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HomeMy WebLinkAboutAgenda Packet 06/14/2005 UTILITY ADVISORY P-OMMITTEE PUBLIE: WORKS P. ONFERENCE ROOM PORT ANGEIES~ WA cjG362 JUNE ] 4, 20n5 3:00 P.M. AGENDA I. P-ALL To ORDER II. ROLL P-ALL III. APPROVAL Df MINUTES FOR MaY 1 or 2005 IV. LATE ITEMS V. DISOUSSlON ITEMS A. WESTERN ANNEXATION UTILITY EXTENSION PROJEOT UPDATE B. MEDIE: 1 UTILITY VI. NEXT MEETINED DATE - dUlY 127 2005 VII. ADJOURNMENT UTILITY ADVISORY COMMITTEE GU UP SHEET PRINT NAME ORGANIZATION N: \PWKS\L1GHT\CONS\CATE \SIGNUP.wpd UTILITY ADVISORY COMMITTEE Port Angeles, Washington May 10, 2005 L Call to Order: Chairman Rogers called the meeting to order at 3:00 p.m. II. Roll Call: Members Present: Chairman Rogers, Allen Bentley, Mayor Headrick, Dean Reed (3:22), Councilmember Erickson Members Absent: None StaffPresent: William Bloor, Mike Puntinney, Scott McLain, Gary Kenworthy, Larry Dunbar, Bill Beverford, Cate Rinehart Others Present: Brian Gawley (3:06) - Daily News Paul Lamoureux - Citizen III. Approval of Minutes: Chairman Rogers asked if there were any additions or corrections to the meeting minutes of April 12, 2005. Allen Bentley moved to approve the minutes. Mayor Headrick seconded the motion, which carried unanimously. IV. Late Items: Executive Session V. Discussion Items: Leak Detection Results - 2005 Bill Beverford, Water/Wastewater Collection Division Superintendent, noted that the general area covered this year was west of'T' Street west of Milwankee Drive between 4th and 16th Streets covering approximately ten miles. A total of sixteen leaks were found and repaired. There was a brief discussion. No action taken. Information only. UTILITY ADVISORY COMMITTEE May 10, 2005 B. WUGA Utility Material Purchase Updaate Gary Kenworthy, Deputy Director of Engineering/City Engineer, stated the specifications had changed and the opening date had been changed from May l0th to May 13th No action taken. Information only. C. WUGA Annexation Update Bill Blore, City Attorney, reported that the four individuals who originally asked the Boundary Review Board to examine their individual cases had failed to meet the scheduled deadline to submit briefs. Three had officially withdrawn but the Clallam County PUD had yet to submit a letter. The Board is currently evaluating which issues they need to address. There was a brief discussion No action taken. Information only. D. Conservation Agreement Amendments Larry Dunbar, Power Resources Manager, pointed out that due to increased customer interest and participation negotiated amendments to the agreement had been made for additional program funding and a time extension for individual projects completion. There was a brief discussion. Mayor Headrick moved to recommend City Council authorize the Director of Public Works and Utilities sign the proposed amendments to the Purchase of Conservation Agreement. Couneilmember Erickson seconded the motion, which carried unanimously. VI. Adjourn to Executive Session - 3:24 p.m. Return to regular session - 3:55 p.m. VII. Next meeting date: June 14, 2005 VIIL Adjournment: The meeting was adjourned at 3:55 p.m. Chairman Rogers Cate Rinehart, Administrative Assistant 5/11/05 N:goWKSkLIGHT~CONS\CATE\mayl 0meet.wpd pORTANGELES W A S H I N g T 0 N, U, S, A, UTILITY ADVISORY COMMITTEE MEMO DATE: June 14, 2005 To: UTlLITY ADVISORY COMMITTEE FROM: Dan McKeen, Fire Chief SUBJECT: Medic ! Utility Restructuring & Related Rate Modifications Summary: In May of 2004, the Washington State Supreme Court issued a ruling in Arborwood v. Kermewick that held the city of Kermewick's flat monthly ambulance fee was invalid. This ruling is a concern to Port Angeles as the City derives a significant portion of its Medic I funding through a similar monthly flat fee. On May 16, 2005, the Governor signed ESHB 1635 that provides cities authority to fund ambulance and emergency medical services through a utility structure. The bill further provides :lear legislative guidance in setting rates based on both the availability and the use of the service. In response, the Fire Department completed a rate study that follows the guidance provided in both the recent Supreme Court Ruling and ESHB 1635. Recommendation: Forward a favorable recommendation to City Council to adopt ordinance changes pertaining to a Medic I utility and to authorize rates to be established in accordance with the Medic I Utility Rate Study. Background/Analysis: For years, several cities in the State of Washington have funded ambulance and emergency medical services through a monthly service fee. In many cases, the fee is imposed through utility accounts and is a flat monthly fee. On May 6, 2004, the Supreme Court in Arborwood v. Kennewick ruled one such funding mechanism to be invalid. The Court held that the Kennewick fee was not valid because Kennewick's monthly fee did not demonstrate any logical connection between the fee charge and the service delivered. The Court held that, although the State Legislature had specifically authorized cities to provide ambulance services, it had not authorized the flat fee charged by Kennewick. Even though the City of Port Angeles doesn't operate under the same circumstances as Kennewick, the ruling is a concern to Port Angeles as the City's Medic I program also imposes a flat fee. Utility Advisory Committee Page 2 June 14, 2005 On May 16, 2005, the Governor signed ESHB 1635. It provides cities statutory authority to collect service charges to fund ambulance and emergency medical services through a utility. The bill further provides clear legislative guidance in setting rates that are based upon both the availability and the use of the service. In order to structure a funding mechanism that satisfies the criteria of the Supreme Court ruling and the requirements of ESHB 1635, staffconducted a utility rate study. Staff outlined recommended changes to the City's Medic I monthly fee. The changes are intended to address the required connection between the fees charged and the service provided, which is a legal requirement of a utility rate. Under this structure, the fees will be allocated proportionally to ten user classifications that were identified during the rate study. The proportional distribution of the fees will be based upon: · Availability - the costs attributable to the basic infrastructure needed to respond to a single call for service within the utility's response area. · Demand - the costs attributable to the additional burden placed on the utility beyond that required to provide for the availability of the service. The new rate structure will result in a fee reduction for some and a fee increase for others. One of the user classifications that may see an increase will be care facilities. To ensure the new rate structure does not place a hardship on any single care facility, a reduction in annual fees will be provided to those facilities that provide care to Medicaid patients. This consideration is based upon the fact that Medicaid reimbursements do not cover the full cost of providing care. Staff will provide a detailed presentation of these recommended changes during the Utility Advisory Committee meeting on June 14. "DRAFT" Medic 1 Utility -- June 14, 2005 UAC Presentation Proposed Rate Revisions to Port Angeles Medic-1 Presented by: Dan McKeen, Fire Chief Background Prior to 1984, paramedic services were not available in Port Angeles In 1984, after a City-wide vote, Port Angeles instituted a paramedic program ~' Created a Medic-1 utility ¢ Funded by $1.30 monthly fee Other Cities, including Kennewick, also adopted similar programs and related fees "DRAFT" Medic 1 Utility -- June 14, 2005 UAC Presentation Background in May 2004, the State Supreme Court invalidated the City of Kennewick's monthly fee. v It was a flat charge regardless of the frequency of use oBackgr°und There are differences between the Kennewick and Port Angeles paramedic pro§rams. v Port Angeles Medic-1 was set-up as a utility ¢ The Port Angeles Medic-1 utility was formed after a vote by the citizens Even so, the current Port Angeles program also imposes a flat fee. 2 "DRAFT" Medic 1 Utility -- June 14, 2005 UAC Presentation Background 0 Staff was directed to study alternatives It was the City's goal that any alternative be: v Fair v Adequate v Sustainable Alternatives EMS Levy ¢ Cities can impose an additional property tax specifically for EMS at up to $0.50 per $1,000 of assessed property value General Fund v The City's General Fund is primarily supported by property tax, sales tax and utility tax Utility ¢' The City can collect utility service charges to fund EMS "DRAFT" Medic 1 Utility -- June 14, 2005 UAC Presentation EMS Levy Not a viable alternative in Port Angeles -' Not a fair charge for commercial classifications based on benefit · / Based on property value - not utilization -/Highest property values ¢ Low utilization patterns · / Adds to our area's difficulty in attracting and retaining business Example - EMS Levy Nippon Paper Industries Rate $20,228 (Based upon $0.40 per $'1000 assessed valuation) Number of EMS 1 Calls During 2004 Cost per Call $20,228 "DRAFT" Medic 1 Utility -- June 14, 2005 UAC Presentation Example - EMS Levy Westport Shipyard Rate $4,076 (Based upon $0.40 per $4000 assessed valuation) Number of EMS 2 Calls Durin§ 2004 Cost per Call $2,038 Example - EMS Levy Ruddell Auto Dealership Rate $914 (Based upon $0.40 per $'1000 assessed valuation) Number of EMS 0 Calls During 2004 Cost per Call N/A 5 "DRAFT" Medic 1 Utility -- June 14, 2005 UAC Presentation Alternatives 0 General Fund ¢ The City's Fire, Police, Parks and Street Departments all fight for the limited General Fund dollars available v Affected by recent tax-limiting initiatives ¢ A $400,000 loss to the General Fund would likely result in reductions in City programs oRec°mmendati°n Modify the City's current Medic 1 program as a utility to meet the intent of the Supreme Court ruling ¢ The court requires that if a program is established as a utility, its rates must be structured like a utility ¢ How do we do that? d "DRAFT" Medic 1 Utility -- June 14, 2005 UAC Presentation How Are Public Utility Rates o Set? Basic guiding principals: ¢ First, determine the revenue required ¢ Second, allocate costs to · ~ the basic infrastructure (availability), and ¢' utilization (demand) ,/Finally, the rate can be set ¢' User classifications based on utilization patterns Rate Setting Consideration In addition, the rate charged may include some consideration based upon ability to pay The City's electric and water utilities currently provide two rate reduction programs ¢ Low income/disabled discount · / Senior Iow income discount "DRAFT" Medic 1 Utility -- June 14, 2005 UAC Presentation Revenue Required Total Medic-1 expenses for 2005 is $997,607 ¢' Includes $20,000 in utility billing and II penses payro ex How do we cover expenses? .' The City's Medic 1 monthly fee would generate $426,000 ¢ Existing $406,000 plus revenue to cover utility billing and payroll expenses ¢ The remainder of Medic l's expenses are covered by ambulance transport charges and by a General Fund contribution - Availability Cost Allocation Availability- the minimum infrastructure that must be in place to provide the service, regardless of demand. For a paramedic service, this includes: ¢' A training program & quality assurance program ¢Adequate personnel & equipment .'Ability to respond within a specified time ¢ Major trauma - 10 minutes or less, 80% of the time (State requirement) · ~ Major medical - 4 minutes or less, 90% of the time (National standard) "DRAFT" Medic 1 Utility -- June 14, 2005 UAC Presentation Cost Allocation - Availability Using the 2005 budget, this amount is $402,@03. ¢ Represents the minimum infrastructure to provide a single layer of paramedic coverage with a response goal of 4 minutes ¢ In Port Angeles, v Average response time for 2004 was 5.4 minutes v A single layer requires 4 paramedics, two ambulances and a percentage of dispatch, facilities, and administration v Availability represents 40,4% of the total cost of providing paramedic services Cost Allocation - Demand Demand - the additional resources needed to maintain the goals of the service when utilization increases. For a paramedic service, additional resources are needed when: ¢ Response times become unacceptable v Unable to cover the volume of calls v increasing simultaneous calls v May require increases in personnel & equipment v PAFD reached this point in 1990 "DRAFT" Medic 1 Utility -- June 14, 2005 UAC Presentation Demand - Response History 3000 2500 2000 1500 1000 500 Cost Allocation Demand 0 Using the 2005 budgot, this amount is $594,704. -'Additional resources include 6 paramedics, one ambulance and a percentage of dispatch, facilities and administration ¢ Is 59.6% of the total cost of providing paramedic services 10 "DRAFT" Medic 1 Utility -- June 14, 2005 UAC Presentation Allocation - Demand Cost Using the demand cost of $594 704: ¢ The amount is reduced to $223,704 by subtracting projected transport revenues of $371,000 · / The $223,704 is funded mostly by the Medic 1 monthly utility fee ,/Apportioned to the various user classifications based upon percentage of calls generated ¢' City is responsible for the calls generated to its public facilities User Classifications °°,/Analyzed Medic-1 responses ° ¢ Identified 10 classifications: o ,/Single-family residences o ¢ Multi-family residences o ¢ Adult family homes ° ~' Assisted living facilities ° ¢ 24-hour nursing facilities o ,/Group homes o ,/Jail facilities ° ,/Schools .~,,~,~: ° ,/Commercial/Business  ,~ ° ,/City public areas 11 "DRAFT" Medic 1 Utility -- June 14, 2005 UAC Presentation Demand Costs per User Classification Classifications Calls per Percent Revenue Class of Calls Required Single-Family 990 39.0% $87,245 Multi-Family 455 17.9% $40,043 Adult Family Home 31 1.2% $2,684.50 Assisted Living 217 8.5% $19,015 24-Hour Nursing 159 6.3% $14,093 Group Homes 42 1.7% $3,803 Jail Facilities 31 1.2% $2,684.50 Schools 22 0.9% $2,013 Commercial/Business 276 10.9% $24,384 City Public Areas 315 12.4% $27,739 TOTAL 2,538 100% $223,704 Cost Allocation. Demand Of the remaining $223,704 demand cost that is to be apportioned to the various user classifications: · / $27,739 is to be paid by the City out of its General Fund v $195,965 is funded by the Medic 1 monthly utility fee 12 "DRAFT" Medic 1 Utility -- June 14, 2005 UAC Presentation Cost Allocation Availability Using the availability cost of $402,903: ¢ The Medic 1 monthly fee, less the $195,965 that was allocated to demand °This amount, $230,035 is spread equally across the user classifications by number of units ¢ The City's General Fund and misc. revenue makes up the difference, or $172,868 °Approximately $10,000 is misc. Medic 1 revenue Availability Costs per User o o Classification Classifications # of units Revenue Required by Class Single-Family 6,967 $142,445.45 Multi-Family 2,903 $59,353.98 Adult Family Home 2 $40.89 Assisted Living 4 $81.78 24-Hour Nursing 2 $40.89 Group Homes 3 $61.34 Jail Facilities 1 $20.45 Schools 8 $163.57 Commercial/Business 1340 $27,397.29 City Public Areas 21 $429.36 TOTAL 11,250 $230,035 13 "DRAFT" Medic 1 Utility -- June 14, 2005 UAC Presentation Recommended "Base" Rates (Be£ore Rate Reduction) Classifications # of Combined Annual Monthly units Revenue Rate per Rate per by Class Unit Unit Single-Family 6,967 $229,690 $32.97 $2.75 Multi-Family 2,903 $99,397 $34.24 $2.85 Adult Family Home 2 $2,725 By Unit By Unit Assisted Living 4 $19,097 By Unit By Unit 24-Hour Nursing 2 $14,134 By Unit By Unit Group Homes 2 $3,864 By Unit By Unit Jail Facilities 1 $2,705 $2,705.00 $225.42 Schools 8 $2,177 By Unit By Unit Commercial/Business 1340 $51,781 $38.64 $3.22 City Public Areas 21 $28,168 Combined $2,347.33 Rate Reduction Program Staff recommends expanding Medic-l's existing Charity Care program to licensed care facilities who provide care to Medicaid patients ,/ Medicaid reimbursements do not cover the full cost of providing care ~' Would be based on the annual average of the percentage of Medicaid patients housed at the facility ~ Consistent with existing City rate reduction programs 14 "DRAFT" Medic 1 Utility -- June 14, 2005 UAC Presentation Utility Sponsored Education To decrease the number of unnecessary Medic 1 responses, the utility will provide: ¢ Annual L & I approved first aid/CPR classes at each licensed care facility v Provided without charge °Allows interaction with a Medic 1 paramedic °After collaborative scheduling, a list for the coming year will be shared with each facility Example - Annual Rate The following (and previous) rate examples are given to illustrate how the utility rate setting principles affect our Medic I fees There will likely be minor adjustments to the final proposed rates ¢ Charity care provision ¢ Additional input from finance and from stakeholders 15 "DRAFT" Medic 1 Utility -- June 14, 2005 UAC Presentation Example - Annual Rate Port Angeles Care Center (24-Hour Nursing Facility) Base Rate (50%) $7,067 Less Charity Care $3,534 Deduction (50%) Proposed Annual $3,533 Rate Example - Annual Rate Park View Villas (Assisted Living Facifity) Base Rate (23%) $4,373 Less Charity Care TBD Deduction Proposed Annual $4,373 Rate (Before Deduction) 16 "DRAFT" Medic 1 Utility -- June 14, 2005 UAC Presentation pi Exam e - Annual Rate 0 Second Street House (Group Home) Base Rate $1,103 /ess Charity Care $1,048 Deduction (95%) Propo$od Annual $55 Rate Step pti s to Ado on The following outlines the steps to adoption: ¢ Forwarded "draft" Medic 1 Utility Rate Study to consultant ¢ Met with major stakeholders on May 19 to explain proposed changes and to solicit comments ¢ Met with the Washington Health Care Association and with the Washington Association of Housing & Services for the Aging on June 7 ¢ Submit to Medic-1 Advisory Board & Utility Advisory Committee for comments and recommendations (today) ¢ One additional meeting with local stakeholders in June - date TBA ~' Present to City Council 17 "DRAFT" Medic 1 Utility -- June 14, 2005 UAC Presentation Possible Modifications Possibly reduce Medic l's total expenditures by the City's General Fund contribution, prior to determining demand and availability cost allocation ~' Recommended by one of the stakeholder associations ¢ Will follow up with consultant Expansion of charity care? ¢ Needs to meet legislative and constitutional limitations Other? On-Going Issues Routinely ensure transport charges are consistent with the areas prevailing rates · / Transport charges can impact demand rates Conduct "calls per classification" study at a frequency that provides a timely reflection of usage patterns by classification and/or facility ¢ Ensures each classification pays its fair share ¢ Provides an incentive for those "high usage" facilities that reduce unnecessary calls 18 "DRAFT" Medic 1 Utility -- June 14, 2005 UAC Presentation Questions ? Contact Information: Dan McKeen, Fire Chief dmckeen~,cityofpa, us 360-417-4651 19 pORTANGELES W A S H I N G T O N, U, S, A, UTILITY ADVISORY COMMITTEE MEMO DATE: June 14, 2005 TO: UTILITY ADVISORY COMMITTEE FROM: Stephen Sperr, Engineering Manager SUBJECT: WDFW Wells Agreement on City Property along Elwha River Summary: The Washington State Department ofFish and Wildlife (WDFW) operates five wells on City-owned property along the Elwha River. The agreement to operate these wells has been revisited at the request of the Department of Ecology before they will issue a new temporary use permit for the wells. Recommendation: Forward a favorable recommendation to City Council to authorize the Mayor to sign an Agreement with the XVI)IDZq to allow the continued use of wells on City property. Background/Analysis: The WDFW operates its Elwha Hatchery on City-owned property adjacent to the Elwha River. In the early 1990s, the WDFW experienced some disease problems at the hatchery during periods of warmer water in the fall. To help alleviate some of these problems and also to allow incubation of salmon eggs on-site, the WDFW received permission fi.om the City in 1994 to drill and operate a number of wells on City property so as to provide cooler, pathogen-t~ee water. The City and the WDFW entered into an agreement in 1994 that spelled out the terms under which the WDFW could operate the wells. The agreement did not have an expiration date but the Department of Ecology, which had given the WDFW a temporary permit to operate the wells in 1996, has now required the WDFW to enter into a new agreement with the City before they will renew the temporary permit. N:\UACXFinaI\WDFW Wells Agreement.doc The City and WDFW have developed a new agreement that addresses all of the concerns of the City. It includes terms such as the following: 1. The groundwater withdrawal should not negatively affect the quality or specific yield of the City's Ranney Collector well. 2. Water withdrawal will be done in strict compliance with the City's approval. 3. The City retains the fight to stop water withdrawal if it believes the City's water supply is being or may be negatively impacted. 4. The maximum withdrawal rate for all of the wells shall not exceed 2000 gallons per minute. The agreement expires in five years, at which time it is anticipated that the need for the continued operation of these wells will be considered in light of the Elwha Dam Removal facilities that will be in operation at the same location. Staffrecommends that the utility Advisory Committee forward a favorable recommendation to City Council to authorize the Mayor to sign an agreement with the WDFW to allow the continued use of wells on City property. Attachment: Draft Agreement N:\UAC~Final\WDFW Wells Agreement.doc AGKE~ BETWEEN THE WASHINGTON DEPARTMENT OF FISH AND WILDLIFE AND THE CITY OF PORT ANGELES REGARDING OPERATION OF GROUNDWATER WELLS ON CITY PROPERTY ALONG THE ELWHA RIVER THIS AGREEMENT is made and entered into this day of June , 2005 by and between thc following parties, Wa.qhlngton Department ofFish and Wildlife, located at 1111 Washington S.E., Olympia, Washington, 98504-3147, herein referred to as called "WDFW" and the City of Port Angeles, 321 East Fifth Street, Port Angeles, Washington, 98362, herein referred to as "City". In consideration nfthe terms, conditions, covenants and performance set forth herein, the parties agree as follows: 1. PURPOSE WDFW operates its Elwha Hatchery on City--owned property adjacent to the Elwha River. WDFW has experienced some disease problems at the hatchery during periods of wanner water in the fall. To help alleviate some of these problems and also to allow incubation of salmon eggs on-site, WDFW desires to continue to operate a number of wells on City property which have a total capacity of no more than 2000 gallons per minute (gpm) of cooler, pathogen-free water. The groundwater withdrawal should not negatively affect the quality or specific yield of the City's Ranney Collector well. Water withdrawal will be done in strict compliance with the City's approval. The City retains the fight to stop water withdrawal if it believes the City's water supply is being or may be negatively impacted. All data, analysis, opinions and information of any kind developed by WDFW during water withdrawal shall be provided to the City. The parties previously entered into an agreement relating to the subject of this agreement. That previous agreement has expired. This agreement replaces that prior agreement and adds new terms and conditions to address changed and new circumstances. 2. LIIVIITED LICENSE TO MAINTAIN AND OPERATE WELLS The City grants to WDFW a limited, non exclusive license to maintain and operate wells on City property in accordance with the t~m~s and conditions stated in this Page 1 of 4 WDFW Wells P~reement 2005 Agreement. WDFW agrees it will operate the wells only when necessary to accomplish the purposes described in section 1 above. In any event, WDFW agrees it will not withdraw from the wells more than 2000 gallons per minute or more than 2,880,000 gallons in any 24 hour period. Upon the expiration or termination of this agreement the wells, well casings, and related property all shall become the property of the City. WDFW shall, pursuant to WAC 173-160, either (1) temporarily cap the wells or (2) decommission and abandon the wells, as directed by the City. 3. PERMISSION TO WITHDRAW WATER The City agrees to support WDFW's request for permission from the Washington State Department of Ecology to withdraw up to 2000 gpm of groundwater supply subject to the specific advance approvals of, and ongoing monitoring by the City. Any and all permits received by WDFW to operate the wells on City property are to be for a specific time period not to exceed five years from the date of issuance. Copies of all correspondence between WDFW and Ecology shall be sent to the City Public Works and Utilities Department. 4. TERM OF AGREEMENT This agreement shall t~J minate June 30, 2010. 5. SUSPENSION OF WITHDRAWALS WDFW shall suspend operation of the wells and stop withdrawing water whenever the City gives notice to WDFW that it believes the City's water supply is being or may be negatively impacted. 6. LOCATION OF WELLS WI)FW water withdrawal will occur only at the locations identified on Exhibit A. 7. HOLD HARMLESS WDFW shall defend, indemnify, and hold the City, its officers, members, employees and volunteers harmless from any and all claims, injuries, damages, losses or suits including attorney fees, arising out of or in connection with activities or operations performed by WDFW or on the WDFW's behalf or arising out of or in connection with this agreement, except for injuries or damages caused by the sole negligence of the City. Page 2 of 4 WDFW Wells Agreement 2005 8. NOTICES Any notices required or authorized by this agreement shall be deemed properly given if mailed postage prepaid as follows: City: Mayor City of Por~ Angeles P.O. Box 11 ~0 Port Angeles, WA 98362 WDFW: Director Department ofFish and Wildlife 600 Capitol Way North MS: 43135 Olympia, WA 98501-1091 9. CONDITION OF PREMISES WDFW knows the condition of the premises and accepts the premises as they are. The City makes no warranty or representation regarding the condition of the premises, and the City has no duty to make the premises safe for the WDFW or its employees. 10. AMENDMENTS TO BE IN WRITING This document together with any exhibits hereto attached, constitutes the entire Agreement between the parties. The Agreement may be modified or amended only in writing and executed by both parties. 11. CAPTIONS The captions and paragraph headings hereof are inserted for convenience purposes only and shall not be deerned to limit or expand the meaning of any paragraph. 12. DISPUTES Any lawsuit resulting fi.om breach of this agreement shah be brought in Clallam County. The parties acknowledge that they have read and understand 'this Agreement, including any exhibits, and do agree thereto in every particular. The parties further agree that this Agreement and the exhibits constitute the entire agreement between the parties and supersedes all communications (written or oral) heretofore related to the subject matter of this Agreement. Page 3 of 4 WDFW Wells Agreement 2005 City ofPortAngeles: Washington Depa,hnent of Fish and Wildlife: By:. By: Title Title Date Date Approved as to Form: Approved as to Form: By:.. By:. Title Title Date Date Page 4 of 4 WDFW We~l$ Agreement 2005 aO. O00 2,228,000 937.000 30,000 3,225,~X~ 1% ~ 29% 1% 100%