max Mania [mailto:Mmania@cityofpa.us]
Sent: Monday, May 28, 2012 7:54 PM
To: Port Angeles Examiner
Subject: RE: PRIDE Celebration?
Well, I have found out more since I sent the e-mail to you... Apparently the local Democrats are doing some sort of
event to (in my opinion) take advantage of the recent press around gay marriage. But being that they don't seem
to be letting our local LGBT folks know, I kinda doubt it's going to be much of anything... Just political posturing.
But I'll let you know if I hear more, or hear differently.
And, in any case, thanks for the response. See you soon, I hope.
Max
From: Port Angeles Examiner [paexaminer@gmaii.com]
Sent: Monday, May 28, 2012 3:49 PM
To: Max Mania
Subject: RE: PRIDE Celebration?
https://viewer.messaging.microsoft.com/blank.htm 7/20/2012
> >-------- Original Message --------
> > Subject: Election Results (from Dirty Tricks)
>> From: M Mania <officialmaxmaniaa) /al�oo.co-n>
>> To:
> > CC:
> > For those of you who don't know, or who don't know the (nearly) final
count ... Dale came in a strong third in the County Commissioner primary
election. We have no doubt - none whatsoever - that she would have easily
made it into the top two if not for the near -constant sabotage coming from
the current Chair of the Clallam County Democratic Party, Matthew
Randazzo, over the past several months.
> > Among other things, Randazzo, and his former chief stooge, Jack
Slowriver, engineered:
>> * A phone call from Steve Tharinger the same day Dale told Randazzo she
was going to run. Far from being an encouraging call, Steve Tharinger called
to try and talk Dale out of running, to protect his friend Mike Chapman.
> > * Sent out a poisonous, slanderous e-mail about Dale, "warning" people
not to vote for her, and telling outrageous lies about her. This same e-mail
"endorsed" non -Democrat Mike Chapman.
> > * Refused to even acknowledge her candidacy on the Clallam Democrats
website or Facebook page.
>> * Spewed out a steady barrage of lies and distortions about Dale.
> > * Filed a totally baseless "ethics complaint" against me with the City of
Port Angeles, in an attempt to smear Dale by association. I am still dealing
with the BS this action created.
> > * I also believe that Patti Morris was talked into getting into the race to
split the Democratic vote. Can I prove this? No. But if you look at her
essentially nonexistent "campaign," you'll see that she was clearly, clearly not
"2" J
behaving anything like a serious, authentic candidate. (And came in a distant
fourth to prove it...
> > And on and on and on. Dale ran a strong, smart, organized campaign,
and got great traction - but every step of the way she was fighting the
corrupt "leader" of her own political party. Why would Randazzo do this? I
can only speculate. Given that he has also sabotaged the campaigns of other
women, I assume that some level of sexism is involved. And, given that
Randazzo doesn't seem to do anything for free, I also assume he's getting
something from Mike Chapman for all the "work" he's done for him.
> > And by the way ... For those of you who think Chapman is Mister Clean,
and not involved in or aware of all the dirty dealings going on in this
campaign, let me tell you something. Within an hour of the bogus
"complaint" being filed against me, Mike Chapman's campaign manager,
Paul Martin, was calling the City, asking for a copy of the "complaint." (Gee, I
wonder who called him to tell him, and why? After all, it was supposedly a
"complaint" against me.)
> > Paul Martin was also there in Council Chambers last Tuesday (election
eve) - even before members of the Council arrived -just waiting, hoping, that
there would be some discussion of the "complaint" against me. When he was
told it wouldn't be addressed that evening, he left. Translation: Right up until
election eve, Mike had his guy right in there, ready to play dirty. Now, that
won't be necessary - but, as mentioned above, I'm still dealing with the SS
left behind.
> > All this - and so much more - all from Matthew Randazzo. He's screwed
people over left and right (but mostly left) since arriving here, and Dale is just
his latest victim. Hopefully she'll be his last. (Those interested in learning
more, feel free to contact me.)
> > If you care at all about progressive, center -left politics...If you believe in
playing fair ... If you want to live in a community where civility, honesty and
integrity are part of the political scene ... Then I urge you to educate yourself
about Matthew Randazzo. Until he is banished from the local political scene,
there is little hope for clean, honest, responsive ideas to get a fair shake here.
> > In closing, let me say a heartfelt thank you to the hundreds of people
who supported Dale during her campaign. As for the handful of people who
continue to prop up Matthew Randazzo, shame on you.
> > Yours truly,
> > Max Mania
> > Overthrow the effigy
> > The vast majority
> > We're burning down the foreman of control
> > Silence is the enemy
> > Against your urgency
> > So rally up the demons of your soul
> > Green Day/"Know Your Enemy"
A sampling of Public Feedback/Responses
from Max Mania's City E-mail Account
August 17th, 2012: From Kevin Tracy
"Thanks for the update... Again, thanks for your support."
In response to ongoing concerns about the PADA.
June 21St, 2012: From James Trekas
"Thank you Max! This helps out quite a bit."
Mr. Trekas is a local amateur historian. This message was in response to my
getting him some information about getting access to the clock tower in the
County Courthouse in order to work on a video history of it.
June 19th, 2012: From Alan Turner
"Thank you very much for your help."
In response to comments/ concerns that Mr. Turner had sent in about the Laurel
St. stairs. In another e-mail related to this, Mr. Turner explains that, though he
wrote to all the Council, only two replied to his e-mail. I was one of the two.
June 17th, 2012: From Harley Oien
"I appreciate your interest and would be glad to meet informally with you and
Mr. Keene (McKeen)."
In response to concerns Mr. Oien has about the City Dump.
June 16th, 2012: From Ted Miller (Sequim City Council)
"Thanks for the sentiment."
In response to a note about Sequim asking for air monitors.
May 11th, 2012: From Mike Green
"Thanks for the forward. I appreciate your thoughtfulness in including me in
this information."
In response to my forwarding Mr. Green information about the Clallam County
Heritage Board's interest in Locomotive #4 - a subject that I knew was also of
interest to Mr. Green.
April 26th, 2012: From Teresa Pierce
"I will forward to Peter with the email address I have on record. Thanks for the
suggestion!"
In response to my suggestion that Peter Ripley be forwarded information on an
upcoming local meeting of the Washington State Governor's Committee on
Disability Issues and Employment - subjects I knew might be of interest to Mr.
Ripley.
April 12th, 2012: From Catherine Harper
"Thanks for keeping up the good fight."
In response to issues with Nippon.
April 6th, 2012: From Catherine Harper
"Thanks, Max, for all of us."
In response to issues with Nippon.
April 5dz, 2012: From Cherie Kidd
"Thanks Max. I appreciate your thoughts and your input and your out of the
box thinking... Thanks for speaking up."
In response to issues with Nippon.
April 4+h, 2012: From Gerald Carpenter
"I appreciate that you are willing to hold out against the majority to obtain the
best possible outcome."
In response to issues with Nippon.
April 2nd, 2012: From Catherine Harper
"Thanks, Max, for being the voice of sanity out here in the wilderness. You are
appreciated."
In response to issues with Nippon.
March 26th, 2012: From Mindy Mayfield
"I was in tears of thankfulness when I read in the paper that you took a stand
at city council, to study biomass in PA. Thank you so very much."
In response to issues with Nippon.
March 19th, 2012: From Angela Nagel
"...thank you for taking time out to talk with me! Thanks for getting my card to
Tom Callis, I will follow up on that."
Ms. Nagel is the AmeriCorps volunteer coordinator with the local YMCA. She and I
met to discuss ways for her to do outreach to potential volunteers/mentors in the
community. One of my suggestions was to talk to Tom Callis about doing an
article about her program - and as follow up I talked with Tom and gave him her
contact information.
March 3rd, 2012: From Paul Lamoureux
"Thanx ... Really appreciate your explanations on the transition subject ... Thanx
Max for your note... Appreciate your time with it."
In response to e-mails about the waterfront redevelopment and the Transition
Town concept.
February 23rd, 2012: From Norma Turner
"Thanks for asking."
In response to my following up with Mrs. Turner about whether or not she had
heard back from anyone in answer to her questions about the FEMA lawsuit.
January 17th, 2012: From Anami Cloud
"Thanks for your reply ... Thank you for the invitation to the retreat ... I will check
to verify that it is a public meeting."
In response to an e-mail about several City issues.
November 5d1, 2011: From Jackson Smart
"Thank you Max. As always .... your (sp) on the job."
In response to Mr. Smart's concerns over the new "smart" meters.
November 3rd, 2011: From Shirley Nixon
"Zero response except for you. Thank you!!!"
In response to my following up with Mrs. Nixon about whether or not she had
heard back from anyone in answer to her questions about the City's attempt to
become a Natural Resources Trustee for the Rayonier site.
September 22nd, 2011: From Patti Carman
"Out of all the council folks, I always like to hear what you have to say. I like
your approach and your understanding of the many topics. You always seem
the most approachable. So yes, thank you."
In response to a vote on repairs for the Olympic Discovery Trail.
July 13th, 2011: From Paul Lamoureux
"Thanx, Max—Appreciate the extra efforts..."
In response to questions Mr. Lamoureux had about the Housing Authority. I
followed up with Nathan West, then forwarded information along to Mr.
Lamoureux.
June 3rd, 2011: From Anne Shaffer
"I've VERY much appreciated your letters to the ed (editor) - keep up the good -
work it is an enormous relief to have you working for the community..."
In response to a letter to the editor I wrote about the Esprit Conference.
May 251h, 2011: From Kara Connor
"It was nice meeting you at Esprit. I thought you gave a great speech about how
you feel about the conference and the attendees."
In response to the keynote introduction speech I was asked to give at Esprit
2011, which Kara attended - coming all the way from London, England.
May 23rd, 2011: From Christopher McMahon
"Kind greetings! Thank you for your prompt response. It is very much
appreciated."
In response to Lincoln Park issues.
April 6th, 2011: From Alan Turner
"Giving you a heads up that we put the following message on our blackboard
this morning: A rave to Max Mania - Finally a city council member who calls it
like he sees it and with the courage to give voice to what many of his fellow
citizens are thinking."
Sent in response to general City/budget issues.
October 21St, 2010: From Carol Foss
"Thank you for your very reasoned, personal response. I appreciate it."
In response to the idea of the City instituting business licenses.
• MINUTES
PLANNING COMMISSION
Port Angeles, Washington 98362
June 27, 2012
6:00 p.m.
ROLL CALL
Members Present: Doc Reiss, Amanda Anderson, David Miller, John
Matthews, Duane Morris, Scott Headrick
Members Absent: Tim Boyle
Staff Present: Nathan West, Sue Roberds, Heidi Greenwood
Public Present: Steve Zenovic, Richard Geddes, Fred Kraft, Linda Crow,
Mel and Vicki Rudin
PLEDGE OF ALLEGIANCE
Chair Reiss opened the regular meeting at 6:00 p.m. and led the Pledge of Allegiance.
APPROVAL OF MINUTES
iCommissioner Miller moved to approve the special meeting minutes of May 30,
2012. The motion was seconded by Commissioner Morris and passed 6 — 0.
PUBLIC HEARING:
Commissioner Headrick noted that the company he works for and is a partner in did the
engineering for the intended parking lot redesign. He did not have a part in that work. Upon
advice from Attorney Greenwood, he recused himself from the hearing and left the room.
Chair Reiss read the qualifying questions for quasi judicial proceedings to the remaining
Commission members regarding Appearance of Fairness matters. No one else had any potential
conflicts to report.
CONDITIONAL USE PERMIT CUP 12-0-1— FINE ARTS CENTER,
1203 East Lauridsen Boulevard: Request for revision to an off street
parking lot use associated with a Fine Arts Center permitted use in the PBP
Public Buildings and Parks Zone.
Planning Manager Sue Roberds reviewed the staff report recommending approval of
the change in the off-street parking development with 3 conditions. She noted that although the
Fine Arts Center use is now a permitted use, it was originally approved through a conditional use
permit process. That conditional use permit process addressed neighborhood concerns regarding
parking lot access and the use of Jones Street and the 8/9 alley for access to and from the site.
The reason for the extraordinary permit process at this time is due to the awareness that there
is were neighborhood concerns regarding access to the site and the Fine Arts Center board and City
M-1
Planning Commission Minutes
June 27, 2012
Page 2 •
staff wanted to make certain the neighborhood is aware of the proposed site development
changes.
Chair Reiss opened the public hearing.
Richard Bonine, 321 East Fifth Street, Recreation Services Manager indicated that
Steve Zenovic of Zenovic and Associates Engineering and Surveying was present to answer
questions.
Steve Zenovic, Zenovic and Associates Engineering and Surveying, 301 E. 6th Street,
indicated that the Fine Arts Center Board objected to the proposed staff condition (#2) that
addressed final impervious generating surface area as it is too constrictive. He suggested that the
wording/condition be changed to indicate that post development will not be more than pre
redevelopment. He understands that the goal of the proposed condition is to limit additional
stormwater runoff. He proposed wording that would limit additional runoff but would allow for
more development flexibility.
Commissioner Morris inquired as to whether Mr. Zenovic had evaluated pervious
materials. Following question, Mr. Zenovic responded that pervious materials have not been
considered but a fairly significant rain garden with tree vaults to capture stormwater is planned.
Pervious pavement is high maintenance and has not been a good payoff locally. The Fine Arts
Center Board hopes to keep their development options open.
Commissioner Morris felt that the Fine Arts Center may be losing an opportunity to show
case a low impact development that includes the proposed rain garden with perimeter plantings.
The use of a rain garden is an exceptional way to deal with water runoff and the additional use of
pervious pavers or concrete would be in line with what the Arts Center is trying to show case in
everything they do. The variety of low impact development techniques would be an everyday
display of acceptable methods to deal with pollution.
Mr. Richard Geddes, 1127 E. 9th Street is a neighbor in the immediate area. He said
that the neighbors he spoke with had not received a mailed notice nor seen the legal publication
in the newspaper. He was made aware of the public hearing because of the posted sign on the
site. Mr Geddes stated that "people are lazy." Visitors park as close to the entrance as is
possible so they won't have to walk and then when they leave, they go down the alley. The
proposal will require removal of the barricade which will allow even more people to leave the
site and travel down the alley. No consideration has been given to the 8/9 alley neighbors in this
plan. There should not be any parking on Jones Street. Expansion of the parking lot should be
to the east side of the water reservoir not on the west side of the reservoir. There is plenty of
room to take out the trees and expand the parking area along the east side of the reservoir. The
proposal should be denied. Access should be only to and from Lauridsen Boulevard.
Fred Kraft, 1130 East 91h Street lives one house away from the site. He did not see the
posting sign and was not mailed a notice of hearing. He believes that it is wise to continue to use
Lauridsen Boulevard and not to encourage any use of 9th Street. He agreed with Mr. Geddes that
the neighborhood was not aware of the public hearing. Shifting the access to the alley is not
wise. The area experiences flooding due to sewer issues in the area. He is concerned that
changes in the area topography may add to groundwater runoff in the area. If the neighborhood
had fully known of this plan, he is sure the neighborhood would not agree with the use of Jones
Street for parking ingress/egress.
In response to a question from Chair Reiss, Mr. Kraft answered that establishment of a
rain garden in the area may result in the capture of a good deal of ground water/storm water
runoff. Chair Reiss asked if traffic flow or parking along Jones Street is of the most concern.
M-2
Planning Commission Minutes
June 27, 2012
• Page 3
Mr. Kraft responded that traffic flow to the Fine Arts Center along 9th Street is his greatest
concern. No parking on Jones Street would lessen his concerns because parking on Jones will
increase the traffic on 9th Street. An access from Jones will encourage people to park along
Jones Street.
Linda Crow, 1212 Maletti Hill, Port Angeles represented the Fine Arts Center Board.
The funds to redevelop the off street parking area will come from restricted funds not from City
funds. The proposal will allow angled parking spaces that will result in many more parking
spaces than are possible with the current parking arrangement. A sign will be placed to inform
people that they cannot drive down the 8/9 alley from the exit. The reason for the Jones Street
exit is to allow an increase in traffic flow thereby relieving some of the exiting from the most
north portion of the off street parking area near the alleyway. No parking is available closer to
the structure in the wooded area due to the art park at that location. The proposal will make the
off-street parking site a very attractive place that will further define the art park area and will
enhance the neighborhood. She had no problem with no parking on Jones Street. The major
concern is to provide more parking and make the location more visible such that it enhances the
entire neighborhood and Center experience.
Commissioner Morris asked how often the parking lot fills up. Mrs. Crow responded
that there are events 4 times a year and various functions during the year. Many people do
choose to park on Jones Street. The Center is aware of the parking need and are trying to address
the matter to the benefit of the neighborhood and the public. Specific signage is intended to
make certain that those using the parking area use appropriate ingress/egress areas.
There being no further testimony, Chair Reiss closed the public hearing.
Commissioner Morris asked staff to explain the public notification process. Planning
Manager Roberds indicated that a typical 18 inch x 24 inch City public notice sign was posted at
the convergence of 9th Street at Jones Street. The sign was seen by Mr. Geddes and was why he
knew of the public hearing. Director West added that a notice was placed in the legal section of
the Peninsula Daily News, posted on the City's web site, and sent notices to property owners
within 300 feet of the site. Staff cannot explain why the notices were not received by the
property owners. Commissioner Morris stated that he is extremely sensitive to the need to
involve the public and ensure that the public is informed of potential changes in land use issues.
A continuation of this matter may be appropriate.
Commissioner Anderson wondered if there would be a method of signage such that the
public may not use 9th Street when exiting the parking area.
In response to Commissioner Miller, Director West indicated that staff would be in
agreement with a rewording of Condition 2 if the Commission believes it is appropriate as long
as no more pollutants or runoff is caused from site redevelopment.
Commissioner Matthews asked if notification by mail is a requirement. Director West
indicated that records indicate the mailing occurred, he could not explain why the mailing was
not successful. Commissioner Matthews wondered if Jones Street is to be widened. "No
Parking" signs or restricted time parking signs could be placed. Planning Manager Roberds
indicated that if the proposal includes widening of the street, it would have to be brought to City
standards because it is a public street.
In response to Commissioner Matthews, Planning Manager Roberds said that the reason
there neighborhood meetings were held when the Center was established was because the use
was new to the City and particularly in a residential neighborhood. The City reached out to the
• neighborhood to make sure everyone in the area would know of the impending use and to be able
to address concerns that were expected prior to a formal hearing process. A neighborhood
M-3
Planning Commission Minutes
June 27, 2012
Page 4
meeting was not held during the current process for a couple of reasons: the use has operated for
26 years without any complaint known to staff; and the property was rezoned in 1995 to Public
Buildings and Parks where such uses are permitted. The current hearing process was in an effort
to recognize the past process and try to ensure that all of those previous concerns would be
addressed thus building satisfaction in the neighborhood.
Chair Reiss asked staff to read a rewording of Condition 2 addressing Mr. Zenovic's
earlier concern.
Chair Reiss reopened the public hearing and asked Mr. Zenovic if staff's proposed
rewording of Condition 2 meets his concerns previously expressed. Mr Zenovic confirmed the
revision met his needs.
Mr. Geddes continued to express doubts that people leaving the Center will not use the
8/9 alley if the barricades are removed. People from the College use 9th Street and won't pay
attention to signage. He didn't know why additional parking couldn't be created east of the
water tower rather than along the west side of the water tower. In response to Commissioner
Miller, he explained the traffic pattern of the general public using 9th Street and the 8/9 alley and
believed that the current plan would only increase such that now Fine Art Center visitors would
also use 9th Street and the 8/9 alley.
Chair Reiss again closed the public hearing.
Commissioner Morris noted that the City has made every effort to notify the neighbors in
the area of the impending action and moved to approve the conditional use permit with the
following conditions, supported by the following findings and conclusions:
Conditions: 0
1. Ingress and egress to the Fine Arts Center off-street parking area may be revised to
include the use of Jones Street. Final site design shall be approved by City staff and will
include low impact development standard techniques and materials to address stormwater
control needs.
2. Ultimate site development runoff shall not be more than what currently exists.
Landscaping shall be approved by City staff with tree vaults appropriately sized to
support trees in a robust condition. Low growing groundcover should be scattered
throughout the site where desired. Stormwater controls will be used including rain
garden development.
3. Parking lot lighting shall be directed away from residential sites and shall be shaded or
utilize similar devices to reduce impact to residential uses.
Findings.
A conditional use permit application was submitted on May 29, 2012, for revision to
Condition #1 of Conditional Use Permit CUP 86(9)16 for the Port Angeles Fine Arts
Center. CUP 86(9)16 was approved for the use in 1986 with conditions addressing site
activities and off street parking lot ingress/egress and design. The proposal is to
redevelop the off street parking area associated with the Center use to increase the
number of off street parking spaces by redesigning the parking ingress/egress point. The
redeveloped off street parking lot will allow the use of Jones Street to access/exit the site
and will provide stormwater handling amenities and perimeter landscaping that does not
now exist.
M-4
Planning Commission Minutes
June 27, 2012
• Page S
2. The Port Angeles Fine Arts Center is located in a converted single family structure on an
approximately four acre site that consists of two parcels. Six parcels contain the structure
and grounds and one parcel contains the off street parking area and City water reservoir.
The maximum capacity of the structure is 83 people.
3. The property was originally zoned RS -7 Residential Single Family. The RS -7 zone
requires conditional use permit approval for art galleries and museums. The site was
rezoned to PBP Public Buildings and Parks in 1995 due to its ownership and operation as
a public building. Museums are permitted uses in the PBP.
4. "Art galleries and museums" are listed as conditional uses throughout the Port Angeles
Municipal Code. The PBP zone lists only "museums." Operationally, art galleries and
museums function largely the same use. It is believed that the lack of continuity in
language was an oversight and the two uses should be considered the same for zoning
purposes.
5. Given the degree of concern surrounding initial development of the site as a fine art
center with associated off street parking visible to the adjacent neighborhood, an effort
should be made to make certain that a revision to the permit conditions of approval
allows for public notification and comment on that change.
5. Thirty four (34) off street parking spaces were required for the Center use at the time of
development. No additional area has been added to the structure. The site currently
contains 20 parking spaces in the parking lot with 4 near the building. The proposed
• parking lot design will increase off street parking from 20 spaces to 32 spaces in the off
area with 4 handicapped spaces near the structure for a total of 36 spaces.
•
6. Parking lot design was approved through a series of neighborhood meetings at the time of
initial approval (1986). It was determined that the use of Jones Street for ingress/egress
would negatively impact the surrounding neighborhood. Condition No. 1 of permit
approval required a revision to the permit if revision to the parking lot design were
anticipated at a future date. No reports of on street parking or neighborhood concerns
have been received by the City on this matter over the past 26 years of use.
7. The City's Parking Ordinance requires 1 tree to be spaced throughout an off street
parking lot development for every group of 6 off street parking spaces created. Utility
constraints prevent such spacing in this site plan without the sacrifice of several needed
parking spaces. Perimeter landscaping is planned along Jones Street and east of the
parking lot area. Site development must observe City standards.
8. Public notice of a public hearing was placed in the Peninsula Daily News on June 6,
2012, with the site posted and notices sent to property owners within 300 feet of the
subject site on June 1, 2012. The written public comment extended until June 20, 2012
with no written comment received. Public notice indicated that consideration was
requested to allow use of Jones Street for ingress/egress to the site.
9. A Determination of NonSignificance was issued for the proposal on June 21, 2012. This
action satisfies the City's responsibility under the State Environmental Policy Act
(SEPA).
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Planning Commission Minutes
June 27, 2012
Page 6
Conclusions:
A. No public concern has been raised during the past 26 years of operation of the site as a
Fine Arts Center use. The City did not receive any comments from surrounding
neighbors or the general public during the public comment period for this revision
request which extended from June 1 to June 20, 2012. It can therefore be determined that
the use has not resulted a negative impact to the neighborhood or that the proposed traffic
revision would not be in the public interest.
B. The function of museums and art galleries is essentially the same. It can therefore be
concluded that, because museums are permitted uses in the PBP zone, with rezoning of
the site to PBP in 1995, the Fine Art Center use is now a permitted use rather than a
conditional use.
C. Redesign of the off street parking area will allow for the installation of site improvements
including stormwater controls where none currently exist, and landscape features to
enhance the view of the parking area from the street and surrounding residential uses.
Thus, the proposed development meets the intent of the City's parking regulations found
in Section 14.40 of the Port Angeles Municipal Code. Furthermore, utilization of Jones
Street for ingress/egress to the site will result in an increase in off street parking spaces
such that the use is in compliance with the City's Parking Ordinance for such activities.
D. The processing of this conditional use permit revision for the proposed action is in the
public interest given the degree of concern initially displayed in the development of the
Fine Art Center even though subsequent site rezoning did not necessarily require such
review. The revision continues the spirit of open communication that is necessary to gain
the public trust in matters of land use.
The motion was seconded by Commissioner Anderson and passed 6-0,
Commissioner Miller moved to forward a recommendation to the Public Works &
Utilities Department that: (1) Jones Street be signed for "No Parking;" (2) that Jones Street not
be improved in order to discourage non resident parking, and (3) that 9th Street be signed for
"local use only."
Staff noted that, although it is not possible to restrict use of a public street to resident use
only, the Commission may offer recommendation on any planning issue relative to development
in the City of Port Angeles. Those recommendations are not conditions, just recommendations.
Director West noted that the Planning Commission may always make recommendations
that will result in better planning for the City of Port Angeles to be passed along to staff for
review and potential implementation. Staff will review the recommendations to determine
whether they have resources to implement them and whether they meet with the goals and
policies set by the City Council.
Commissioner Morris seconded the motion which passed S —1. Commissioner
Matthews opposed the motion because he Jones Street should be improved if it is so heavily
used.
COMMUNICATIONS FROM THE PUBLIC
None
L.
0
Planning Commission Minutes
June 27, 2012
Page 7
STAFF REPORTS
None
REPORTS OF COMMISSION MEMBERS
Commissioner Anderson noted that a recent house purchase outside of the City limits has
caused her the need for her resignation. She wished everyone well, and staff added a hearty
thank you for her service and noted she will certainly be missed.
ADJOURNMENT
The meeting adjourned at 7:30 p.m.
Sue Roberds, Secretary Doc Reiss, Chair
PREPARED BY: S. Roberds
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M-7
ROLL CALL
Members Present:
Members Excused:
Staff Present:
Public Present:
CALL TO ORDER
MINUTES
PLANNING COMMISSION
Port Angeles, Washington 98362
July 25, 2012
6:00 p.m.
John Matthews, Tim Boyle, David Miller, Duane
Morris, Scott Headrick, One Vacancy
Doc Reiss
Sue Roberds
Mr. and Mrs. Gary Walters
Vice Chair Matthews called the meeting to order at 6:00 PM and led the Pledge of
Allegiance.
APPROVAL OF MINUTES
The June 27, 2012, minutes were continued to the next regular meeting due to lack of a
quorum of members present at that meeting.
PUBLIC HEARING
CONDITIONAL USE PERMIT CUP 12-02- WALTERS- 1019 W. 6' Street:
Proposal to develop an Accessory Residential Unit in the RS -7 Residential Single
Family zone.
Commissioner Morris announced that he lives in the general area but believed he could act
fairly on the issue. There was no objection to his remaining to participate in the meeting.
Chair Matthews read the qualifying questions for quasi judicial proceedings to the
Commissioners regarding Appearance of Fairness matters. All Commissioners responded
that they had no Appearance of Fairness issues to report. The Vice Chair then reviewed the
quasi judicial public hearing procedures for audience members. No concerns were noted.
Vice Chair Matthews opened the public hearing. Planning Manager Roberds reviewed
the Staff Report recommending approval of the conditional use permit.
Mr. Gary Walters stated that he and his wife have recently retired to Port Angeles and
would like to establish an accessory residential unit (ARU) on their property per City
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Planning Commission Minutes
July 25, 2012
Page 2
standards. He responded to a question to Commission Morris as to the site plan provided
with the application by indicating that they originally proposed a rec room for the structure,
but, with advice from staff, determined that the best use of the structure would be to develop
an ARU. The ARU will serve their needs very well. They thanked staff for the
recommendation.
There being no further testimony, Vice Chair Matthews closed the public hearing.
Commissioner Boyle moved to approve the conditional use permit citing the following
conditions, findings, and conclusions in support of the action:
Conditions:
1. Separate electrical meters are required for each dwelling unit. Addressing for each
dwelling unit shall be clearly identified as 1019 and 1019'/2 West 6th Street. Address
numbers must be at least six (6) inches in height and readily visible from the street
and of contrasting color from their background.
2. Two (2) off-street parking spaces are required for each residential dwelling unit for a
total of four (4) spaces. Parking spaces shall be constructed to Public Works and
Utilities Department standards.
3. Driveway and site access shall be constructed to Public Works and Utilities
Department standards.
• 4. All utility improvements including water, sanitary sewer, storm drainage and
electrical are to be completed to the satisfaction of the Public Works and Utilities
Department. Separate water and electric meters are required for the Accessory
Residential Unit.
•
Findings:
Based on the information provided in the Community and Economic Development
Staff Report for CUP 12-02 dated July 25, 2012, including all information in the public
record file, comments and testimony presented during the public hearing, the Planning
Commission discussion and deliberation, and the above listed conditions of approval, the
City of Port Angeles Planning Commission hereby finds that:
1. Gary Walters submitted a conditional use permit application for an accessory
residential unit on June 28, 2012. The applicant owns the subject property.
2. 17.08.010 `B" PANIC defines an Accessory Residential Unit (ARU) as " - a dwelling
unit which is incidental to a detached single family residence, is subordinate in space
(i.e., fifty percent or less space than the single family residential use), and is located
on the same zoning lot as the single family residence. An accessory residential unit is
served by water and electrical service that is separate from the primary residential
service and has a separate address" Section 17. 10.010 PANIC provides that
accessory residential units are permitted as conditional uses in the RS -7 Residential
Single Family zone.
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Planning Commission Minutes
July 25, 2012
Page 3
3. The proposed site is legally described as Lot 16 except the north 50' of the east 3,' and
the south 90' of the west 3' of Lot 17, Block 108 of the Townsite of Port Angeles.
The site is located at 1019 W. 6th Street and is developed with a single family
residential structure and detached accessory structure with attached carport. The
detached structure will be remodeled into the ARU living unit. No additional lot
coverage will result from the remodel. All improvement will be interior to the
structure. The primary residential unit contains 1088 sq.ft. of living area with the
proposed ARU being 530 sq.ft. of living area or 48% the size of the primary unit.
Existing structures are in compliance with development standards specified in the RS -
7 Residential Single Family zone.
4. The site is zoned Residential Single Family (RS -7) and is 7,120 sq. ft. in area.
5. The subject site is located on the north side of W. 6th Street east of "D" Street in the
City's North West Planning Area. Development in the neighborhood includes
predominately single family residential uses. The Comprehensive Plan Land Use
Map designates the site as Low Density Residential. Adjacent designations are also
Low Density Residential.
6. Per 14.40.0.060(D) PAMC requires that residential uses throughout the City are
required to provide a minimum of two (2) off street parking spaces for each
residential unit. Site development provides four (4) off street parking spaces for the
two (2) residential units.
7. Per 17.96.050 PAMC, the Planning Commission shall consider applications for
conditional use permits as specified in the applicable Chapter of the Zoning
Regulations. The Planning Commission may grant said permits which are consistent
and compatible with the purpose of the zone in which the use is located, consistent
with the Comprehensive Plan, and not contrary to the public use and interest. In each
application the Planning Commission may impose whatever restrictions or conditions
are considered essential to protect the public health, safety, welfare, and to prevent
depreciation of neighboring property. Conditional uses shall be evaluated to
determine if the characteristics of the intended use as related to the specific proposed
site would defeat the purpose of the City's Zoning Regulations by introducing
incompatible, detrimental, or hazardous conditions. The Planning Commission may
refuse to issue a conditional use permit if the characteristics of the intended use would
defeat the purpose of the City's zoning regulations. The City's Comprehensive Plan
was reviewed for consistency with the proposal.
8. A development that is approved through the conditional use permit process must
remain in continual compliance with specific conditions of approval or may be
revoked.
9. Site access must comply with Public Works and Utilities Standards. Access to the
subject site is via 6th Street and the 5/6 alley. Access to the primary use is via 6th
Street. Both access points are improved City rights-of-way.
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Planning Commission Minutes
July 25, 2012
• Page 4
10. Notification of the proposed action and conditional use permit application was placed
in the Peninsula Daily News on July 03, 2012. Public notice was mailed to property
owners within 300 feet of the subject property on July 3, 2012. The site was posted
on June 29, 2012. One letter of support was received from neighbors Mr. and Mrs.
during the written comment period.
11. A Determination of Non -Significance was issued for the proposed action on July 19,
2012.
12. The Planning Commission conducted a public hearing on the proposal at the July 25,
2012, regular meeting.
Conclusions:
Based on the information provided in the Department of Community and Economic
Development Staff Report for CUP 12-02 dated July 25, 2012, including all of the
information in the public record file, comments, and testimony presented during the public
hearing, the Planning Commission's discussion and deliberation, and the above listed
conditions of approval and listed findings, the City of Port Angeles Planning Commission
hereby concludes that:
1. As conditioned, the proposal is consistent with the intent of the Comprehensive
Plan, specifically with Land Use Element Residential Goal A and Policy A.2;
and Goal C and Policy C.2, Housing Element A.6 and B.6.
2. The application was processed consistent with requirements for a conditional
use permit as specified in PAMC 17.96.050, and with the requirement for an
40 accessory residential unit as defined in the RS -7 zone per PAMC
17.10.040(A).
3. As conditioned, the proposal is consistent with PAMC Chapter 14.40 (Parking
Ordinance).
4. The use is in the public interest as it allows for a variety of housing
opportunities.
The City's responsibility under the State Environmental Policy Act in review of the
proposal has been satisfied by issuance of a Determination of NonSignificance.
The motion was seconded by Commissioner Headrick and passed 5 - 0.
STAFF REPORTS
Planning Manager noted the vacancy on the Commission and stated that it is hoped that the
position will soon be filled. She urged members to spread the word to those who are not
aware of the opening to encourage applicants.
REPORTS OF COMMISSION MEMBERS
Vice Chair Matthews noted the need to conduct elections. Elections will be placed on the
• next agenda.
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Planning Commission Minutes
July 25, 2012
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ADJOURNMENT
The meeting adjourned at 6:25 p.m.
Sue Roberds, Secretary John Matthews, Vice Chair
PREPARED BY: S. Roberds
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