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Agenda Packet 06/03/2014
P I .QR�" NGLS CITY COUNCIL MEETING 321 East 5th Street W W A 8 itI iI N G t° 0 N, U. 5 A. June 3, 2014 REGULAR MEETING — 6:00 p.m. 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. Mayor to determine time of break. The items of business for regular Council meetings may include the following: A. CALL TO ORDER -REGULAR AT 6:00 P.M. B. ROLL CALL PLEDGE OF ALLEGIANCE CEREMONIAL MATTERS, PROCLAMATIONS & EMPLOYEE RECOGNITIONS 1. Carol Hagar-Recognize for Years of Service&Present Proclamation 2. Bob Coons-Recognize for Years of Service&Present Proclamation C. PUBLIC COMMENT - D. LATE ITEMS TO BE PLACED ON THIS OR FUTURE AGENDAS - E. CONSENT AGENDA/Approve 1. City Council Minutes: May 201h 2014...................................................................................................................................E-1 2. Expenditure Approval List: 5/10/2014 to 5/23/2014 for$1,888,486.73 ................................................................................E-7 3. Rayonier Diffuser Repair/Modification,Project WW08-2008(US06-01)Change Order 4 1Approve and authorize the City Manager to sign Change Order No. 4 to the construction contract with Richard Phillips Marine,Inc.,for CSO Phase 1, Rayonier Diffuser Repair/Modification contract, , an increase of$23,976.96 for a revised total contract amount of $504,53696..........................................................................................................................................................................E-33 F. QUASI-JUDICIAL MATTERS—REQUIRING PUBLIC HEARINGS (6:30 P.M.or soon thereafter)................................................................................................................................................None G. PUBLIC HEARINGS— OTHER (6:30 P.M. or soon thereafter) 1. Solid Waste Utility Rate Ordinance/Continue and Close Public Hearing/Conduct 2"a Reading/Adopt.......................... G-1 2. Transportation Improvement Plan/Open Public Hearing and Continue to June 17th/Conduct]"Reading of Resolution..G12 H. ORDINANCES NOT REQUIRING PUBLIC HEARINGS 1. Issuance of Solid Waste Revenue Bonds/Conduct 2"a Reading/Adopt.............................................................................. H-1 2. Issuance of Solid Waste LTGO Bonds/Conduct 2"a Reading/Adopt .............................................................................. H-64 3. Mixed Use Overlay Zone/Conduct 2"a Reading/Adopt....................................................................................................H-98 Mayor to determine time of break/Hearing devices available for those needing assistance. June 3,2014 Port Angeles City Council Meeting Page - 1 I. RESOLUTIONS NOT REQUIRING PUBLIC HEARINGS.........................................................................None J. OTHER CONSIDERATIONS 1. Teamster Collective Bargaining Agreement/Approve...........................................................................................................J-1 2. Mueller AMI Standstill Agreement/Approve.........................................................................................................................J-37 K FINANCE 1. WTIP,Waterfront Development Project Phase 2,TR02-2003/Approve.................................................................................K-1 2. WTIP, Studio Cascade Design Amendment 46 Phase II l Approve.........................................................................................K-4 L. COUNCIL REPORTS - M. INFORMATION City Manager Reports: 1. Public Works&Utilities Construction Status Report............................................................................................................M-1 2. Public Works&Utilities Grants&Loans Status Report......................................................................................................M-2 3. Public Works&Utilities Quarterly Consultant Report.........................................................................................................M-4 4. Parks,Recreation&Beautification Commission Minutes..................................................................................................M-19 N. EXECUTIVE SESSION O. ADJOURNMENT - PUBLIC HEARINGS Public hearings are set by the City Council in order to meet legal requirements. In addition, the City Council may set a public hearing in order to receive public input prior to making decisions, which impact the citizens. Certain matters may be controversial, and the City Council may choose to seek public opinion through the public hearing process. Mayor to determine time of break/Hearing devices available for those needing assistance. June 3,2014 Port Angeles City Council Meeting Page -2 �CiF PORT,�,v C PROCLAMATION In Recognition of TILE PUBLIC SERVICE OF CAROL HAGAR November 30, 1992 —June 6, 2014. WHEREAS, Carol Hagar started working for the City of Port Angeles on November 30, 1992, as a Word Processing Technician in the Finance Department. January 1, 1994, she was promoted to Administrative Assistant. WHEREAS, Carol Hagar has been a designated Deputy City Clerk since her hiring in 1992 and has served in the role of Acting City Clerk numerous times in her career; and WHEREAS, Carol has clerked 74 City Council meetings as Deputy City Clerk and attended numerous more as a City staff member; and WHEREAS, Carol served as a director for the Employees' Association between 2005 and 2008 and served a President of the Association from 2008 through 2012, hosting numerous fundraising events and organizing wonderful Holiday parties; and WHEREAS, During her twenty-two year career with the City, Carol always went out of her way to help fellow employees and citizens. She has always been available for the Clerk's Office, providing assistance, advice, knowledge, and always without complaint; and WHEREAS, Carol has always been there to help Councilmembers over the years by assisting with travel arrangements, access to records, information, and always with a helpful attitude and smile; and WHEREAS, Carol has been an invaluable asset to the City over the years, and many will be lost without her, as Carol always knows the answer. NOW, THEREFORE, 1, Dan Di Guilio, Mayor, ON BEHALF OF THE CITY COUNCIL OF PORT ANGELES, do hereby RELUCTANTLY APPROVE CAROL HAGAR'S retirement. Those of us who worked with Carol and call her friend will miss her greatly, but know she will be blissfully happy returning to her home town of Appleton, Wisconsin, and enjoying more time with her wonderful family. We wish Carol good health and happiness, and thank her for her outstanding service to the City and community. � 4 � June 3 2014 Dan.Di Guilio, Mayor r n;� OF PORT q^4 �o WC�% ���dP�'C.CtmwytCu„rs. �I PROCLAMATION In Recognition of THE PUBLIC SERVICE OF BOB COONS August 1, 1986 —June 20, 2014 WHEREAS, Robert Coons started working; for the City of Port Angeles on August 1, 1986, as the Human Resources Manager and WHEREAS, Bob has been the Chief Negotiator on over sixty union contracts providing leadership to the city and settling agreements all the while maintaining professional relationships with staff and WHEREAS, Bob has served under seven City Manager's during his time with the City providing guidance and consultation; some which made his job challenging and other's who made his job rewarding and W11EREAS, Bob served on many committees and boards throughout his career, some include the Washington Council of Public Adnrrinistrators, Washington Public Employer Labor Relations Association (WAPELRA) and the Association of Washington's Employee Benefits Advisory Committee (EBAC) where he was instrumental in the evolvement of health benefits for cities and WHEREAS, During Bob's tenure at the city he built good relationships with all staff from the line staff to public safety to working with the executive management team and WHEREAS, Bob's involvement in the initiation of the City's Wellness Program was key, not only did he take his personal wellness seriously, le also cared for the entire wellbeing and health of the city and its employees and WHEREAS, Bob has dedicated his career to helping people in the realm of personnel issues, risk management, safety, wellness, fishing, snowshoeing and has been a great mentor to his staff. WHEREAS, Bob has finally moved into the twenty-first century and bought a smart phone. NOW, THEREFORE, I, DAN DIGUILIO, MAYOR, ON BEHALF OF THE CITY COUNCIL OF PORT ANGELES, do hereby RELUCTANTLY APPROVE BOB Coons' retirement. Those of us who worked with Bob and call him a. friend will.miss him greatly. We know Bob will move on to doing bigger and better things as he spends his time relaxing, traveling and fishing as much as his wife Becky will allow. We wish Bob the best and may all your fishing stories be true! June 3 2014 Dan Di Gu mayor ilt , PUBLIC INTEREST SIGN-UP SHEET PQRTA19GELEI CITY COUNCIL SPECIAL MEETING W A S H I N G T 0 N, U. S. A. DATE OF MEETING: June 3, 2014 LOCATION: City Council Chambers You are encouraged to sign below if: 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. ZX CIA t�LbN 7, N Uj;/—Ozl U/j,"', P1 N IV �V&d �Zc- cY N < N (.E. G:\Group\C1erkTonns\Counci1 Attendance Roster.doc PUBLIC INTEREST SIGN-UP SHE',P,,r,',r N Y/N �A N Y /N N (ilre N Y /N Y�N N Y/N Y/N Y/N Y/N Y/N Y /N Y/N Y/N Y /N Y/ N Y/N Y /N Y /N Y/N Y /N Y /N Y/N Y/N G:\Group\Clerk\Forms\Council Attendance Roster.doc HOW DO EMF'S AFFECT ME? Ask Dr. Miham North Olympic Library System - Carver Room 2210 South Peabody Street Port Angeles, WA 98362 FRIDAY June 6, 2014 a@ 1 :00 PM - 2:30 PM Dr. Sam M i l h am author `Dirty Electricity speaks in Fort Angeles. l � / �o It's important to remember that you are an electrical being; the human body is composed of conductive and semi-conductive materials, and cells in your body can react to EMFs as a harmful invader, just like they do to other environ- mental toxins. Your body is a complex communication device where cells, tissues, and organs "talk" to each other to perform basic functions. At each of these levels, the communication in- cludes finely tuned bio-electrical transmitters and receivers, which are tuned like tuning into a radio station. Dr. Sam Milham will be showing a power point presentation along with having many differ kinds of High and Low frequency meters that are used to take, Calibrated, Directional, Accurate, and Sensitivity measurements. These meters will be on display. Knowledge is the best source of understanding :the `Historical evidence that electrification caused the 20th century epidemic of "diseases of civilization". Brought to you by: Hard Wired Safety & WWW.Smartawarness.org HARD WIRED FOR SAF ET%Y P.O. BOX 1644, PORT ANGELES, WA 98362 Port Angeles City Council June 3, 2014 Port Angeles City Hall From: Eloise Kailin, M.D. Please do not install electromagnetic radiation producing meters on homes. Electromagnetic pollution is already affecting citizens of Port Angeles. Analog meters, refurbished, are available to replace any failed meters, at only $15.00 each. The smart meter experiment should be laid to rest. Our community is supplied with radiation from multiple sources —from broadcasting towers and ship radars to in home appliances like microwave ovens, cordless and cell phones, and wireless computer gear. I have found some members of the community already overloaded; others are cumulating damages but are not yet at the point of obvious breakdown. New diagnostic tools for electromagnetic hypersensitivity (EHS)are being developed.(1).(2). Present incidence, of EHS including those mildly affected, based on European experience is estimated at 9-11% , up from about 0.06% in 1985. (3). When Wi Fi was installed no one, City Staff or your watchful public had any idea that it could harm people in any way. As we now know, it can and it did. Our mutual friends, the Sears family was severely hurt, literally driven out of town. Moving away helped Helen only temporarily. She has not regained the health she enjoyed before this episode. This is a costly illness: avoidance means great changes in life style: giving up or shielding computer and many other wireless conveniences, , shielding of windows, shielding of electric wiring of the home, not to mention the discomfort of dealing with ringing in the ears, sleeplessness, mental fog. As you decide how to handle the smart meter disaster please take into account the existence and costs to community and individuals of the newly recognized medical entity, hypersensitivity to electromagnetic radiation.. Does the city take any responsibility for disabilities caused or aggravated by the additional radiation? Will warnings be posted for users of medical devices like insulin pumps, defibrillators or brain implantations for Parkinson's disease? Does your insurer cover radiation damages or is the burden to fall on the individual? Attachments: 1. Replication of heart rate variability provocation study with 2.4 —Ghz cordless phone confirms original findings. Navas, M. Marrongelle J. ; Electromagn Biol Med. 2013 Jun; 32 (2): 253-66. Abstract published in Pub Med PMID 23675629 2. Provocation study using heart rate variability shows microwave radiation from 2.4 GHz cordless phone affects autonomic nervous system. An ICEMS Monograph. Magda Havis et al, European Journal of Oncology, Library Vol. 5 pp 273-300. Comment: Abstract and conclusions pages supplied. Full copy available on request These are a pair of studies demonstrating real biological responses of the body to EMF radiation like that from smart meters. Test subjects were unaware whether exposures were real or sham as phone base was plugged into an extension cord which was or was not tied to a live line out of sight. The researchers analyzed the data with double blinded protection against bias. 3. Low intensity radiofrequency radiation: a new oxidant for living cells. Igor Yakymenko et al. Oxid/Antioxid Med. Sci 2014'; 3 (1): 1-3 (article supplied to Utility Advisory Committee Mayl 2, 2014) Replication of heart rate variability p... [Electrornagn Biol Med.... http://www.ncbi.nlm.nih.gov/pubmed/23675629 u Wed Display Settings: Abstract Electrornaan Biol Med. 2013 Jun;32(2):253-66. doi: 10.3109/15368378.2013.776437. Replication of heart rate variability provocation study with .4- Hz cordless phone confirms original findings. Havas Mi, MEL[2D22ILe J. Author information Abstract This is a replication of a study that we previously conducted in Colorado with 25 subjects designed to test the effect of electromagnetic radiation generated by the base station of a cordless phone on heart rate variability (HRV). In this study, we analyzed the response of 69 subjects between the ages of 26 and 80 in both Canada and the USA. Subjects were exposed to radiation for 3-min intervals generated by a 2.4-GHz cordless phone base station (3-8pw/CM2), A few participants had a severe reaction to the radiation with an increase in heart rate and altered HRV indicative of an alarm response to stress. Based on the HRV analyses of the 69 subjects, 7% were classified as being "moderately to very" sensitive, 29% were "little to moderately" sensitive, 30% were "not to little" sensitive and 6% were "unknown". These results are not psychosomatic and are not due to electromagnetic interference. Twenty-five percent of the subjects' self-proclaimed sensitivity corresponded to that based on the HRV analysis, while 32% overestimated their sensitivity and 42% did not know whether or not they were electrically sensitive. Of the 39 participants who claimed to experience some electrical hypersensitivity, 36% claimed they also reacted to a cordless phone and experienced heart symptoms and, of these, 64% were classified as having some degree of e lectro hype rse n sitivity (EHS) based on their HRV response. Novel findings include documentation of a delayed response to radiation. Orthostatic HRV testing combined with provocation testing may provide a diagnostic tool for some sufferers of EHS when they are exposed to electromagnetic emitting devices. The protocol used underestimates reaction to electromagnetic radiation for those who have a delayed autonomic nervous system reaction and it may under diagnose those who have adrenal exhaustion as their ability to mount a response to a stressor is diminished. PMID: 23675629 [PubMed - in process] Publication Types LinkOut - more resources -5/29/14 1 of 2 NON-THERMAL EFFECTS AND MECHANISMS OF INTERACTION BETWEEN ELECTROMAGNETIC FIELDS AND LIVING MATTER An IC EMS onogra c� RAMAllINI INSTITUTE Edited by Livio Giuliani and Morando Soffritti European Journal of Oncology Eur. J. Oncol. - Library Vol. 5` National Institute for the Study and Control of Cancer and Environmental Diseases"Bernardino Rainazzini" Bologna, Italy 2010 Provocation study using heart rate variability shows microwave radiation from 2.4 GH_,z cordless phone affects autonomic nervous system Magda Havas*,Jeffrey Marrongelle""',Bernard Pollner***, Elizabeth Kelley"**,Camilla R.G.Rees*****,Lisa Tully*'"**** Environmental and Resource Studies,Trent University,Peterborough,Canada 1629 Long Run Road,PO Box 606,Schuylkill Haven,PA,USA Haspingerstrasse 7/2,6020 Innsbruck,,Austria International Commission for Electromagnetic Safety,Venice,Italy 350 Bay Street,4100-214,Sari Francisco,California,94133,USA 27 An-ow Leaf Court,Boulder,Colorado 80304,USA Abstract Aint: The effect of pulsed (100 1-1.z) microwave (MW) radiation on heart rate variability (HRV) was tested in a double blind study. Materials and Methods: Twenty-five subjects in Colorado between the ages of 37 to 79 completed an electrohypersensitivity (EUS) questionnaire. After recording their orthostatic HRV, we did continuous real-time monitoring of HRV in a provocation study, where supine subjects were exposed for 3-minute intervals to radiation gener- ated by a cordless phone at 2.4 GHz or to sham exposure. Results: Question- naire: Based on self-assessments, participants classified themselves as extremely electrically sensitive (24%), moderately (16%), slightly (16%), not sensitive (8%) or with no opinion (36%) about their sensitivity. The top 10 symptoms experienced by those claiming to be sensitive include memory prob- lems, difficulty concentrating, eye problems, sleep disorder, feeling unwell, headache, dizziness, tinnitus, chronic fatigue, and heart palpitations. The five most common objects allegedly causing sensitivity were fluorescent lights, antennas, cell phones, Wi-Fi, and cordless phones. Provocation Experiment: Forty percent of the subjects experienced some changes in their HRV attribut- able to digitally pulsed (100 Hz) MW radiation. For some the response was extreme (tachycardia), for others moderate to mild (changes in sympathetic nervous system and/or parasympathetic nervous system). and for some there was no observable reaction either because of high adaptive capacity or because of systemic neurovegetative exhaustion. Conclusions: Orthostatic HRV combined with provocation testing may provide a diagnostic test for some EHS sufferers when they are exposed to electromagnetic emitting devices.This is the first study that documents immediate and dramatic changes in both Hearth Rate (HR) and HR variability (HRV) associated with MW exposure at levels Address: Magda Havas BSc, PhD, Environmental and Resource Studies, Trent University, Peterborough,ON,K9J 7138,Canada-Tel.705 748-1011 x7882-Fax 705-748-1569 E-mail:mhavas@ti,entu.ca 273 Eur.J.Oncol.Library,vol.5 well below (0.5%) federal guidelines in Canada and the United States (1000 microW/cm2). Key Words: heart rate variability, microwave radiation, DECT phone, auto- nomic nervous system, provocation study, sympathetic, parasympathetic, cord- less phone,2.4 GHz, electrohypersensitivity Introduction A growing population claims to be sensitive to devices emitting electromagnetic energy. Hallberg and Oberfeld' report a prevalence of electrohypersensitivity (EHS) that has increased from less than 2%prior to 1997 to approximately 10% by 2004 and is expected to affect 50% of the population by 2017. Whether this is due to a real increase in EHS or to greater media attention, is not known. However,to label EHS as a psychological disorder or to attribute the symptoms to aging and/or stress does not resolve the issue that a growing population, especially those under the age of 60, are suffering from some combination of fatigue, sleep disturbance, chronic pain,skin, eye, hearing, cardiovascular and balance problems, mood disorders as well as cognitive dysfunction and that these symptoms appear to worsen when people are exposed to electromagnetic emitting devices'-'. The World Health Organization (WHO) organized an international seminar and working group meeting in Prague on EMF Hypersensitivity in 2004,and at that meeting they defined EHS as follows': ". . . a phenonienOu where individuals experience adverse health effects while using or being in the vicinity of devices emanating electric, magnetic, or electromagnetic fields (EMFs) . . . 147hatever its cause, EHS is a real and sometimes a debilitating probleInfor the affected Their exposures are generally several orders of magnitude under the limits in internationally,accepted standards. The WHO goes on to state that: "El-IS is characterized by a variety (7f non-specific symptoms, which afflicted indi- viduals attribute to exposure to EMF The symponis Most COMMOnly exj?erieneed include dertn(itologiec.ils),nil)totiis (redness, tingling, and burning sensations) as well as neurasthenic, and vegetative s.yniptouis (fatigue, tiredness, concentration difficul- ties, dizziness, nausea, heart palpitation and digestive disturbances). The collection qf'symptoms is not part of any recognized syndrome." 0 Both provocation studies (where individuals are exposed to some form of electro- magnetic energy and then- symptoms are documented) and amelioration studies (where exposure is reduced)can shed light on the offending energy source and the type and rate of reaction. Several amelioration studies have documented improvements in the behavior of students and the health and wellbeing of teachers, among asthmatics", and in both diabetics and those with multiple sclerosis'IJ2 when their exposure to dirty electricity is reduced.Dirty electricity refers to microsurges flowing along electrical wires in the kHz 274 � � mcnvms,eta:Microwave radiation affects autonomic nervous system mount reaction. Ortbootatic HRV combined with provocation monitoring may help distinguish these three types of responses (sensitive, not sensitive,non-responsive reac- tors). The term BBS was deemed to imply that ucausal relationship has been established between the reported uy/optmno ood2MF exposure and for that reason the WBO^ has labeled BBS as }d/ol)o/6/u Environ/nen/u/ Inm/arooca (\Dl) to 6oJioo<e that it is an acquired disorder with mu\bp)o recurrent ayoq`tomx, associated with diverse environ- mental factors tolerated by the majority of people, and not explained by any known � medical, poypbiubio or psychological disorder. We think this lu6c6og needs to be changed especially 6o light of this study. Cvuuinoionx The onbootado BRV provides information about the adaptive capacity of ail indi- vidual based on Gtuuoo score and oo the state oFthe SN8 aodPS74S. &purnou with high adaptive capacity is unlikely to respond to a stressor(because they are highly adaptive) but if they do respond the response is likely to be intense. Orthostatic HRV was able to predict the intensity of the response much better than the probability of a response to a oboonoz,which io this case was o2.4 GBz digital cordless phone that generated apower density of3 to 5 /oiuroYY/onf. Forty percent of those tested responded to the HRV provocation. Some experienced tachyeardia,which corresponded to an up regulation of their SNS and a down regulation of their PSNS (increase in LF/HF ratio). This was deemed a severe response when the H8io supine subjects increased by l0tnD31 beats per minute during blinded exposure. FIR returned tn normal during sham exposure for all subjects tested. lototal, l6Y6 had u severe rouyooao, 2496 had nouodozu<o response (changes in 8yJS auJ/orP8NS but no change ioDIU� 32% had o slight response; and 28Y6 were nno'ruopoudora. Some ofthe non-responders were either highly adaptive (not 000aiiivu) or non-responding reactors (not enough energy to mount a reaction).A few reactors had a potentiated reaction,such that their reaction increased with ropou1od uzponun:` vvbilc others showed re-regulation with repeated exposure. These data show that 8RV can hu used to demonstrate u physiological response /ou pulsed 108OzM9/ aUesooc For some the response is extreme (taohyoozd6a), for others moderate to mild (changes in SN8 aod/or28N8), and for some there is no observable reaction because of high adaptive capacity or because of systemic ocuruvcge1a{ivn exhaustion,Our results show that MW radiation affects the ANS and may put some indi- viduals with pre-existing heart conditions at risk when exposed to electromagnetic radi- ation top/hio6 they are sensitive. This study provides auioudfic evidence that some individuals may uzpudcnox arrhythmia, heart palpitations, heart Ou1icx, or rapid heartbeat and/or voouvagal symp- toms such as dizziness,nausea,profuse sweating and syncope when exposed to electro- magnetic devices. Itiathe first study to demonstrate such a dramatic response to pulsed K4YV radiation ot0.5%o[existing federal guidelines(l0O0ooicroY0cm')iu both Canada and the DG, 205 \ CITY COUNCIL MEETING Port Angeles, Washington May 20, 2014 CALL TO ORDER SPECIAL MEETING: Deputy Mayor Downie called the special meeting of the Port Angeles City Council to order at 5:00 p.m. Planning Commission Interview ROLL CALL: Members Present: Deputy Mayor Downie, Councilmembers Bruch, Collins [arrived at 5:07 p.m.], Gase, Kidd [arrived at 5:10 p.m.] and Whetham. Members Absent: Mayor Di Guilio. Staff Present: City Manager McKeen,Attorney Bloor,Clerk Hurd and N.West. INTERVIEWS: City Council conducted an interview of Nancy Powers for a position on the Planning Commission. Council discussion followed. EXECUTIVE SESSION: Based on input from Attorney Bloor, Deputy Mayor Downie announced the need for an Executive Session, under the authority of RCW 42.30.110(1)(i) for the purpose of discussing potential litigation with legal counsel, for approximately 30 minutes. The Executive Session convened at 5:12 p.m. RETURN TO OPEN SESSION: The Executive Session concluded at 5:47 p.m.No action was taken. ADJOURNMENT: Deputy Mayor Downie adjourned the Special Meeting at 5:47 p.m. CALL TO ORDER-REGULAR MEETING: Deputy Mayor Downie called the regular meeting of the Port Angeles City Council to order at 6:00 p.m. ROLL CALL: Members Present: Deputy Mayor Downie,Councilmembers Bruch,Collins,Gase,Kidd and Whetham. Members Absent: Mayor Di Guilio. Staff Present: City Manager McKeen, Attorney Bloor, Clerk Hurd, C. Delikat, K. Bogues, M. Puntenney, B. McFall,B. Olson,N.West and M.Abed. PLEDGE OF ALLEGIANCE: Councilmembers Collins led the Pledge of Allegiance to the Flag CEREMONIAL MATTERS,PROCLAMATIONS&EMPLOYEE RECOGNITIONS 1. Washington Parks&Recreation Association Award—Janet Young Director of Parks&Recreation Delikat and Councilmember Kidd presented Janet Young with recognition,honoring her Washington Parks&Recreation Association Award. PUBLIC COMMENT: Devon Graywolf,438 Lopez,presented City Council a Western Hemlock tree in honor of Arbor Day and the City working to become a Tree City USA. E - 1 PORT ANGELES CITY COUNCIL MEETING—May 20, 2014 Eloise Kailin,Robert Crittenden,Alan Anderson,Virginia Leinart,Edna Willadsen and Cindy Turney spoke in opposition to smart meters. Penny Becker spoke in opposition to Rezone Proposal 14-01,because of her concerns regarding a potential drug rehabilitation clinic being opened in the newly rezoned area. LATE ITEMS TO BE PLACED ON THIS OR FUTURE AGENDAS as determined by City Manazer or Councilmember-None. It was moved by Kidd and seconded by Whetham to: Change the order of the agenda and immediately start the Public Hearings. Motion carried 6-0. PUBLIC HEARINGS—OTHER: 1. Solid Waste Utility Rate Ordinance Chief Financial Officer Olson Byron introduced the proposed ordinance for solid waste utility rate amendments.He provided a brief history of the Landfill Bluff Stabilization project and discussed the proposed rate surcharge as a way to pay for the debt service on the proposed bonds to fund the project. Deputy Mayor Downie opened the public hearing at 6:47 p.m. Cindy Turney,530 West 81h Street,spoke regarding high utility rates and how the increases are affecting the low- income individuals who are already having trouble affording their utilities. Council discussion followed. Edna Willadsen, 1719 East Lambert Lane,asked questions regarding how the utility discount program is funded. Council discussion followed. Stephanie Noblin,2345 East 3rd Avenue,expressed her concerns with illegal garbage dumping due to the proposed increase in fees. Council discussion followed. Deputy Mayor Downie continued the public hearing to the June 3,2014,City Council meeting. Deputy Mayor Downie conducted a first reading of the ordinance by title,entitled, AN ORDINANCE of the City of Port Angeles,Washington,relating to utilities rates,making changes to Title 13, Chapters 13.54 and 13.57 of the Port Angeles Municipal Code. 2. Financial Policy Revisions Chief Financial Officer Olson introduced the second reading of proposed financial policy revisions providing a brief summary of the proposed policies. Deputy Mayor Downie continued the public hearing at 7:00 p.m. Cindy Turney,530 West 81h Street,inquired about a more basic explanation of the proposed policies. Council discussion followed. Deputy Mayor Downie closed the public hearing at 7:07 p.m. Deputy Mayor Downie conducted a second reading of the resolution by title,entitled, Page 2 of 6 E -2 PORT ANGELES CITY COUNCIL MEETING—May 20, 2014 RESOLUTION NO. 10-14 It was moved by Bruch and seconded by Gase to: Pass the Resolution as read by title. Motion carried 6-0. Deputy Mayor Downie recessed the meeting for a break at 7:10 p.m.The meeting reconvened at 7:20 p.m. ORDINANCES NOT REQUIRING PUBLIC HEARINGS: 1. Issuance of Solid Waste Revenue Bonds/Conduct 1st Reading/Continue to June 3'a Chief Financial Officer Olson introduced Allan Dashen of A.Dashen and Associates,Deanna Gregory,Bond Counsel with Pacific Law,and City Treasurer Nevaril. CFO Olson,Allan Dashen and Deanna Gregory conducted a joint PowerPoint presentation regarding the 2014 Solid Waste Bond financing. Council discussion followed. Deputy Mayor Downie conducted a first reading of the ordinance by title,entitled, AN ORDINANCE of the city of Port Angeles,Washington,authorizing the issuance of solid waste utility revenue bonds of the city in the aggregate principal amount of not to exceed$9,200,000,to finance costs related to improving and stabilizing the Port Angeles landfill,to fund the reserve account,to capitalize interest on the bonds, and to pay costs of issuing the bonds;providing the form,terms and covenants of the bonds;providing for the disposition of the proceeds of sale of the bonds; and delegating authority to approve the final terms of the bonds. 2. Issuance of Solid Waste LTGO Bonds/Conduct 1st Reading/Continue to June 3'a Deputy Mayor Downie conducted a first reading of the ordinance by title,entitled AN ORDINANCE of the City of Port Angeles,Washington,authorizing the issuance of limited tax general obligation bonds of the city in the aggregate principal amount not to exceed$9,200,000,to finance costs related to improving and stabilizing the Port Angeles landfill,to capitalize interest on the bonds,and to pay costs of issuing the bonds;providing the form,terms and covenants of the bonds;providing for the disposition of the proceeds of sale of the bonds; and delegating authority to approve the final terms of the bonds. Council discussion followed. Deputy Mayor Downie recessed the meeting for a break at 8:30 p.m.The meeting reconvened at 8:35 p.m. Due to the lateness of the evening,Council discussed adding items from the Ordinance section to the Consent Agenda. It was moved by Whetham and seconded by Kidd to: Read Ordinance Section items H3,H4,H5 and H6 immediately. Council discussion followed. It was moved by Collins and seconded by Bruch to: Moved Ordinance section items H4 and H6 to the Consent Agenda and start agenda item H5 immediately. Council discussion followed. Councilmember Kidd withdrew her second on the first motion.Councilmember Whetham withdrew his motion to read Ordinance Section items H3,H4,H5 and H6 immediately. Council discussion followed. Page 3 of 6 E - 3 PORT ANGELES CITY COUNCIL MEETING—May 20, 2014 Councilmember Collins and Councilmember Bruch withdrew their motion and second to move Ordinance section items H4 and H6 to the Consent Agenda and start agenda item H5 immediately. Council agreed by consensus to move immediately to item H5 and add H4&H6 to the Consent Agenda. 3. Rezone Proposal—REZ 14-01 —Phillips Et al—Race Street between 4th/5th Streets Community and Economic Development Director West presented the second reading of the proposed ordinance for Rezone Proposal REZ 14-01.He explained to Council they were only considering a rezone of the proposed area and not to consider any potential future use of the property.He also stated the area being rezoned is consistent with the rezoning in the Race Street area that began back in 2006.Council discussion followed. Mayor Di Guilio conducted a second reading of the ordinance by title,entitled ORDINANCE NO.3502 AN ORDINANCE of the City of Port Angeles,Washington,rezoning approximately 1.36 acres from Residential Single Family RS7 to Commercial Office CO. It was moved by Bruch and seconded by Gase to: Adopt the ordinance as read by title. Motion carried 5-1,with Kidd voting in opposition. 4. Mixed Use Overlay Zone/Conduct]"Reading/Continue to June 3'd Director West presented the first reading of the proposed ordinance for a mixed use overlay zone.He explained the ordinance is intended to incorporate commercial zones and public buildings and park zones,and stated overlay zones help areas have a campus type feel in commercial zones.He also stated the Planning Commission has reviewed the proposal at three separate meetings and held two public hearings. Council discussion followed. Mayor Di Guilio conducted a first reading of the ordinance by title,entitled AN ORDINANCE of the City of Port Angeles,Washington,revising Title 17 of the Port Angeles Municipal Code relating to Zoning by adding a new Chapter 17.37 Mixed Commercial Overlay,MCO. CONSENT AGENDA: Deputy Director of Engineering Services Puntenney provided an amended memo regarding pricing changes to the material purchases for gallon refuse containers. Council discussion followed. It was moved by Bruch and seconded by Kidd to approve the Consent Agenda to include: 1. City Council Minutes:April 81h,22nd,291',and May 61h 2014 2. Expenditure Approval List: 04/26/14 to 05/09/14 for$3,496,612.49 3. Justice Assistance Grant/Interlocal Agreement with Clallam County/Authorize the City Manager to sign Interlocal Agreement with Clallam County and authorize the Police Department to accept the 2014 BJA Local JAG grant funds in the amount of$10,195, and to spend funds in cooperation with Clallam County to improve the joint active shooter training program 4. Turf Sweeper Purchase l Approve and authorize the City Manager to sign a contract with Toro Rake-O-Vac, for the purchase of a new turf sweeper/vacuum machine available on state contract from Western Equipment Distributors for the price of$32,560, and to make minor modifications to the contract, if necessary 5. Material Purchase:95 and 300 Gallon Refuse Containers,Contract SW-14-010 l Award the 95 gallons refuse containers contract to Otto Environmental Systems in the amount of$19,640.56, and award the 300 gallons refuse containers contract to Rotational Molding in the amount of$16,234.09, including all taxes and expenses;and authorize the City Manager to sign these contracts and to make minor modifications, if necessary 6. Simple Steps Amendment No. 1 to Project Order-02 l Authorize the City Manager to sign the Simple Steps Amendment No. 1 to Project Order-02 in the amount of$125,000, and to make minor modifications as necessary Page 4 of 6 E -4 PORT ANGELES CITY COUNCIL MEETING—May 20, 2014 7. Memorandum of Agreement- ORCAA/Authorize City Manager to sign agreement with the Olympic Region Clean Air Agency for continued operation of an ambient air monitoring station on the roof of the Fire Department 8. Planning Commission Appointment l Appoint Nancy Powers to the Planning Commission 9. Interlocal Agreement with Olympic Memorial Hospital District l Approve and authorize the City Manager to sign an Interlocal Agreement with Olympic Memorial Hospital District to transfer ownership of the District's medium voltage electrical system to the City, and to make minor modifications to the Agreement, if necessary 10.Port Angeles Forward Committee Ordinance Amendment l Adopt Ordinance No. 3503 11.Purchasing Policies&Procedure Ordinance Amendment/Adopt Ordinance No. 3504 Motion carried 6-0. RESOLUTIONS NOT REQUIRING PUBLIC HEARINGS: 1. Personnel Policy Manual City Manager McKeen introduced Human Resources Analyst Gates who presented the amended Personnel Policy Manual. She introduced the amended policy stating it had been thoroughly reviewed by Human Resources,the City Manager,Department Directors,the Washington Cities Insurance Authority and the City's union representatives. Council discussion followed. Deputy Mayor Downie read the resolution by title,entitled, RESOLUTION NO. 11-14 A RESOLUTION of the City Council of the City of Port Angeles,Washington,amending the Personnel Policy and Procedures Manual in its entirety,in compliance with current laws,rules,regulations,and practices. It was moved by Gase and seconded by Bruch to: Pass the resolution as read by title. Council discussion followed. Motion carried 6-0. CITY COUNCIL REPORTS: Deputy Mayor Downie spoke regarding the recent Holland America Cruise Line visit to Port Angeles and the June 71h Bike to Work and School Parade. Councilmember Kidd spoke regarding her attendance at a filming in Wenatchee regarding the Department of Historic Preservation's list of most endangered historic buildings in Washington State. She stated the old Fire House at 215 S.Lincoln is listed as number one on the top five list. Councilmember Bruch spoke regarding her attendance at the Solid Waste Advisory Committee meeting and the suggestion she received from the committee for the City to consider a deconstruction ordinance. She also asked for updates regarding the City Pier floats. Councilmember Collins spoke regarding the Economic Development Council recruiting team for new businesses and the Ecosystem Recovery Network steering committee.He also discussed his recent address at a League of Women Voters meeting regarding the benefits and alternatives in permitting and land use decisions,more specifically the hearings examiner process.He urged the City to use this process as soon as possible,and discussed possible cost savings.No other reports were given. INFORMATION: City Manager Reports: 1.Planning Commission Minutes Page 5 of 6 E - 5 PORT ANGELES CITY COUNCIL MEETING—May 20, 2014 2.Parks&Recreation First Quarter Report Manager McKeen spoke regarding the reports in the packet and reminded City Council of an upcoming joint meeting with the Port of Port Angeles on June 2,2014,at 10:00 a.m.,in the City Council Chambers. EXECUTIVE SESSION: It was determined there was no need for an executive session. It was moved by Kidd and seconded by Gase to adjourn the meeting.Motion carried 6-0. ADJOURNMENT: Deputy Mayor Downie adjourned the meeting at 9:30 p.m. Patrick Downie,Deputy Mayor Janessa Hurd,City Clerk Page 6 of 6 E - 6 Date:5/27/2014 City of Port Angeles City Council Expenditure Report From: 511012014 To: 512312014 Vendor Description Account Number Invoice Amount BILL'S PLUMBING&HEATING INC WFT SANIKAN RAYONIER MILL 001-0000-239.96-00 85.00 CANON USA, INC OFFICE MACHINES&ACCESS 001-0000-237.00-00 -20.94 OFFICE MACHINES&ACCESS 001-0000-237.00-00 20.94 ELECSYS INT'L CORP RADIX MAINTENANCE 001-0000-237.00-00 -21.34 GALLS CLOTHING &APPAREL 001-0000-237.00-00 -28.22 Jessica Roening CLUBHOUSE RENTAL DEPOSIT 001-0000-239.10-00 50.00 OLYMPIC PENINSULA HUMANE SOCIETY VBCC RENTAL DEPOSIT REFUN 001-0000-239.10-00 150.00 Thomas F.Sharpe SALES TAX 001-0000-237.30-00 10.92 US BANK CORPORATE PAYMENT SYSTEItest 001-0000-213.10-95 -8,912.47 City Credit Card Pmt 001-0000-213.10-95 13,284.60 Towels 001-0000-237.00-00 -3.05 Concert Poster 001-0000-237.00-00 -4.53 CPRP Prep Course Bundle 001-0000-237.00-00 -8.40 Ice Holder 001-0000-237.00-00 -1.85 Rock Show Posters 001-0000-237.00-00 -3.27 Concert Poster 001-0000-237.00-00 -8.40 Canvas Bags/Bracelets 001-0000-237.00-00 -6.35 Portable PA System 001-0000-237.00-00 -9.43 White Boards 001-0000-237.00-00 -14.19 Garment Rack 001-0000-237.00-00 -4.70 Stairs 001-0000-237.00-00 -10.78 Holster 001-0000-237.00-00 -8.78 Cuff Case/Flashlight Hold 001-0000-237.00-00 -5.43 Voice Recorder& Pouch 001-0000-237.00-00 -5.71 Volunteer Uniforms 001-0000-237.00-00 -7.77 Logo PAPD Cards 001-0000-237.00-00 -9.83 Computer Accessories 001-0000-237.00-00 -7.98 Uniform Shoes 001-0000-237.00-00 -3.36 Detergents 001-0000-237.00-00 -9.80 Internal Drive 001-0000-237.00-00 -8.24 WASHINGTON STATE TREASURER BUILDING SURCHARGES 001-0000-229.10-00 85.50 DIST CT REV TO STATE TREA 001-0000-229.30-00 10,426.99 Division Total: $14,989.13 Department Total: $14,989.13 ADVANCED TRAVEL Historical Bldg Evnt-Kidd 001-1160-511.43-10 182.19 US BANK CORPORATE PAYMENT SYSTEI Conference Reg-Bruch 001-1160-511.43-10 595.00 Legislative Mayor& Council Division Total: $777.19 Legislative Department Total: $777.19 CENTURYLINK-QWEST 05-05 A/C 3604523712585B 001-1210-513.42-10 2.11 05-05 A/C 3604523877817B 001-1210-513.42-10 1.21 05-05 A/C 3604525109623B 001-1210-513.42-10 1.21 05-05 A/C 3604529882811 B 001-1210-513.42-10 1.21 Pagel E - 7 Date:5/27/2014 City of Port Angeles City Council Expenditure Report From: 511012014 To: 512312014 Vendor Description Account Number Invoice Amount CENTURYLINK-QWEST 05-05 A/C 3604529887652B 001-1210-513.42-10 1.25 05-05 A/C 3604525834211 B 001-1210-513.42-10 1.38 04-14 A/C 3604570411199B 001-1210-513.42-10 55.84 Rotary Club of Port Angeles MCKEEN 2014-15 DUES 001-1210-513.49-01 175.00 US BANK CORPORATE PAYMENT SYSTEIVarious Business Lunches 001-1210-513.31-01 40.99 Ferry Ticket 001-1210-513.43-10 13.55 City Manager Department City Manager Office Division Total: $293.75 ADVANCED TRAVEL AWC Conf-Gates 001-1220-516.43-10 236.17 CENTURYLINK-QWEST 05-05 A/C 3604523712585B 001-1220-516.42-10 0.42 05-05 A/C 3604523877817B 001-1220-516.42-10 0.24 05-05 A/C 3604525109623B 001-1220-516.42-10 0.24 05-05 A/C 3604529882811 B 001-1220-516.42-10 0.24 05-05 A/C 3604529887652B 001-1220-516.42-10 0.25 05-05 A/C 3604525834211 B 001-1220-516.42-10 0.28 04-14 A/C 3604570411199B 001-1220-516.42-10 11.17 US BANK CORPORATE PAYMENT SYSTEIFerry Ticket-A Gates 001-1220-516.43-10 13.55 City Manager Department Human Resources Division Total: $262.56 CENTURYLINK-QWEST 05-05 A/C 3604523712585B 001-1230-514.42-10 0.21 05-05 A/C 3604523877817B 001-1230-514.42-10 0.12 05-05 A/C 3604525109623B 001-1230-514.42-10 0.12 05-05 A/C 3604529882811 B 001-1230-514.42-10 0.12 05-05 A/C 3604529887652B 001-1230-514.42-10 0.13 05-05 A/C 3604525834211 B 001-1230-514.42-10 0.14 04-14 A/C 3604570411199B 001-1230-514.42-10 5.58 NEURATH PHOTGRAPHY, ERIC COMMUNICATIONS/MEDIA SERV 001-1230-514.41-50 379.40 SOUND PUBLISHING INC COMMUNICATIONS/MEDIA SERV 001-1230-514.44-10 44.24 COMMUNICATIONS/MEDIA SERV 001-1230-514.44-10 31.60 US BANK CORPORATE PAYMENT SYSTEITraing Registration-Hur 001-1230-514.43-10 140.00 City Manager Department City Clerk Division Total: $601.66 City Manager Department Department Total: $1,157.97 NIPPON PAPER INDUSTRIES USA,CO JAN -MARCH TAX CREDIT 001-2001-314.51-00 35,951.94 Finance Department Finance Revenues Division Total: $35,951.94 CENTURYLINK-QWEST 05-05 A/C 3604523712585B 001-2010-514.42-10 1.46 05-05 A/C 3604523877817B 001-2010-514.42-10 0.85 05-05 A/C 3604525109623B 001-2010-514.42-10 0.85 05-05 A/C 3604529882811 B 001-2010-514.42-10 0.88 05-05 A/C 3604529887652B 001-2010-514.42-10 0.87 05-05 A/C 3604525834211 B 001-2010-514.42-10 0.94 04-14 A/C 3604570411199B 001-2010-514.42-10 39.08 SOUND PUBLISHING INC FINANCIAL ANALYST AD 001-2010-514.44-10 509.58 US BANK CORPORATE PAYMENT SYSTEITravel Expenses-Olson 001-2010-514.43-10 151.10 Conf Reg-Olson 001-2010-514.43-10 195.00 Page 2 E - 8 Date:5/27/2014 City of Port Angeles City Council Expenditure Report From: 511012014 To: 512312014 Vendor Description Account Number Invoice Amount US BANK CORPORATE PAYMENT SYSTEIConf Reg Refund -Olson 001-2010-514.43-10 -170.00 On-line PDN Subscription 001-2010-514.49-01 42.00 Finance Department Finance Administration Division Total: $772.61 CENTURYLINK-QWEST 05-05 A/C 3604523712585B 001-2023-514.42-10 1.90 05-05 A/C 3604523877817B 001-2023-514.42-10 1.09 05-05 A/C 3604525109623B 001-2023-514.42-10 1.09 05-05 A/C 3604529882811 B 001-2023-514.42-10 1.09 05-05 A/C 3604529887652B 001-2023-514.42-10 1.12 05-05 A/C 3604525834211 B 001-2023-514.42-10 1.24 04-14 A/C 3604570411199B 001-2023-514.42-10 50.25 PERS P/R Deductions pe 05-11 001-2023-514.49-90 102.80 US BANK CORPORATE PAYMENT SYSTEIWebinar Reg. (3) 001-2023-514.43-10 150.00 WASHINGTON(AUDITOR),STATE OF FINANCIAL SERVICES 001-2023-514.41-50 11,960.82 Finance Department Accounting Division Total: $12,271.40 CENTURYLINK-QWEST 05-05 A/C 3604523712585B 001-2025-514.42-10 2.74 05-05 A/C 3604523877817B 001-2025-514.42-10 1.58 05-05 A/C 3604525109623B 001-2025-514.42-10 1.58 05-05 A/C 3604529882811 B 001-2025-514.42-10 1.57 05-05 A/C 3604529887652B 001-2025-514.42-10 1.62 05-05 A/C 3604525834211 B 001-2025-514.42-10 1.79 04-14 A/C 3604570411199B 001-2025-514.42-10 72.59 ELECSYS INT'L CORP RADIX MAINTENANCE 001-2025-514.48-10 275.34 LEXISNEXIS PERSON SEARCHES 001-2025-514.41-50 54.20 Loch Ness LOCKSMITH SERVICES 001-2025-514.41-50 50.00 OLYMPIC STATIONERS INC OFFICE SUPPLIES, GENERAL 001-2025-514.31-01 97.86 Finance Department Customer Service Division Total: $560.87 CANON USA, INC OFFICE MACHINES&ACCESS 001-2080-514.45-31 351.55 OFFICE MACHINES&ACCESS 001-2080-514.45-31 365.51 OFFICE MACHINES&ACCESS 001-2080-514.45-31 -351.55 OFFICE MACHINES&ACCESS 001-2080-514.45-31 -365.51 OLYMPIC STATIONERS INC PAPER(OFFICE,PRINT SHOP) 001-2080-514.31-01 1,957.27 PITNEY BOWES CREDIT CORP 2Q MAIL METER LEASE 001-2080-514.45-30 1,351.99 SHARP ELECTRONICS CORP OFFICE MACHINES&ACCESS 001-2080-514.45-31 585.40 OFFICE MACHINES&ACCESS 001-2080-514.45-31 148.15 UNITED PARCEL SERVICE Shipping Chgs 001-2080-514.42-10 45.20 US BANK CORPORATE PAYMENT SYSTE111 x 17 copy paper 001-2080-514.31-01 227.42 Finance Department Reprographics Division Total: $4,315.43 NIPPON PAPER INDUSTRIES USA,CO SETTLEMENT-OVERPAID TAXE 001-2099-519.49-90 200,000.00 Finance Department General Unspecified Division Total: $200,000.00 Finance Department Department Total: $253,872.25 ADVANCED TRAVEL WSAMA Conf-Bloor 001-3010-515.43-10 70.00 CENTURYLINK-QWEST 05-05 A/C 3604523712585B 001-3010-515.42-10 1.26 Page 3 E - 9 Date:5/27/2014 City of Port Angeles City Council Expenditure Report r4'rJ * r From: 511012014 To: 512312014 Vendor Description Account Number Invoice Amount CENTURYLINK-QWEST 05-05 A/C 3604523877817B 001-3010-515.42-10 0.73 05-05 A/C 3604525109623B 001-3010-515.42-10 0.73 05-05 A/C 3604529882811 B 001-3010-515.42-10 0.73 05-05 A/C 3604529887652B 001-3010-515.42-10 0.75 05-05 A/C 3604525834211 B 001-3010-515.42-10 0.83 04-14 A/C 3604570411199B 001-3010-515.42-10 33.50 QUILL CORPORATION TONER,LABELS&CARTRIDGES 001-3010-515.31-01 62.92 TONER,LABELS&CARTRIDGES 001-3010-515.31-01 178.93 THOMSON REUTERS-WEST WESTLAW LEGAL RESEARCH 001-3010-515.31-01 292.15 US BANK CORPORATE PAYMENT SYSTEITravel Expenses-Bloor 001-3010-515.43-10 83.33 Attorney Attorney Office Division Total: $725.86 CITY OF FORKS FORKS JAIL BILL-APRIL 001-3012-598.51-23 7,020.00 CLALLAM CNTY SHERIFF'S DEPT CNTY JAIL BILL FOR APRIL 001-3012-598.51-23 56,864.92 Attorney Jail Contributions Division Total: $63,884.92 ADVANCED TRAVEL WSAMA Conf-Cowgill 001-3021-515.43-10 482.84 WSAMA Conf-Greenwood 001-3021-515.43-10 721.44 CENTURYLINK-QWEST 05-05 A/C 3604523712585B 001-3021-515.42-10 0.84 05-05 A/C 3604523877817B 001-3021-515.42-10 0.49 05-05 A/C 3604525109623B 001-3021-515.42-10 0.49 05-05 A/C 3604529882811 B 001-3021-515.42-10 0.48 05-05 A/C 3604529887652B 001-3021-515.42-10 0.50 05-05 A/C 3604525834211 B 001-3021-515.42-10 0.55 04-14 A/C 3604570411199B 001-3021-515.42-10 22.33 QUILL CORPORATION TONER,LABELS&CARTRIDGES 001-3021-515.31-01 62.92 TONER,LABELS&CARTRIDGES 001-3021-515.31-01 178.93 THOMSON REUTERS-WEST WESTLAW LEGAL RESEARCH 001-3021-515.31-01 292.14 Attorney Prosecution Division Total: $1,763.95 Attorney Department Total: $66,374.73 CENTURYLINK-QWEST 05-05 A/C 3604523712585B 001-4010-558.42-10 1.58 05-05 A/C 3604523877817B 001-4010-558.42-10 0.91 05-05 A/C 3604525109623B 001-4010-558.42-10 0.91 05-05 A/C 3604529882811 B 001-4010-558.42-10 0.91 05-05 A/C 3604529887652B 001-4010-558.42-10 0.94 05-05 A/C 3604525834211 B 001-4010-558.42-10 1.03 04-14 A/C 3604570411199B 001-4010-558.42-10 41.88 OLYMPIC STATIONERS INC OFFICE SUPPLIES, GENERAL 001-4010-558.31-01 18.38 SOUND PUBLISHING INC COMMUNICATIONS/MEDIA SERV 001-4010-558.44-10 53.72 Community Development Planning Division Total: $120.26 CENTURYLINK-QWEST 05-05 A/C 3604523712585B 001-4020-524.42-10 0.55 05-05 A/C 3604523877817B 001-4020-524.42-10 0.32 05-05 A/C 3604525109623B 001-4020-524.42-10 0.32 05-05 A/C 3604529882811 B 001-4020-524.42-10 0.31 Page 4 E - 10 Date:5/27/2014 City of Port Angeles City Council Expenditure Report r4'rJ * r From: 511012014 To: 512312014 Vendor Description Account Number Invoice Amount CENTURYLINK-QWEST 05-05 A/C 3604529887652B 001-4020-524.42-10 0.32 05-05 A/C 3604525834211 B 001-4020-524.42-10 0.36 04-14 A/C 3604570411199B 001-4020-524.42-10 14.52 ICC INTERNAT'L CODE COUNCIL D 001-4020-524.49-01 125.00 SHARP ELECTRONICS CORP COPIER USAGE 001-4020-524.45-31 475.74 SOUND PUBLISHING INC COMMUNICATIONS/MEDIA SERV 001-4020-524.44-10 56.88 COMMUNICATIONS/MEDIA SERV 001-4020-524.44-10 33.18 Community Development Building Division Total: $707.50 CENTURYLINK-QWEST 05-05 A/C 3604523712585B 001-4030-559.42-10 0.08 05-05 A/C 3604523877817B 001-4030-559.42-10 0.05 05-05 A/C 3604525109623B 001-4030-559.42-10 0.05 05-05 A/C 3604529882811 B 001-4030-559.42-10 0.05 05-05 A/C 3604529887652B 001-4030-559.42-10 0.05 05-05 A/C 3604525834211 B 001-4030-559.42-10 0.06 04-14 A/C 3604570411199B 001-4030-559.42-10 2.23 Community Development Code Compliance Division Total: $2.57 Community Development Department Total: $830.33 CAPACITY PROVISIONING INC DATA PROC SERV&SOFTWARE 001-5010-521.42-12 66.96 CENTURYLINK-QWEST 05-05 A/C 3604523712585B 001-5010-521.42-10 3.37 05-05 A/C 3604523877817B 001-5010-521.42-10 1.94 05-05 A/C 3604525109623B 001-5010-521.42-10 1.94 05-05 A/C 3604529882811 B 001-5010-521.42-10 1.93 05-05 A/C 3604529887652B 001-5010-521.42-10 2.00 05-05 A/C 3604525834211 B 001-5010-521.42-10 2.21 04-14 A/C 3604570411199B 001-5010-521.42-10 89.34 LANGUAGE LINE SERVICES MISC PROFESSIONAL SERVICE 001-5010-521.42-10 17.42 US BANK CORPORATE PAYMENT SYSTEILogo PAPD Cards 001-5010-521.31-01 126.78 Card Used in Error 001-5010-521.31-01 4.10 Uniform Shoes 001-5010-521.31-11 43.35 Narrow Bridge Toll 001-5010-521.43-10 5.25 Police Department Police Administration Division Total: $366.59 BLUMENTHAL UNIFORMS&EQUIP CLOTHING &APPAREL 001-5021-521.31-01 141.46 CLOTHING &APPAREL 001-5021-521.31-01 319.73 CAPACITY PROVISIONING INC DATA PROC SERV&SOFTWARE 001-5021-521.42-12 202.03 CENTURYLINK-QWEST 05-05 A/C 3604523712585B 001-5021-521.42-10 2.11 05-05 A/C 3604523877817B 001-5021-521.42-10 1.21 05-05 A/C 3604525109623B 001-5021-521.42-10 1.21 05-05 A/C 3604529882811 B 001-5021-521.42-10 1.21 05-05 A/C 3604529887652B 001-5021-521.42-10 1.25 05-05 A/C 3604525834211 B 001-5021-521.42-10 1.38 04-14 A/C 3604570411199B 001-5021-521.42-10 55.84 THOMSON REUTERS-WEST SECURITY,FIRE,SAFETY SERV 001-5021-521.49-01 202.71 Page 5 E - 11 Date:5/27/2014 City of Port Angeles City Council Expenditure Report r4'rJ * r From: 511012014 To: 512312014 Vendor Description Account Number Invoice Amount US BANK CORPORATE PAYMENT SYSTEITactical Shirts-(2) 001-5021-521.31-11 54.30 Course Reg-Arand/Martin 001-5021-521.43-10 525.00 Police Department Investigation Division Total: $1,509.44 ADVANCED TRAVEL EVAWI Conf-Malone 001-5022-521.43-10 923.56 DV Conf. -Powless 001-5022-521.43-10 758.39 BRATWEAR CLOTHING &APPAREL 001-5022-521.20-80 433.06 CLOTHING &APPAREL 001-5022-521.31-11 938.74 CENTURYLINK-QWEST 05-05 A/C 3604523712585B 001-5022-521.42-10 5.90 05-05 A/C 3604523877817B 001-5022-521.42-10 3.40 05-05 A/C 3604525109623B 001-5022-521.42-10 3.40 05-05 A/C 3604529882811 B 001-5022-521.42-10 3.38 05-05 A/C 3604529887652B 001-5022-521.42-10 3.50 05-05 A/C 3604525834211 B 001-5022-521.42-10 3.86 04-14 A/C 3604570411199B 001-5022-521.42-10 156.34 CUTTING EDGE TRAINING EDUCATIONAL SERVICES 001-5022-521.43-10 109.00 GALLS CLOTHING &APPAREL 001-5022-521.20-80 364.20 LINCOLN STREET STATION EXTERNAL LABOR 001-5022-521.42-10 29.71 MPH INDUSTRIES INC CONTRL,INDICA,RECORD INST 001-5022-521.31-01 398.36 OLYMPIC STATIONERS INC OFFICE SUPPLIES, GENERAL 001-5022-521.31-01 4.33 PROFORCE LAW ENFORCEMENT POLICE EQUIPMENT&SUPPLY 001-5022-521.35-01 2,784.69 SWAIN'S GENERAL STORE INC POLICE EQUIPMENT&SUPPLY 001-5022-521.31-01 19.59 US BANK CORPORATE PAYMENT SYSTEICamera Memory Card 001-5022-521.20-90 21.66 Voice Recorder&Supplies 001-5022-521.20-90 61.77 Voice Recorder& Pouch 001-5022-521.20-90 73.64 Holster 001-5022-521.35-01 113.27 Cuff Case/Flashlight Hold 001-5022-521.35-01 69.99 Merchandise Returned 001-5022-521.35-01 -122.34 Shipping Costs 001-5022-521.42-10 20.45 Training Reg. -Morse 001-5022-521.43-10 415.00 Conf Reg. -Roggenbuck 001-5022-521.43-10 190.00 WA STATE CRIMINAL JUSTICE HUMAN SERVICES 001-5022-521.43-10 300.00 Police Department Patrol Division Total: $8,086.85 ADVANCED TRAVEL WAPRO Conf-Schilke 001-5029-521.43-10 129.15 CANON USA, INC OFFICE MACHINES&ACCESS 001-5029-521.45-31 138.86 OFFICE MACHINES&ACCESS 001-5029-521.45-31 275.64 OFFICE MACHINES&ACCESS 001-5029-521.45-31 -275.64 OFFICE MACHINES&ACCESS 001-5029-521.45-31 -138.86 CENTURYLINK-QWEST 05-05 A/C 3604523712585B 001-5029-521.42-10 2.11 05-05 A/C 3604523877817B 001-5029-521.42-10 1.21 05-05 A/C 3604525109623B 001-5029-521.42-10 1.21 05-05 A/C 3604529882811 B 001-5029-521.42-10 1.21 05-05 A/C 3604529887652B 001-5029-521.42-10 1.25 Page 6 E - 12 Date:5/27/2014 City of Port Angeles City Council Expenditure Report From: 511012014 To: 512312014 Vendor Description Account Number Invoice Amount CENTURYLINK-QWEST 05-05 A/C 3604525834211 B 001-5029-521.42-10 1.38 04-14 A/C 3604570411199B 001-5029-521.42-10 55.84 US BANK CORPORATE PAYMENT SYSTE I Mercha nd ise Returned 001-5029-521.31-11 -156.05 Records Clerk Uniforms 001-5029-521.31-11 182.07 Computer Accessories 001-5029-521.31-60 102.95 Conf Reg-Schilke&Carino 001-5029-521.43-10 280.00 Travel Expenses-Carino 001-5029-521.43-10 172.58 Training Reg-Carino 001-5029-521.43-10 50.00 Police Department Records Division Total: $824.91 Police Department Department Total: $10,787.79 CAPACITY PROVISIONING INC DATA PROC SERV&SOFTWARE 001-6010-522.42-12 334.80 CENTURYLINK-QWEST 05-05 A/C 3604523712585B 001-6010-522.42-10 2.95 05-05 A/C 3604523877817B 001-6010-522.42-10 1.70 05-05 A/C 3604525109623B 001-6010-522.42-10 1.70 05-05 A/C 3604529882811 B 001-6010-522.42-10 1.69 05-05 A/C 3604529887652B 001-6010-522.42-10 1.75 05-05 A/C 3604525834211 B 001-6010-522.42-10 1.93 04-14 A/C 3604570411199B 001-6010-522.42-10 78.17 05-05 A/C 3604523712585B 001-6010-522.42-11 0.84 05-05 A/C 3604523877817B 001-6010-522.42-11 0.49 05-05 A/C 3604525109623B 001-6010-522.42-11 0.49 05-05 A/C 3604529882811 B 001-6010-522.42-11 0.48 05-05 A/C 3604529887652B 001-6010-522.42-11 0.50 05-05 A/C 3604525834211 B 001-6010-522.42-11 0.55 04-14 A/C 3604570411199B 001-6010-522.42-11 22.33 OLYMPIC PRINTERS INC BUSINESS CARDS 001-6010-522.31-01 52.03 OLYMPIC STATIONERS INC USB DRIVES 001-6010-522.31-01 151.38 SOUND PUBLISHING INC CLASSIFIED AD-JOB LISTI 001-6010-522.44-10 386.60 US BANK CORPORATE PAYMENT SYSTEIGasoline Purchase-Dubuc 001-6010-522.43-10 50.52 WHEELER,CORAL REFRESHMENTS INTERVIEW BO 001-6010-522.31-01 124.24 Fire Department Fire Administration Division Total: $1,215.14 CENTURYLINK-QWEST 05-05 A/C 3604523712585B 001-6020-522.42-10 2.74 05-05 A/C 3604523877817B 001-6020-522.42-10 1.58 05-05 A/C 3604525109623B 001-6020-522.42-10 1.58 05-05 A/C 3604529882811 B 001-6020-522.42-10 1.57 05-05 A/C 3604529887652B 001-6020-522.42-10 1.62 05-05 A/C 3604525834211 B 001-6020-522.42-10 1.79 04-14 A/C 3604570411199B 001-6020-522.42-10 72.59 US BANK CORPORATE PAYMENT SYSTEIRadio Frequency Coord 001-6020-522.31-14 190.00 Fire Department Fire Suppression Division Total: $273.47 CENTURYLINK-QWEST 05-05 A/C 3604523712585B 001-6021-522.42-10 0.21 05-05 A/C 3604523877817B 001-6021-522.42-10 0.12 Page 7 E - 13 Date:5/27/2014 City of Port Angeles City Council Expenditure Report From: 511012014 To: 512312014 Vendor Description Account Number Invoice Amount CENTURYLINK-QWEST 05-05 A/C 3604525109623B 001-6021-522.42-10 0.12 05-05 A/C 3604529882811 B 001-6021-522.42-10 0.12 05-05 A/C 3604529887652B 001-6021-522.42-10 0.13 05-05 A/C 3604525834211 B 001-6021-522.42-10 0.14 04-14 A/C 3604570411199B 001-6021-522.42-10 5.58 CLALLAM CNTY DEPT OF HEALTH HEPATITIS B SHOT-TROY P 001-6021-522.41-50 110.00 US BANK CORPORATE PAYMENT SYSTEIVolunteer Uniforms 001-6021-522.31-11 100.23 Fire Department Fire Volunteers Division Total: $216.65 SOUND BIKES&KAYAKS DRYSUIT REPAIR 001-6022-522.31-01 118.70 US BANK CORPORATE PAYMENT SYSTEIRope Bags 001-6022-522.31-01 387.55 Rescue Equipment 001-6022-522.31-01 623.30 Fire Department Special Operations Division Total: $1,129.55 CENTURYLINK-QWEST 05-05 A/C 3604523712585B 001-6030-522.42-10 0.42 05-05 A/C 3604523877817B 001-6030-522.42-10 0.24 05-05 A/C 3604525109623B 001-6030-522.42-10 0.24 05-05 A/C 3604529882811 B 001-6030-522.42-10 0.24 05-05 A/C 3604529887652B 001-6030-522.42-10 0.25 05-05 A/C 3604525834211 B 001-6030-522.42-10 0.28 04-14 A/C 3604570411199B 001-6030-522.42-10 11.17 INTERNATIONAL CODE COUNCIL INC MEMBERSHIP 001-6030-522.49-01 50.00 Fire Department Fire Prevention Division Total: $62.84 CENTURYLINK-QWEST 05-05 A/C 3604523712585B 001-6040-522.42-10 0.42 05-05 A/C 3604523877817B 001-6040-522.42-10 0.24 05-05 A/C 3604525109623B 001-6040-522.42-10 0.24 05-05 A/C 3604529882811 B 001-6040-522.42-10 0.24 05-05 A/C 3604529887652B 001-6040-522.42-10 0.25 05-05 A/C 3604525834211 B 001-6040-522.42-10 0.28 04-14 A/C 3604570411199B 001-6040-522.42-10 11.17 PUGET SOUND MARINE ANNUAL DUES 001-6040-522.49-01 200.00 VERIZON WIRELESS 05-10 a/c 571099962-00001 001-6040-522.42-10 32.84 Fire Department Fire Training Division Total: $245.68 ANGELES PLUMBING INC REPAIR SHOWER DRAIN 001-6050-522.48-10 461.42 CED/CONSOLIDATED ELEC DIST INC ELECTRICAL PARTS 001-6050-522.31-20 49.11 RADIOSHACK ADAPTAPLUG 001-6050-522.31-20 27.09 WHEELER,CORAL SUPPLIES 001-6050-522.31-01 75.16 Fire Department Facilities Maintenance Division Total: $612.78 CENTURYLINK-QWEST 05-05 A/C 3604523712585B 001-6060-525.42-10 1.90 05-05 A/C 3604523877817B 001-6060-525.42-10 1.09 05-05 A/C 3604525109623B 001-6060-525.42-10 1.09 05-05 A/C 3604529882811 B 001-6060-525.42-10 1.09 05-05 A/C 3604529887652B 001-6060-525.42-10 1.12 05-05 A/C 3604525834211 B 001-6060-525.42-10 1.24 04-14 A/C 3604570411199B 001-6060-525.42-10 50.25 Page 8 E - 14 Date:5/27/2014 City of Port Angeles City Council Expenditure Report r4'rJ * r From: 511012014 To: 512312014 Vendor Description Account Number Invoice Amount Fire Department Emergency Management Division Total: $57.78 Fire Department Department Total: $3,813.89 CAPACITY PROVISIONING INC DATA PROC SERV&SOFTWARE 001-7010-532.42-12 108.40 CENTURYLINK-QWEST 05-05 A/C 3604523712585B 001-7010-532.42-10 6.53 05-05 A/C 3604523877817B 001-7010-532.42-10 3.76 05-05 A/C 3604525109623B 001-7010-532.42-10 3.76 05-05 A/C 3604529882811 B 001-7010-532.42-10 3.75 05-05 A/C 3604529887652B 001-7010-532.42-10 3.87 05-05 A/C 3604525834211 B 001-7010-532.42-10 4.27 04-14 A/C 3604570411199B 001-7010-532.42-10 173.09 DELL MARKETING LP COMPUTER HARDWARE&PERI PHI 001-7010-532.31-60 113.81 SONDYA WRAY MILEAGE REIMBURSEMENT 001-7010-532.43-10 56.00 US BANK CORPORATE PAYMENT SYSTEI Specification Manuals 001-7010-532.31-01 434.80 VERIZON WIRELESS 04-28 a/c 271138138-00002 001-7010-532.42-10 37.81 Public Works-Gen Fnd Pub Wks Administration Division Total: $949.85 Public Works-Gen Fnd Department Total: $949.85 ADVANCED TRAVEL Convention-R Anderson 001-8010-574.43-10 450.00 CANON USA, INC OFFICE MACHINES&ACCESS 001-8010-574.45-31 24.93 OFFICE MACHINES&ACCESS 001-8010-574.45-31 -24.93 CENTURYLINK-QWEST 05-05 A/C 3604523712585B 001-8010-574.42-10 0.63 05-05 A/C 3604523877817B 001-8010-574.42-10 0.36 05-05 A/C 3604525109623B 001-8010-574.42-10 0.36 05-05 A/C 3604529882811 B 001-8010-574.42-10 0.36 05-05 A/C 3604529887652B 001-8010-574.42-10 0.38 05-05 A/C 3604525834211 B 001-8010-574.42-10 0.41 04-14 A/C 3604570411199B 001-8010-574.42-10 16.75 INSIGHT PUBLIC SECTOR COMPUTERS,DP&WORD PROC. 001-8010-574.31-80 1,321.29 SPS VAR, LLC OFFICE MACHINES&ACCESS 001-8010-574.31-80 1,176.95 US BANK CORPORATE PAYMENT SYSTEICPRP Prep Course Bundle 001-8010-574.31-01 108.40 Award Banquet-Kidd/Bell 001-8010-574.31-01 110.00 Parks Dept Parks Administration Division Total: $3,185.89 CANON USA, INC OFFICE MACHINES&ACCESS 001-8012-555.45-31 22.44 OFFICE MACHINES&ACCESS 001-8012-555.45-31 181.94 OFFICE MACHINES&ACCESS 001-8012-555.45-31 -181.94 OFFICE MACHINES&ACCESS 001-8012-555.45-31 -22.44 CENTURYLINK-QWEST 05-05 A/C 3604523712585B 001-8012-555.42-10 0.63 05-05 A/C 3604523877817B 001-8012-555.42-10 0.36 05-05 A/C 3604525109623B 001-8012-555.42-10 0.36 05-05 A/C 3604529882811 B 001-8012-555.42-10 0.36 05-05 A/C 3604529887652B 001-8012-555.42-10 0.37 05-05 A/C 3604525834211 B 001-8012-555.42-10 0.41 04-14 A/C 3604570411199B 001-8012-555.42-10 16.75 Page 9 E - 15 Date:5/27/2014 City of Port Angeles City Council Expenditure Report r4'rJ * r From: 511012014 To: 512312014 Vendor Description Account Number Invoice Amount CENTURYLINK-QWEST 05-02 A/C 36041 71 94241 3B 001-8012-555.42-10 42.19 05-05 A/C 3604529861819B 001-8012-555.42-10 45.45 Parks Dept Senior Center Division Total: $106.88 CAPACITY PROVISIONING INC DATA PROC SERV&SOFTWARE 001-8050-536.42-12 202.03 CENTURYLINK-QWEST 05-05 A/C 3604523712585B 001-8050-536.42-10 0.42 05-05 A/C 3604523877817B 001-8050-536.42-10 0.24 05-05 A/C 3604525109623B 001-8050-536.42-10 0.24 05-05 A/C 3604529882811 B 001-8050-536.42-10 0.24 05-05 A/C 3604529887652B 001-8050-536.42-10 0.25 05-05 A/C 3604525834211 B 001-8050-536.42-10 0.28 04-14 A/C 3604570411199B 001-8050-536.42-10 11.17 MATTHEWS INTERNATIONAL CEMETERY MARKERS 001-8050-536.34-01 263.10 Thomas F.Sharpe BURIAL PLOT 001-8050-343.60-12 723.00 OPEN &CLOSING 001-8050-343.60-14 300.00 LINER PLACEMENT 001-8050-343.60-14 175.00 LINER 001-8050-343.60-16 130.00 QUIRING MONUMENTS INC CEMETERY MARKERS 001-8050-536.34-01 135.00 SOUND PUBLISHING INC COMMUNICATIONS/MEDIA SERV 001-8050-536.44-10 230.64 SWAIN'S GENERAL STORE INC PLUMBING EQUIP FIXT,SUPP 001-8050-536.31-20 57.22 JANITORIAL SUPPLIES 001-8050-536.31-20 91.39 Parks Dept Ocean View Cemetery Division Total: $2,320.22 ANGELES MACHINE WORKS INC HARDWARE,AND ALLIED ITEMS 001-8080-576.31-20 500.89 ANGELES MILLWORK&LUMBER CO HARDWARE,AND ALLIED ITEMS 001-8080-576.31-20 24.44 HARDWARE,AND ALLIED ITEMS 001-8080-576.31-20 90.90 HARDWARE,AND ALLIED ITEMS 001-8080-576.31-20 34.69 BUILDER'S SUPPLIES 001-8080-576.31-20 17.69 HARDWARE,AND ALLIED ITEMS 001-8080-576.31-20 23.24 PLUMBING EQUIP FIXT,SUPP 001-8080-576.31-20 9.71 PLUMBING EQUIP FIXT,SUPP 001-8080-576.31-20 4.57 BACKFLOW APPARATUS&VALVE CO PLUMBING EQUIP FIXT,SUPP 001-8080-576.31-20 488.13 BAILEY SIGNS&GRAPHICS SIGNS, SIGN MATERIAL 001-8080-576.31-01 162.60 BUILDERS HARDWARE&SUPPLY CO HARDWARE,AND ALLIED ITEMS 001-8080-576.31-20 278.52 CAPACITY PROVISIONING INC DATA PROC SERV&SOFTWARE 001-8080-576.42-12 305.92 CENTURYLINK-QWEST 05-05 A/C 3604523712585B 001-8080-576.42-10 2.11 05-05 A/C 3604523877817B 001-8080-576.42-10 1.21 05-05 A/C 3604525109623B 001-8080-576.42-10 1.21 05-05 A/C 3604529882811 B 001-8080-576.42-10 1.21 05-05 A/C 3604529887652B 001-8080-576.42-10 1.25 05-05 A/C 3604525834211 B 001-8080-576.42-10 1.38 04-14 A/C 3604570411199B 001-8080-576.42-10 55.84 05-02 A/C 3604175328784B 001-8080-576.42-10 42.19 FASTENAL INDUSTRIAL HARDWARE,AND ALLIED ITEMS 001-8080-576.31-20 59.55 Page 10 E - 16 Date:5/27/2014 City of Port Angeles City Council Expenditure Report r4'rJ * r From: 511012014 To: 512312014 Vendor Description Account Number Invoice Amount FASTENAL INDUSTRIAL HARDWARE,AND ALLIED ITEMS 001-8080-576.31-20 6.43 FERGUSON ENTERPRISES INC PLUMBING EQUIP FIXT,SUPP 001-8080-576.31-20 86.64 HARTNAGEL BUILDING SUPPLY INC LUMBER& RELATED PRODUCTS 001-8080-576.31-20 65.09 HEARTLINE SEED,SOD,SOIL&INOCULANT 001-8080-576.31-40 180.49 30107 001-8080-576.31-40 80.22 NORTHERN TOOL/BLUETARP EQUIPMENT MAINTENANCE,REC 001-8080-576.31-01 621.14 PORT ANGELES POWER EQUIPMENT LAWN MAINTENANCE EQUIP 001-8080-576.31-01 6.49 SEARS COMMERCIAL ONE HAND TOOLS ,POW&NON POWER 001-8080-576.35-01 108.39 SUNSET DO-IT BEST HARDWARE AUTO&TRUCK MAINT. ITEMS 001-8080-576.31-01 23.40 LAWN MAINTENANCE EQUIP 001-8080-576.31-01 21.91 LAWN MAINTENANCE EQUIP 001-8080-576.31-01 5.27 HARDWARE,AND ALLIED ITEMS 001-8080-576.31-20 16.56 HARDWARE,AND ALLIED ITEMS 001-8080-576.31-20 23.40 HARDWARE,AND ALLIED ITEMS 001-8080-576.31-20 52.66 PIPE FITTINGS 001-8080-576.31-20 26.14 SWAIN'S GENERAL STORE INC SHOES AND BOOTS 001-8080-576.31-01 116.96 CLOTHING &APPAREL 001-8080-576.31-01 173.02 CLOTHING &APPAREL 001-8080-576.31-01 64.90 HARDWARE,AND ALLIED ITEMS 001-8080-576.31-01 209.27 HAND TOOLS ,POW&NON POWER 001-8080-576.31-01 49.66 JANITORIAL SUPPLIES 001-8080-576.31-01 32.42 HARDWARE,AND ALLIED ITEMS 001-8080-576.31-20 41.50 HARDWARE,AND ALLIED ITEMS 001-8080-576.31-40 36.59 THURMAN SUPPLY PLUMBING EQUIP FIXT,SUPP 001-8080-576.31-20 25.24 US BANK CORPORATE PAYMENT SYSTEIPickleball Nets 001-8080-576.31-20 726.47 Parks Dept Park Facilities Division Total: $4,907.51 Parks Dept Department Total: $10,520.50 AMSAN FLOOR COVERING, INSTALLED 001-8112-555.31-20 299.15 ANGELES PLUMBING INC PLUMBING EQUIP FIXT,SUPP 001-8112-555.31-20 173.44 DEPT OF LABOR&INDUSTRIES BUILDING MAINT&REPAIR SER 001-8112-555.31-01 129.00 Facilities Maintenance Senior Center Facilities Division Total: $601.59 AMSAN SIGNS, SIGN MATERIAL 001-8131-518.31-01 18.86 ANGELES MACHINE WORKS INC HARDWARE,AND ALLIED ITEMS 001-8131-518.31-20 61.33 ANGELES MILLWORK&LUMBER CO HARDWARE,AND ALLIED ITEMS 001-8131-518.31-20 15.21 LUMBER& RELATED PRODUCTS 001-8131-518.31-20 45.64 CED/CONSOLIDATED ELEC DIST INC ELECTRICAL EQUIP&SUPPLY 001-8131-518.31-20 117.61 CENTURYLINK-QWEST 05-05 A/C 3604523712585B 001-8131-518.42-10 0.42 05-05 A/C 3604523877817B 001-8131-518.42-10 0.24 05-05 A/C 3604525109623B 001-8131-518.42-10 0.24 05-05 A/C 3604529882811 B 001-8131-518.42-10 0.24 05-05 A/C 3604529887652B 001-8131-518.42-10 0.25 05-05 A/C 3604525834211 B 001-8131-518.42-10 0.28 Page 11 E - 17 Date:5/27/2014 City of Port Angeles City Council Expenditure Report r4'rJ * r From: 511012014 To: 512312014 Vendor Description Account Number Invoice Amount CENTURYLINK-QWEST 04-14 A/C 3604570411199B 001-8131-518.42-10 11.16 05-02 A/C 3604170786905B 001-8131-518.42-10 33.24 05-05 A/C 3604523954268B 001-8131-518.42-10 86.89 DAVE'S HEATING&COOLING SVC AIR CONDITIONING & HEATNG 001-8131-518.48-10 409.21 DEPT OF LABOR&INDUSTRIES BUILDING MAINT&REPAIR SER 001-8131-518.31-01 129.00 BUILDING MAINT&REPAIR SER 001-8131-518.31-01 129.00 HARTNAGEL BUILDING SUPPLY INC PAINTS,COATI N GS,WALLPAPER 001-8131-518.31-20 33.56 HARDWARE,AND ALLIED ITEMS 001-8131-518.31-20 33.78 HARDWARE,AND ALLIED ITEMS 001-8131-518.31-20 154.47 JIM'S REFRIGERATION SERVICE REFRIGERATION EQUIPMENT 001-8131-518.31-20 3,523.96 Cindy Kochanek PRIVACY CURTAIN ROD ALL E 001-8131-518.31-01 22.76 EXTENTION CORDS ALL EVENT 001-8131-518.31-01 18.90 EXTENTION CORDS ALL EVENT 001-8131-518.31-01 21.61 SWAIN'S GENERAL STORE INC HARDWARE,AND ALLIED ITEMS 001-8131-518.31-01 20.62 HARDWARE,AND ALLIED ITEMS 001-8131-518.31-01 16.12 Facilities Maintenance Central Svcs Facilities Division Total: $4,904.60 Facilities Maintenance Department Total: $5,506.19 BILL'S PLUMBING&HEATING INC RENTAL/LEASE EQUIPMENT 001-8221-574.41-50 180.00 CANON USA, INC OFFICE MACHINES&ACCESS 001-8221-574.45-31 145.56 OFFICE MACHINES&ACCESS 001-8221-574.45-31 -145.56 CAPTAIN T'S CLOTHING &APPAREL 001-8221-574.31-01 121.41 CENTURYLINK-QWEST 05-05 A/C 3604523712585B 001-8221-574.42-10 0.42 05-05 A/C 3604523877817B 001-8221-574.42-10 0.24 05-05 A/C 3604525109623B 001-8221-574.42-10 0.24 05-05 A/C 3604529882811 B 001-8221-574.42-10 0.24 05-05 A/C 3604529887652B 001-8221-574.42-10 0.25 05-05 A/C 3604525834211 B 001-8221-574.42-10 0.28 04-14 A/C 3604570411199B 001-8221-574.42-10 11.17 DRAKE'S PIZZA&SUBS FOODS: PERISHABLE 001-8221-574.31-01 200.11 SADDLER, CHARLES M MISC PROFESSIONAL SERVICE 001-8221-574.41-50 325.00 MISC PROFESSIONAL SERVICE 001-8221-574.41-50 325.00 WA AMATEUR SOFTBALL ASSN MEMBERSHIPS 001-8221-574.49-01 25.00 Recreation Activities Sports Programs Division Total: $1,189.36 ADVANCED TRAVEL Convention-R Anderson 001-8224-574.43-10 753.08 CANON USA, INC OFFICE MACHINES&ACCESS 001-8224-574.45-31 62.31 OFFICE MACHINES&ACCESS 001-8224-574.45-31 -62.31 CENTURYLINK-QWEST 05-05 A/C 3604523712585B 001-8224-574.42-10 0.21 05-05 A/C 3604523877817B 001-8224-574.42-10 0.12 05-05 A/C 3604525109623B 001-8224-574.42-10 0.12 05-05 A/C 3604529882811 B 001-8224-574.42-10 0.12 05-05 A/C 3604529887652B 001-8224-574.42-10 0.13 05-05 A/C 3604525834211 B 001-8224-574.42-10 0.14 Page 12 E - 18 Date:5/27/2014 City of Port Angeles City Council Expenditure Report r4'rJ * r From: 511012014 To: 512312014 Vendor Description Account Number Invoice Amount CENTURYLINK-QWEST 04-14 A/C 3604570411199B 001-8224-574.42-10 5.58 WSCCA CHEERLEADING CAMP DALASA 001-8224-574.43-10 145.00 CHEERLEADING CAMP WENDY N 001-8224-574.43-10 145.00 CHEERLEADING CAMP KATE NO 001-8224-574.43-10 145.00 Cindy Kochanek CONCERT FOOD PER CONTRACT 001-8224-574.31-01 124.88 US BANK CORPORATE PAYMENT SYSTEITowels 001-8224-574.31-01 39.27 Concert Poster 001-8224-574.31-01 58.45 Ice Holder 001-8224-574.31-01 23.79 Rock Show Posters 001-8224-574.31-01 42.20 Concert Poster 001-8224-574.31-01 108.31 Canvas Bags/Bracelets 001-8224-574.31-01 81.84 Portable PA System 001-8224-574.31-01 121.68 White Boards 001-8224-574.31-01 183.05 Coat Hook File Holder 001-8224-574.31-01 43.44 Garment Rack 001-8224-574.31-01 60.62 Stairs 001-8224-574.31-01 139.11 File Cabinet 001-8224-574.31-01 60.19 WM SHORE POOL DISTRICT EDUCATIONAL SERVICES 001-8224-574.31-01 42.50 EDUCATIONAL SERVICES 001-8224-574.31-01 28.75 Recreation Activities Youth/Family Programs Division Total: $2,352.58 Recreation Activities Department Total: $3,541.94 General Fund Fund Total: $373,121.76 CAPACITY PROVISIONING INC DATA PROC SERV&SOFTWARE 102-7230-542.42-12 117.18 CENTURYLINK-QWEST 05-05 A/C 3604523712585B 102-7230-542.42-10 1.05 05-05 A/C 3604523877817B 102-7230-542.42-10 0.61 05-05 A/C 3604525109623B 102-7230-542.42-10 0.61 05-05 A/C 3604529882811 B 102-7230-542.42-10 0.60 05-05 A/C 3604529887652B 102-7230-542.42-10 0.62 05-05 A/C 3604525834211 B 102-7230-542.42-10 0.69 04-14 A/C 3604570411199B 102-7230-542.42-10 27.92 TRAFFIC SAFETY SUPPLY CO PLASTICS 102-7230-542.31-25 11,145.02 US BANK CORPORATE PAYMENT SYSTEIBridge Toll 102-7230-542.43-10 6.25 Public Works-Street Street Division Total: $11,300.55 Public Works-Street Department Total: $11,300.55 Street Fund Fund Total: $11,300.55 CENTURYLINK-QWEST 05-05 A/C 3604523712585B 103-1511-558.42-10 0.11 05-05 A/C 3604523877817B 103-1511-558.42-10 0.06 05-05 A/C 3604525109623B 103-1511-558.42-10 0.06 05-05 A/C 3604529882811 B 103-1511-558.42-10 0.06 05-05 A/C 3604529887652B 103-1511-558.42-10 0.06 05-05 A/C 3604525834211 B 103-1511-558.42-10 0.07 04-14 A/C 3604570411199B 103-1511-558.42-10 2.79 Page 13 E - 19 Date:5/27/2014 City of Port Angeles City Council Expenditure Report From: 511012014 To: 512312014 Vendor Description Account Number Invoice Amount Economic Development Economic Development Division Total: $3.21 Economic Development Department Total: $3.21 Economic Development Fund Total: $3.21 ADVANCED TRAVEL WAPRO Conf-O'Connor 107-5160-528.43-10 231.39 CJTC Course-Homan 107-5160-528.43-11 644.83 Public Disc Trng-Homan 107-5160-528.43-11 139.10 Pub Ed Mtg-Homan 107-5160-528.43-11 579.73 AC Mtg-Romberg 107-5160-528.43-11 314.30 CANON USA, INC OFFICE MACHINES&ACCESS 107-5160-528.45-31 217.32 OFFICE MACHINES&ACCESS 107-5160-528.45-31 -217.32 CENTURYLINK-QWEST 05-05 A/C 3604523712585B 107-5160-528.42-10 5.69 05-05 A/C 3604523877817B 107-5160-528.42-10 3.27 05-05 A/C 3604525109623B 107-5160-528.42-10 3.27 05-05 A/C 3604529882811 B 107-5160-528.42-10 3.26 05-05 A/C 3604529887652B 107-5160-528.42-10 3.37 05-05 A/C 3604525834211 B 107-5160-528.42-10 3.72 04-14 A/C 3604570411199B 107-5160-528.42-10 150.76 05-02 A/C 360ZO20380301 B 107-5160-528.42-11 1,084.84 Gary Brooks ROUNDTRIP AIRFARE-G BRO 107-5160-528.43-11 432.50 US BANK CORPORATE PAYMENT SYSTEI Books 107-5160-528.31-01 79.52 Ferry Tickets-Romberg 107-5160-528.43-10 3.75 Training Reg. -O'Connor 107-5160-528.43-10 140.00 Conf. Reg. -Romberg 107-5160-528.43-11 370.00 Pencom Pencom Division Total: $4,193.30 Pencom Department Total: $4,193.30 Pencom Fund Fund Total: $4,193.30 ANGELES MILLWORK&LUMBER CO LUMBER& RELATED PRODUCTS 156-8630-575.31-20 43.71 CANON USA, INC OFFICE MACHINES&ACCESS 156-8630-575.45-31 14.97 OFFICE MACHINES&ACCESS 156-8630-575.45-31 -14.97 CAPACITY PROVISIONING INC DATA PROC SERV&SOFTWARE 156-8630-575.42-12 202.03 CENTURYLINK-QWEST 05-05 A/C 3604523712585B 156-8630-575.42-10 0.63 05-05 A/C 3604523877817B 156-8630-575.42-10 0.36 05-05 A/C 3604525109623B 156-8630-575.42-10 0.36 05-05 A/C 3604529882811 B 156-8630-575.42-10 0.36 05-05 A/C 3604529887652B 156-8630-575.42-10 0.38 05-05 A/C 3604525834211 B 156-8630-575.42-10 0.41 04-14 A/C 3604570411199B 156-8630-575.42-10 16.75 HARTNAGEL BUILDING SUPPLY INC PAINTS,COATI N GS,WALLPAPER 156-8630-575.31-20 67.91 OLYMPIC MAILING SERVICES COMMUNICATIONS/MEDIA SERV 156-8630-575.49-60 49.40 POSTMASTER COMMUNICATIONS/MEDIA SERV 156-8630-575.49-60 43.38 SUNSET DO-IT BEST HARDWARE HARDWARE,AND ALLIED ITEMS 156-8630-575.31-20 157.24 THURMAN SUPPLY PIPE FITTINGS 156-8630-575.31-20 42.77 Page 14 E -20 Date:5/27/2014 City of Port Angeles City Council Expenditure Report r4'rJ * r From: 511012014 To: 512312014 Vendor Description Account Number Invoice Amount WHITE, KAREN L. EDUCATIONAL SERVICES 156-8630-575.41-50 1,552.50 Esther Webster/Fine Arts Esther Webster/Fine Arts Division Total: $2,178.19 Esther Webster/Fine Arts Department Total: $2,178.19 Fine Arts Center Fund Total: $2,178.19 HERRERA ENVIRONMENTAL CONSULTAPENVIRONMENTAL&ECOLOGICAL 310-7930-595.65-10 1,415.24 SCARSELLA BROS, INC PW CONSTRUCTION & RELATED 310-7930-595.65-10 385,029.21 Capital Projects-Pub Wks GF-Street Projects Division Total: $386,444.45 C&J EXCAVATING INC ROADSIDE,GRNDS,REC, PARK 310-7961-595.65-10 33,293.56 SOUND PUBLISHING INC COMMUNICATIONS/MEDIA SERV 310-7961-595.65-10 218.04 STUDIO CASCADE, INC MANAGEMENT SERVICES 310-7961-595.65-10 8,000.00 Capital Projects-Pub Wks ST-Sidewalk Improvement Division Total: $41,511.60 Capital Projects-Pub Wks Department Total: $427,956.05 Capital Improvement Fund Total: $427,956.05 HD SUPPLY POWER SOLUTIONS, LTD FASTENERS, FASTENING DEVS 401-0000-141.41-00 1,219.50 ELECTRICAL EQUIP&SUPPLY 401-0000-141.41-00 1,582.64 ALMADEN, MATTHEW C FINAL BILL REFUND 401-0000-122.10-99 44.38 BAKER,JENNIFER M OVERPAYMENT-812 E 7TH ST 401-0000-122.10-99 83.76 BENTLEY,WAYNE A FINAL BILL REFUND 401-0000-122.10-99 390.69 BILADEAU, LEE D FINAL BILL REFUND 401-0000-122.10-99 62.06 CAPOS, ESTATE OF ANGELO J FINAL BILL REFUND 401-0000-122.10-99 38.88 CARRINGTON, PATREAJ FINAL BILL REFUND 401-0000-122.10-99 79.08 CLOKE,SUZANNE FINAL BILL REFUND 401-0000-122.10-99 59.93 CROUSE, LARRY L FINAL BILL REFUND 401-0000-122.10-99 108.68 ENSOR,ZACHARY K FINAL BILL REFUND 401-0000-122.10-99 102.52 EYESTONE, PAUL H OVERPAYMENT-214 W 2ND ST 401-0000-122.10-99 15.56 HAIGHT, DAVID FINAL BILL REFUND 401-0000-122.10-99 84.18 HARRELSON,JEREMIAH D FINAL BILL REFUND 401-0000-122.10-99 8.96 LESLIE,JOHN FINAL BILL REFUND 401-0000-122.10-99 30.55 LYON, DANIELLAJ FINAL BILL REFUND 401-0000-122.10-99 74.84 MOORE,JOANNE F FINAL BILL REFUND 401-0000-122.10-99 58.62 MOTAN, PATRICK OVERPAYMENT-1502 C ST#7 401-0000-122.10-99 42.38 PETTIT,CHRISTINE M FINAL BILL REFUND 401-0000-122.10-99 7.00 PISECCO,TRAVIS M FINAL BILL REFUND 401-0000-122.10-99 72.48 PRIEST, KATHERINE FINAL BILL REFUND 401-0000-122.10-99 95.76 RUNYAN, NATHANIEL W FINAL BILL REFUND 401-0000-122.10-99 171.17 SMITH,TRISTAN I FINAL BILL REFUND 401-0000-122.10-99 11.54 SOULE, MARTHA FINAL BILL REFUND 401-0000-122.10-99 187.05 STOVALL,ANTHONY FINAL BILL REFUND 401-0000-122.10-99 62.72 TEUFERT, SHAWN A FINAL BILL REFUND 401-0000-122.10-99 97.78 TREIDER, CALEB J FINAL BILL REFUND 401-0000-122.10-99 83.45 VAN DYKE, DENNIS R FINAL BILL REFUND 401-0000-122.10-99 100.70 VAZQUEZ, MARTHA FINAL BILL REFUND 401-0000-122.10-99 38.99 Page 15 E -21 Date:5/27/2014 City of Port Angeles City Council Expenditure Report r4'rJ * r From: 511012014 To: 512312014 Vendor Description Account Number Invoice Amount WILLIAMS,JESSE C FINAL BILL REFUND 401-0000-122.10-99 57.19 WOLVERTON,THOMAS FINAL BILL REFUND 401-0000-122.10-99 54.31 NORTH COAST ELECTRIC COMPANY ELECTRICAL CABLES&WIRES 401-0000-141.41-00 4,648.82 US BANK CORPORATE PAYMENT SYSTEIToner Drum-copier 401-0000-237.00-00 -5.88 Division Total: $9,770.29 Department Total: $9,770.29 CAPACITY PROVISIONING INC DATA PROC SERV&SOFTWARE 401-7111-533.42-12 100.44 CENTURYLINK-QWEST 05-05 A/C 3604523712585B 401-7111-533.42-10 0.63 05-05 A/C 3604523877817B 401-7111-533.42-10 0.36 05-05 A/C 3604525109623B 401-7111-533.42-10 0.36 05-05 A/C 3604529882811 B 401-7111-533.42-10 0.36 05-05 A/C 3604529887652B 401-7111-533.42-10 0.37 05-05 A/C 3604525834211 B 401-7111-533.42-10 0.41 04-14 A/C 3604570411199B 401-7111-533.42-10 16.75 Public Works-Electric Engineering-Electric Division Total: $119.68 CAPACITY PROVISIONING INC DATA PROC SERV&SOFTWARE 401-7120-533.42-12 100.44 CENTURYLINK-QWEST 05-05 A/C 3604523712585B 401-7120-533.42-10 0.63 05-05 A/C 3604523877817B 401-7120-533.42-10 0.36 05-05 A/C 3604525109623B 401-7120-533.42-10 0.36 05-05 A/C 3604529882811 B 401-7120-533.42-10 0.36 05-05 A/C 3604529887652B 401-7120-533.42-10 0.37 05-05 A/C 3604525834211 B 401-7120-533.42-10 0.41 04-14 A/C 3604570411199B 401-7120-533.42-10 16.75 US BANK CORPORATE PAYMENT SYSTEIConf. Reg. -Currie 401-7120-533.43-10 195.00 Public Works-Electric Power Systems Division Total: $314.68 ADVANCED TRAVEL Lineman Trng-Robinson 401-7180-533.43-10 707.79 ALTERNATIVE TECHNOLOGIES, INC ENGINEERING SERVICES 401-7180-533.48-10 95.00 CAPACITY PROVISIONING INC DATA PROC SERV&SOFTWARE 401-7180-533.42-12 2,826.96 CED/CONSOLIDATED ELEC DIST INC ELECTRICAL EQUIP&SUPPLY 401-7180-533.34-02 25.16 CENTURYLINK-QWEST 05-05 A/C 3604523712585B 401-7180-533.42-10 5.05 05-05 A/C 3604523877817B 401-7180-533.42-10 2.91 05-05 A/C 3604525109623B 401-7180-533.42-10 2.91 05-05 A/C 3604529882811 B 401-7180-533.42-10 2.90 05-05 A/C 3604529887652B 401-7180-533.42-10 3.00 05-05 A/C 3604525834211 B 401-7180-533.42-10 3.31 04-14 A/C 3604570411199B 401-7180-533.42-10 134.01 05-02 a/c 206ZO20411942B 401-7180-533.42-10 96.69 05-05 a/c 3604529541353B 401-7180-533.42-10 42.19 05-02 a/c 3604178095336B 401-7180-533.42-10 45.45 CERTIFIED HEARING INC HUMAN SERVICES 401-7180-533.49-90 25.00 COLUMBIA RURAL ELECTRIC ASSN, INC EDUCATIONAL SERVICES 401-7180-533.41-50 2,841.00 GRAYBAR ELECTRIC CO INC ELECTRICAL CABLES&WIRES 401-7180-533.34-02 841.03 Page 16 E -22 Date:5/27/2014 City of Port Angeles City Council Expenditure Report r4'rJ * r From: 511012014 To: 512312014 Vendor Description Account Number Invoice Amount GRAYBAR ELECTRIC CO INC ELECTRICAL CABLES&WIRES 401-7180-533.34-02 841.32 BRENT ROBINSON MEAL REIMBURSEMENTS 401-7180-533.31-01 30.50 Brent Robinson MEAL REIMBURSEMENTS 401-7180-533.31-01 30.50 GEORGE DRAKE MEAL REIMBURSEMENTS 401-7180-533.31-01 15.25 MEAL REIMBURSEMENTS 401-7180-533.31-01 15.25 George Drake MEAL REIMBURSEMENTS 401-7180-533.31-01 30.50 JEREMY BADERTSCHER MEAL REIMBURSEMENTS 401-7180-533.31-01 30.50 JIM SHAY MEAL REIMBURSEMENT 401-7180-533.31-01 30.50 Jeremy Badertscher MEAL REIMBURSEMENT 401-7180-533.31-01 30.50 Jim Shay MEAL REIMBURSEMENT 401-7180-533.31-01 30.50 MIKE SMITH MEAL REIMBURSEMENT 401-7180-533.31-01 30.50 Mike Smith MEAL REIMBURSEMENT 401-7180-533.31-01 30.50 VERN DAUGAARD MEAL REIMBURSMENT 401-7180-533.31-01 30.50 Vern Daugaard MEAL REIMBURSEMENT 401-7180-533.31-01 30.50 OLYMPIC LAUNDRY&DRY CLEANERS LAUNDRY/DRY CLEANING SERV 401-7180-533.41-50 82.79 LAUNDRY/DRY CLEANING SERV 401-7180-533.41-50 82.79 PLATT ELECTRIC SUPPLY INC ELECTRICAL EQUIP&SUPPLY 401-7180-533.34-02 255.17 PUD#1 OF CLALLAM COUNTY ELECTRICAL EQUIP&SUPPLY 401-7180-533.34-02 3,150.09 LUMBER& RELATED PRODUCTS 401-7180-533.34-02 944.11 MISC PROFESSIONAL SERVICE 401-7180-533.41-50 321.82 PUGET SAFETY EQUIPMENT INC OPTICAL EQUIP ACESS&SUPP 401-7180-533.31-01 141.85 QUILL CORPORATION OFFICE SUPPLIES, GENERAL 401-7180-533.31-01 182.53 ROHLINGER ENTERPRISES INC TESTING&CALIBRATION SERVI 401-7180-533.48-10 21.68 TESTING&CALIBRATION SERVI 401-7180-533.48-10 216.80 SUNSET DO-IT BEST HARDWARE ELECTRICAL EQUIP&SUPPLY 401-7180-533.34-02 6.87 FASTENERS, FASTENING DEVS 401-7180-533.34-02 5.21 UNITED PARCEL SERVICE Shipping Chgs 401-7180-533.42-10 15.34 US BANK CORPORATE PAYMENT SYSTEIToner Drum-copier 401-7180-533.31-01 75.87 Mailing Costs 401-7180-533.42-10 14.64 VERIZON WIRELESS 04-28 a/c 271138138-00003 401-7180-533.42-10 63.30 04-22 a/c 571136182-00002 401-7180-533.42-10 289.87 WESTERN SYSTEMS, INC ELECTRICAL EQUIP&SUPPLY 401-7180-533.34-02 317.63 ZEE MEDICAL SERVICE CO FIRST AID&SAFETY EQUIP. 401-7180-533.31-01 65.09 Public Works-Electric Electric Operations Division Total: $15,161.13 Public Works-Electric Department Total: $15,595.49 Electric Utility Fund Fund Total: $25,365.78 FERGUSON ENTERPRISES INC PIPE FITTINGS 402-0000-141.40-00 564.42 PLUMBING EQUIP FIXT,SUPP 402-0000-141.40-00 624.67 Division Total: $1,189.09 Department Total: $1,189.09 CAPACITY PROVISIONING INC DATA PROC SERV&SOFTWARE 402-7380-534.42-12 1,261.69 CENTURYLINK-QWEST 05-05 A/C 3604523712585B 402-7380-534.42-10 1.90 Page 17 E -23 Date:5/27/2014 City of Port Angeles City Council Expenditure Report r4'rJ * r From: 511012014 To: 512312014 Vendor Description Account Number Invoice Amount CENTURYLINK-QWEST 05-05 A/C 3604523877817B 402-7380-534.42-10 1.09 05-05 A/C 3604525109623B 402-7380-534.42-10 1.09 05-05 A/C 3604529882811 B 402-7380-534.42-10 1.09 05-05 A/C 3604529887652B 402-7380-534.42-10 1.12 05-05 A/C 3604525834211 B 402-7380-534.42-10 1.24 04-14 A/C 3604570411199B 402-7380-534.42-10 50.25 DRY CREEK WATER ASSN, INC MISC PROFESSIONAL SERVICE 402-7380-534.33-10 602.24 MISC PROFESSIONAL SERVICE 402-7380-534.33-10 331.42 US BANK CORPORATE PAYMENT SYSTEIMower Belt 402-7380-534.31-20 32.74 Public Works-Water Water Division Total: $2,285.87 Public Works-Water Department Total: $2,285.87 Water Fund Fund Total: $3,474.96 ADS, LLC CONSULTING SERVICES 403-7480-535.41-50 4,829.30 ADVANCED TRAVEL NBMA Tour-Young 403-7480-535.43-10 62.60 CAPACITY PROVISIONING INC DATA PROC SERV&SOFTWARE 403-7480-535.42-12 1,459.48 CENTURYLINK-QWEST 05-05 A/C 3604523712585B 403-7480-535.42-10 1.69 05-05 A/C 3604523877817B 403-7480-535.42-10 0.97 05-05 A/C 3604525109623B 403-7480-535.42-10 0.97 05-05 A/C 3604529882811 B 403-7480-535.42-10 0.97 05-05 A/C 3604529887652B 403-7480-535.42-10 1.00 05-05 A/C 3604525834211 B 403-7480-535.42-10 1.10 04-14 A/C 3604570411199B 403-7480-535.42-10 44.67 05-02 a/c 3604170591196B 403-7480-535.42-10 42.19 05-02 a/c 3604170190080B 403-7480-535.42-10 42.19 05-08 a/c 3605650365696B 403-7480-535.42-10 42.19 05-05 a/c 3604529911834B 403-7480-535.42-10 86.89 CONTRACT HARDWARE INC HARDWARE,AND ALLIED ITEMS 403-7480-535.31-01 1,291.33 FERRELLGAS INC FUEL,OIL,GREASE, & LUBES 403-7480-535.41-50 202.70 FRESH WOK CONSULTING SERVICES 403-7480-535.43-10 129.92 GRAINGER SUPPLIES 403-7480-535.35-01 180.39 GRANICH ENGINEERED PRODUCTS INC PUMPS&ACCESSORIES 403-7480-535.31-20 416.26 INTRACOMMUNICATIONS NETWORK SYSRADIO&TELECOMMUNICATION 403-7480-535.48-10 16,682.76 OLYMPIC STATIONERS INC SUPPLIES 403-7480-535.31-01 22.86 OWEN EQUIPMENT PLUMBING EQUIP FIXT,SUPP 403-7480-535.35-01 3,985.60 SHIPPING AND HANDLING 403-7480-535.42-10 32.52 PUD#1 OF CLALLAM COUNTY Masters Rd 403-7480-535.47-10 450.28 SUNSET DO-IT BEST HARDWARE PIPE FITTINGS 403-7480-535.31-20 54.55 PIPE FITTINGS 403-7480-535.31-20 27.87 PIPE FITTINGS 403-7480-535.31-20 25.51 PIPE FITTINGS 403-7480-535.35-01 19.50 SWAIN'S GENERAL STORE INC SUPPLIES 403-7480-535.31-01 22.67 TELEDYNE ISCO, INC Scissors Ring Kit 403-7480-535.31-20 587.35 Page 18 E -24 Date:5/27/2014 City of Port Angeles City Council Expenditure Report r4'rJ * r From: 511012014 To: 512312014 Vendor Description Account Number Invoice Amount THURMAN SUPPLY PIPE FITTINGS 403-7480-535.31-20 59.03 PIPE FITTINGS 403-7480-535.31-20 14.60 HARDWARE,AND ALLIED ITEMS 403-7480-535.31-20 15.19 HARDWARE,AND ALLIED ITEMS 403-7480-535.31-20 34.47 PIPE FITTINGS 403-7480-535.31-20 209.58 HARDWARE,AND ALLIED ITEMS 403-7480-535.31-20 56.14 PIPE FITTINGS 403-7480-535.31-20 69.14 PIPE FITTINGS 403-7480-535.31-20 63.76 HARDWARE,AND ALLIED ITEMS 403-7480-535.31-20 47.62 US BANK CORPORATE PAYMENT SYSTEICourse Fee(2) 403-7480-535.43-10 350.00 VALIN COPORATION PUMPS&ACCESSORIES 403-7480-535.31-20 1,837.64 SHIPPING AND HANDLING 403-7480-535.42-10 7.64 VERIZON WIRELESS 04-28 a/c 271138138-00006 403-7480-535.42-10 43.25 Public Works-WW/Storm% Wastewater Division Total: $33,556.34 Public Works-WW/Stormwtr Department Total: $33,556.34 Wastewater Fund Fund Total: $33,556.34 ACME SEPTIC PUMPING RENTAL/LEASE EQUIPMENT 404-7538-537.48-10 220.00 ADVANCED TRAVEL WSRA Conf-Freilich 404-7538-537.43-10 459.02 ANGELES CONCRETE PRODUCTS ROAD/HWY MAT NONASPHALTIC 404-7538-537.49-90 1,181.56 ROAD/HWY MAT NONASPHALTIC 404-7538-537.49-90 986.44 ROAD/HWY MAT NONASPHALTIC 404-7538-537.49-90 390.24 CENTURYLINK-QWEST 05-05 A/C 3604523712585B 404-7538-537.42-10 0.84 05-05 A/C 3604523877817B 404-7538-537.42-10 0.49 05-05 A/C 3604525109623B 404-7538-537.42-10 0.49 05-05 A/C 3604529882811 B 404-7538-537.42-10 0.48 05-05 A/C 3604529887652B 404-7538-537.42-10 0.50 05-05 A/C 3604525834211 B 404-7538-537.42-10 0.55 04-14 A/C 3604570411199B 404-7538-537.42-10 22.33 05-05 a/c 3604528100532B 404-7538-537.42-10 42.19 05-05 a/c 3604524587479B 404-7538-537.42-10 100.81 CLALLAM CNTY SOLID WASTE DEPT BLDG CONSTRUC. SERVICES- 404-7538-537.41-51 1,050.00 BLDG CONSTRUC. SERVICES- 404-7538-537.49-90 2,342.58 EDGE ANALYTICAL TESTING&CALIBRATION SERVI 404-7538-537.41-50 400.00 TESTING&CALIBRATION SERVI 404-7538-537.41-50 36.00 TESTING&CALIBRATION SERVI 404-7538-537.41-50 24.00 LEITZ FARMS, INC SUPPLIES 404-7538-537.31-01 10.15 POISONS:AGRICUL& INDUSTR 404-7538-537.31-01 100.79 MIDWEST LABORATORIES INC TESTING&CALIBRATION SERVI 404-7538-537.41-50 215.00 MICHELLE HALE MILEAGE REIMBURSEMENT 404-7538-537.31-01 24.64 SONJACOVENTON MILEAGE REIMBURSEMENT 404-7538-537.31-01 84.22 MILEAGE REIMBURSEMENT 404-7538-537.31-01 9.19 N C MACHINERY CO RENTAL/LEASE EQUIPMENT 404-7538-537.49-90 1,261.51 Page 19 E -25 Date:5/27/2014 City of Port Angeles City Council Expenditure Report From: 511012014 To: 512312014 Vendor Description Account Number Invoice Amount PACIFIC OFFICE EQUIPMENT INC SUPPLIES 404-7538-537.31-01 259.96 SUPPLIES 404-7538-537.31-01 235.77 SOUND PUBLISHING INC COMMUNICATIONS/MEDIA SERV 404-7538-537.44-10 784.00 SPECTRA LABORATORIES, LLC TESTING&CALIBRATION SERVI 404-7538-537.41-50 150.00 SWANA SWANA ANNUAL MEMBERSHIP R 404-7538-537.49-01 75.00 TERRE-SOURCE, LLC CONSULTING SERVICES 404-7538-537.41-51 2,238.21 WAK-IN MAN, INC ENVIRONMENTAL&ECOLOGICAL 404-7538-537.48-10 2,308.92 WASTE CONNECTIONS, INC BLDG CONSTRUC. SERVICES- 404-7538-537.41-51 268,665.09 ENVIRONMENTAL&ECOLOGICAL 404-7538-537.41-51 1,327.17 ENVIRONMENTAL&ECOLOGICAL 404-7538-537.45-30 5,367.27 ENVIRONMENTAL&ECOLOGICAL 404-7538-582.75-10 29,710.04 ENVIRONMENTAL&ECOLOGICAL 404-7538-592.83-10 33,068.69 Public Works-Solid Waste SW- Transfer Station Division Total: $353,154.14 ADVANCED TRAVEL SWANA Conf- McCabe 404-7580-537.43-10 457.10 BAXTER AUTO PARTS#15 SUPPLIES 404-7580-537.31-01 59.00 CAPACITY PROVISIONING INC DATA PROC SERV&SOFTWARE 404-7580-537.42-12 319.21 CENTURYLINK-QWEST 05-05 A/C 3604523712585B 404-7580-537.42-10 0.84 05-05 A/C 3604523877817B 404-7580-537.42-10 0.49 05-05 A/C 3604525109623B 404-7580-537.42-10 0.49 05-05 A/C 3604529882811 B 404-7580-537.42-10 0.49 05-05 A/C 3604529887652B 404-7580-537.42-10 0.50 05-05 A/C 3604525834211 B 404-7580-537.42-10 0.55 04-14 A/C 3604570411199B 404-7580-537.42-10 22.33 SEARS COMMERCIAL ONE APPLIANCES, HOUSEHOLD 404-7580-537.31-01 86.71 SWAIN'S GENERAL STORE INC CLOTHING &APPAREL 404-7580-537.31-01 65.32 SHOES AND BOOTS 404-7580-537.31-01 142.98 SWANA SWANA ANNUAL MEMERSHIP RE 404-7580-537.49-01 125.00 WASTE CONNECTIONS, INC ENVIRONMENTAL&ECOLOGICAL 404-7580-537.41-51 53,656.97 Public Works-Solid Waste Solid Waste-Collections Division Total: $54,937.98 EDGE ANALYTICAL TESTING&CALIBRATION SERVI 404-7585-537.41-50 2,285.21 FCS GROUP CONSULTING SERVICES 404-7585-537.41-50 4,737.50 NEW YORK BLOWER COMPANY,THE SUPPLIES 404-7585-537.31-20 559.43 Public Works-Solid Waste Solid Waste-Landfill Division Total: $7,582.14 Public Works-Solid Waste Department Total: $415,674.26 Solid Waste-Collections Fund Total: $415,674.26 US BANK CORPORATE PAYMENT SYSTEICoffee& Refreshments 405-7538-537.43-10 50.83 Public Works-Solid Waste SW- Transfer Station Division Total: $50.83 Public Works-Solid Waste Department Total: $50.83 Solid Waste-LF/Trf Stn Fund Total: $50.83 CENTURYLINK-QWEST 05-05 A/C 3604523712585B 406-7412-538.42-10 0.42 05-05 A/C 3604523877817B 406-7412-538.42-10 0.24 05-05 A/C 3604525109623B 406-7412-538.42-10 0.24 Page 20 E -26 Date:5/27/2014 City of Port Angeles City Council Expenditure Report r4'rJ * r From: 511012014 To: 512312014 Vendor Description Account Number Invoice Amount CENTURYLINK-QWEST 05-05 A/C 3604529882811 B 406-7412-538.42-10 0.24 05-05 A/C 3604529887652B 406-7412-538.42-10 0.25 05-05 A/C 3604525834211 B 406-7412-538.42-10 0.28 04-14 A/C 3604570411199B 406-7412-538.42-10 11.17 CLALLAM CNTY DEPT OF HEALTH TESTING&CALIBRATION SERVI 406-7412-538.41-50 650.00 US BANK CORPORATE PAYMENT SYSTEI Detergents 406-7412-538.35-01 126.39 Public Works-WW/Storm% Stormwater Division Total: $789.23 Public Works-WW/Stormwtr Department Total: $789.23 Stormwater Fund Fund Total: $789.23 JESSE HOLDEN SYSTEMS DESIGN-AMBULANCE 409-0000-213.10-90 596.80 Division Total: $596.80 Department Total: $596.80 BOUND TREE MEDICAL, LLC SUPPLIES 409-6025-526.31-02 140.07 SUPPLIES 409-6025-526.31-02 667.97 SUPPLIES 409-6025-526.31-13 251.68 CENTURYLINK-QWEST 05-05 A/C 3604523712585B 409-6025-526.42-10 2.53 05-05 A/C 3604523877817B 409-6025-526.42-10 1.46 05-05 A/C 3604525109623B 409-6025-526.42-10 1.46 05-05 A/C 3604529882811 B 409-6025-526.42-10 1.45 05-05 A/C 3604529887652B 409-6025-526.42-10 1.50 05-05 A/C 3604525834211 B 409-6025-526.42-10 1.65 04-14 A/C 3604570411199B 409-6025-526.42-10 67.00 OLYMPIC MEDICAL CENTER SUPPLIES 409-6025-526.31-13 386.09 SYSTEMS DESIGN WEST, LLC BILLING 409-6025-526.41-50 2,680.62 Fire Department Medic I Division Total: $4,203.48 Fire Department Department Total: $4,203.48 Medic I Utility Fund Total: $4,800.28 US BANK CORPORATE PAYMENT SYSTEITravel Expenses-Bloor 413-7481-535.43-10 83.33 Public Works-WW/Storm% Wastewater Remediation Division Total: $83.33 Public Works-WW/Stormwtr Department Total: $83.33 Harbor Clean Up Fund Total: $83.33 CENTURYLINK-QWEST 05-05 A/C 3604523712585B 421-7121-533.42-10 0.42 05-05 A/C 3604523877817B 421-7121-533.42-10 0.24 05-05 A/C 3604525109623B 421-7121-533.42-10 0.24 05-05 A/C 3604529882811 B 421-7121-533.42-10 0.24 05-05 A/C 3604529887652B 421-7121-533.42-10 0.25 05-05 A/C 3604525834211 B 421-7121-533.42-10 0.28 04-14 A/C 3604570411199B 421-7121-533.42-10 11.17 Public Works-Electric Conservation Division Total: $12.84 Public Works-Electric Department Total: $12.84 Conservation Fund Total: $12.84 Page 21 E -27 Date:5/27/2014 City of Port Angeles City Council Expenditure Report From: 511012014 To: 512312014 Vendor Description Account Number Invoice Amount CAPACITY PROVISIONING INC DATA PROC SERV&SOFTWARE 431-7130-538.41-50 2,365.26 DATA PROC SERV&SOFTWARE 431-7130-538.42-12 5,282.03 Public Works-Electric Telecommunications Division Total: $7,647.29 Public Works-Electric Department Total: $7,647.29 Telecommunications Fund Fund Total: $7,647.29 TECHNICAL SYSTEMS, INC ENGINEERING SERVICES 453-7488-594.65-10 35,358.73 Public Works-WW/Storm% Wastewater Projects Division Total: $35,358.73 Public Works-WW/Stormwtr Department Total: $35,358.73 WasteWater Utility CIP Fund Total: $35,358.73 HERRERA ENVIRONMENTAL CONSULTAPENVIRONMENTAL&ECOLOGICAL 454-7588-594.65-10 155.73 Public Works-Solid Waste Solid Waste Coll Projects Division Total: $155.73 Public Works-Solid Waste Department Total: $155.73 Solid Waste Utility CIP Fund Total: $155.73 HERRERA ENVIRONMENTAL CONSULTAPENVIRONMENTAL&ECOLOGICAL 456-7688-594.65-10 88.98 SOUND PUBLISHING INC COMMUNICATIONS/MEDIA SERV 456-7688-594.65-10 123.24 US BANK CORPORATE PAYMENT SYSTEIMailing Costs 456-7688-594.65-10 16.70 Public Works-Equip Svcs Stormwater Util CIP Projs Division Total: $228.92 Public Works-Equip Svcs Department Total: $228.92 Stormwtr Util Projects Fund Total: $228.92 BROWN AND CALDWELL CONSULTING SERVICES 463-7489-594.65-10 28,955.41 CONSULTING SERVICES 463-7489-594.65-10 172,728.86 RICHARD PHILLIPS MARINE, INC PW CONSTRUCTION & RELATED 463-7489-594.65-10 28,421.85 PW CONSTRUCTION & RELATED 463-7489-594.65-10 1,736.45 Public Works-WW/Storm% CSO Capital Division Total: $231,842.57 Public Works-WW/Stormwtr Department Total: $231,842.57 CSO Capital Fund Fund Total: $231,842.57 ANGELES MACHINE WORKS INC AUTO BODIES&ACCESSORIES 501-0000-141.40-00 860.08 ASSOCIATED PETROLEUM PRODUCTS, IIFUEL,OIL,GREASE, & LUBES 501-0000-141.20-00 6,773.11 FUEL,OIL,GREASE, & LUBES 501-0000-141.20-00 6,773.99 BAXTER AUTO PARTS#15 HOSES,ALL KINDS 501-0000-141.40-00 23.49 CUMMINS NORTHWEST INC AUTO&TRUCK MAINT. ITEMS 501-0000-141.40-00 183.74 FASTENAL INDUSTRIAL AUTO&TRUCK MAINT. ITEMS 501-0000-141.40-00 41.53 AUTO&TRUCK MAINT. ITEMS 501-0000-141.40-00 9.37 IBS INCORPORATED AUTO&TRUCK MAINT. ITEMS 501-0000-141.40-00 183.50 MASCO PETROLEUM, INC FUEL,OIL,GREASE, & LUBES 501-0000-141.20-00 8,990.40 FUEL,OIL,GREASE, & LUBES 501-0000-141.20-00 8,737.54 FUEL,OIL,GREASE, & LUBES 501-0000-141.20-00 1,126.01 NAPA AUTO PARTS AUTO&TRUCK MAINT. ITEMS 501-0000-141.40-00 129.19 AUTO&TRUCK ACCESSORIES 501-0000-141.40-00 10.59 AUTO&TRUCK ACCESSORIES 501-0000-141.40-00 21.18 AUTO&TRUCK MAINT. ITEMS 501-0000-141.40-00 3.98 Page 22 E -28 Date:5/27/2014 City of Port Angeles City Council Expenditure Report r4'rJ * r From: 511012014 To: 512312014 Vendor Description Account Number Invoice Amount NAPA AUTO PARTS AUTO&TRUCK MAINT. ITEMS 501-0000-141.40-00 14.93 O'REILLYAUTO PARTS AUTO&TRUCK MAINT. ITEMS 501-0000-141.40-00 -11.11 HOSES,ALL KINDS 501-0000-141.40-00 207.04 AUTO&TRUCK MAINT. ITEMS 501-0000-141.40-00 63.37 BELTS AND BELTING 501-0000-141.40-00 22.28 BELTS AND BELTING 501-0000-141.40-00 44.55 PENINSULA LUBRICANTS AUTO&TRUCK MAINT. ITEMS 501-0000-141.40-00 1,359.11 RADIOSHACK AUTO&TRUCK MAINT. ITEMS 501-0000-141.40-00 30.31 SIX ROBBLEES'INC AUTO&TRUCK ACCESSORIES 501-0000-141.40-00 345.30 SOLID WASTE SYSTEMS, INC AUTO&TRUCK MAINT. ITEMS 501-0000-141.40-00 229.35 VALLEY FREIGHTLINER INC AUTO&TRUCK MAINT. ITEMS 501-0000-141.40-00 33.32 AUTO&TRUCK ACCESSORIES 501-0000-141.40-00 468.39 WESTERN FLUID COMPONENTS HOSES,ALL KINDS 501-0000-141.40-00 367.17 Division Total: $37,041.71 Department Total: $37,041.71 ANCHOR MARINE REPAIR HOSPITAL&SURG EQUIP SUPP 501-7630-548.31-01 1,445.89 ARAMARK LAUNDRY/DRY CLEANING SERV 501-7630-548.49-90 116.04 LAUNDRY/DRY CLEANING SERV 501-7630-548.49-90 98.94 BAXTER AUTO PARTS#15 AUTO&TRUCK MAINT. ITEMS 501-7630-548.34-02 4.63 CAPACITY PROVISIONING INC DATA PROC SERV&SOFTWARE 501-7630-548.42-12 33.48 CENTURYLINK-QWEST 05-05 A/C 3604523712585B 501-7630-548.42-10 1.47 05-05 A/C 3604523877817B 501-7630-548.42-10 0.85 05-05 A/C 3604525109623B 501-7630-548.42-10 0.85 05-05 A/C 3604529882811 B 501-7630-548.42-10 0.85 05-05 A/C 3604529887652B 501-7630-548.42-10 0.87 05-05 A/C 3604525834211 B 501-7630-548.42-10 0.96 04-14 A/C 3604570411199B 501-7630-548.42-10 39.09 COPY CAT GRAPHICS AUTO&TRUCK ACCESSORIES 501-7630-594.64-10 888.88 CUMMINS NORTHWEST INC AUTO&TRUCK MAINT. ITEMS 501-7630-548.34-02 79.37 AUTO&TRUCK MAINT. ITEMS 501-7630-548.34-02 54.87 EVERGREEN TOWING EXTERNAL LABOR SERVICES 501-7630-548.34-02 113.28 EXTERNAL LABOR SERVICES 501-7630-548.34-02 108.40 H&R PARTS&EQUIPMENT INC AUTO&TRUCK MAINT. ITEMS 501-7630-548.34-02 152.41 AUTO&TRUCK MAINT. ITEMS 501-7630-548.34-02 -152.41 AUTO&TRUCK MAINT. ITEMS 501-7630-548.34-02 154.27 HEARTLINE AUTO&TRUCK MAINT. ITEMS 501-7630-548.34-02 238.37 HUGHES FIRE EQUIPMENT INC AUTO&TRUCK MAINT. ITEMS 501-7630-548.34-02 962.18 INSIGHT PUBLIC SECTOR AUTO&TRUCK MAINT. ITEMS 501-7630-594.64-10 116.73 LES SCHWAB TIRE CENTER EXTERNAL LABOR SERVICES 501-7630-548.34-02 91.06 LINCOLN INDUSTRIAL CORP METALS,BARS,PLATES,RODS 501-7630-548.34-02 77.61 MASCO PETROLEUM, INC AUTO&TRUCK MAINT. ITEMS 501-7630-548.34-02 196.02 MATCO TOOLS AUTO&TRUCK MAINT. ITEMS 501-7630-548.31-01 31.22 Page 23 E -29 Date:5/27/2014 City of Port Angeles City Council Expenditure Report r4'rJ * r From: 511012014 To: 512312014 Vendor Description Account Number Invoice Amount MATCO TOOLS AUTO&TRUCK MAINT. ITEMS 501-7630-548.35-01 156.22 N C MACHINERY CO AUTO&TRUCK MAINT. ITEMS 501-7630-548.34-02 -551.84 ROAD/HGWY HEAVY EQUIPMENT 501-7630-594.64-10 87,397.50 NAPA AUTO PARTS AUTO&TRUCK MAINT. ITEMS 501-7630-548.34-02 8.81 O'REILLYAUTO PARTS AUTO&TRUCK MAINT. ITEMS 501-7630-548.34-02 16.33 OWEN EQUIPMENT AUTO&TRUCK MAINT. ITEMS 501-7630-548.34-02 377.42 PAPE'MATERIAL HANDLING PUBLICATION/AUDIOVISUAL 501-7630-548.34-02 1,436.07 PORT ANGELES TIRE FACTORY AUTO&TRUCK MAINT. ITEMS 501-7630-548.34-02 9.36 EXTERNAL LABOR SERVICES 501-7630-548.34-02 100.27 EXTERNAL LABOR SERVICES 501-7630-548.34-02 27.10 AUTO&TRUCK MAINT. ITEMS 501-7630-548.34-02 45.75 EXTERNAL LABOR SERVICES 501-7630-548.34-02 92.14 EXTERNAL LABOR SERVICES 501-7630-548.34-02 30.90 AUTO&TRUCK MAINT. ITEMS 501-7630-548.34-02 29.26 EXTERNAL LABOR SERVICES 501-7630-548.34-02 46.07 AUTO&TRUCK MAINT. ITEMS 501-7630-548.34-02 61.82 EXTERNAL LABOR SERVICES 501-7630-548.34-02 100.22 AUTO&TRUCK MAINT. ITEMS 501-7630-548.34-02 120.57 EXTERNAL LABOR SERVICES 501-7630-548.34-02 229.21 EXTERNAL LABOR SERVICES 501-7630-548.34-02 86.50 EXTERNAL LABOR SERVICES 501-7630-548.34-02 86.50 AUTO&TRUCK MAINT. ITEMS 501-7630-548.34-02 16.48 EXTERNAL LABOR SERVICES 501-7630-548.34-02 81.79 PRICE FORD LINCOLN AUTO&TRUCK MAINT. ITEMS 501-7630-548.34-02 202.30 QUALITY 4X4 TRUCK SUPPLY AUTO BODIES&ACCESSORIES 501-7630-548.34-02 1,313.94 AUTO&TRUCK MAINT. ITEMS 501-7630-548.34-02 112.38 EXTERNAL LABOR SERVICES 501-7630-548.34-02 81.30 AUTO&TRUCK MAINT. ITEMS 501-7630-594.64-10 6.44 HARDWARE,AND ALLIED ITEMS 501-7630-594.64-10 4,324.34 RUDDELL AUTO MALL AUTO&TRUCK MAINT. ITEMS 501-7630-548.34-02 14.99 AUTO&TRUCK MAINT. ITEMS 501-7630-548.34-02 14.99 EXTERNAL LABOR SERVICES 501-7630-548.34-02 36.52 AUTO&TRUCK MAINT. ITEMS 501-7630-548.34-02 141.82 EQUIP. MAINT.AUTO,TRUCK 501-7630-594.64-10 26,540.39 RUDY'S AUTOMOTIVE AUTO&TRUCK MAINT. ITEMS 501-7630-548.34-02 11.38 EXTERNAL LABOR SERVICES 501-7630-548.34-02 45.53 AUTO&TRUCK MAINT. ITEMS 501-7630-548.34-02 164.41 EXTERNAL LABOR SERVICES 501-7630-548.34-02 165.21 SOLID WASTE SYSTEMS, INC AUTO&TRUCK MAINT. ITEMS 501-7630-548.34-02 260.33 AUTO&TRUCK MAINT. ITEMS 501-7630-548.34-02 169.46 SUNSET DO-IT BEST HARDWARE AUTO&TRUCK MAINT. ITEMS 501-7630-548.34-02 37.29 AUTO&TRUCK MAINT. ITEMS 501-7630-548.34-02 0.46 Page 24 E - 30 Date:5/27/2014 City of Port Angeles City Council Expenditure Report r4'rJ * r From: 511012014 To: 512312014 Vendor Description Account Number Invoice Amount SUNSET DO-IT BEST HARDWARE AUTO&TRUCK MAINT. ITEMS 501-7630-548.34-02 4.07 SYSTEMS FOR PUBLIC SAFETY, INC AUTO&TRUCK MAINT. ITEMS 501-7630-548.34-02 438.06 EXTERNAL LABOR SERVICES 501-7630-548.34-02 476.96 FUEL,OIL,GREASE, & LUBES 501-7630-548.34-02 85.32 AUTO&TRUCK MAINT. ITEMS 501-7630-548.34-02 39.61 EXTERNAL LABOR SERVICES 501-7630-548.34-02 831.44 UNITED PARCEL SERVICE Shipping Chgs 501-7630-548.42-10 16.57 VALLEY FREIGHTLINER INC AUTO&TRUCK MAINT. ITEMS 501-7630-548.34-02 139.87 WCIA(WA CITIES INS AUTHORITY) INSURANCE,ALL TYPES 501-7630-548.49-90 2,124.00 Public Works-Equip Svcs Equipment Services Division Total: $132,660.01 Public Works-Equip Svcs Department Total: $132,660.01 Equipment Services Fund Total: $169,701.72 CAPACITY PROVISIONING INC DATA PROC SERV&SOFTWARE 502-2081-518.42-12 300.00 CENTURYLINK-QWEST 05-05 A/C 3604523712585B 502-2081-518.42-10 1.90 05-05 A/C 3604523877817B 502-2081-518.42-10 1.09 05-05 A/C 3604525109623B 502-2081-518.42-10 1.09 05-05 A/C 3604529882811 B 502-2081-518.42-10 1.09 05-05 A/C 3604529887652B 502-2081-518.42-10 1.12 05-05 A/C 3604525834211 B 502-2081-518.42-10 1.24 04-14 A/C 3604570411199B 502-2081-518.42-10 50.25 DUNN, RICKY DATA PROC SERV&SOFTWARE 502-2081-518.41-50 4,901.67 IBM CORPORATION COMPUTERS,DP&WORD PROC. 502-2081-518.31-60 1,953.15 FURNITURE, OFFICE 502-2081-518.31-60 2,902.95 Sound Moving and Storage RELOCATION OF DATA SAFE A 502-2081-518.41-50 600.00 NORDISK SYSTEMS, INC DATA PROC SERV&SOFTWARE 502-2081-518.41-50 7,999.92 DATA PROC SERV&SOFTWARE 502-2081-518.41-50 685.63 US BANK CORPORATE PAYMENT SYSTEI Internal Drive 502-2081-518.31-01 106.25 Finance Department Information Technologies Division Total: $19,507.35 PSIC INSTALLATION SVCS-PANEL R 502-2082-594.65-10 243.90 Finance Department IT Capital Projects Division Total: $243.90 Finance Department Department Total: $19,751.25 Information Technology Fund Total: $19,751.25 DEPT OF LABOR&INDUSTRIES 2014 1ST QTR L&I 503-1661-517.49-50 24,477.47 Self Insurance Worker's Compensation Division Total: $24,477.47 Self Insurance Department Total: $24,477.47 Self-Insurance Fund Fund Total: $24,477.47 LINCOLN THEATER PBIA DUES 650-0000-213.10-90 100.00 Division Total: $100.00 Department Total: $100.00 Off Street Parking Fund Fund Total: $100.00 EMPLOYEES ASSOCIATION PAYROLL SUMMARY 920-0000-231.55-30 500.00 Page 25 E - 31 Date:5/27/2014 City of Port Angeles City Council Expenditure Report r4'rJ * r From: 511012014 To: 512312014 Vendor Description Account Number Invoice Amount GUARANTEED EDUCATION TUITION PAYROLL SUMMARY 920-0000-231.56-95 263.50 LEOFF P/R Deductions pe 05-11 920-0000-231.51-21 24,545.20 MONTANA CSED SDU PAYROLL SUMMARY 920-0000-231.56-20 92.30 OFFICE OF SUPPORT ENFORCEMENT P/R Deductions pe 05-11 920-0000-231.56-20 716.24 P/R Deductions pe 05-11 920-0000-231.56-20 169.85 PERS P/R Deductions pe 05-11 920-0000-231.51-10 1,750.21 P/R Deductions pe 05-11 920-0000-231.51-11 12,384.37 P/R Deductions pe 05-11 920-0000-231.51-12 50,880.47 TEAMSTERS LOCAL 589 PAYROLL SUMMARY 920-0000-231.54-10 1,658.00 PAYROLL SUMMARY 920-0000-231.54-10 1,658.00 UNITED WAY(PAYROLL) PAYROLL SUMMARY 920-0000-231.56-10 469.00 WSCFF/EMPLOYEE BENEFIT TRUST PAYROLL SUMMARY 920-0000-231.53-20 1,575.00 Division Total: $96,662.14 Department Total: $96,662.14 Payroll Clearing Fund Total: $96,662.14 Totals for check period From: 5/10/2014 To: 5/23/2014 $1,888,486.73 Page 26 E - 32 PQRIAI�GEL -���Nl +'MSSrrrr�mw W A S H I N G T 0 N, U . S, A. ............A CITY COUNCIL MEMO DATE: June 3, 2014 To: CITY COUNCIL FROM: Craig Fulton, P.E., Director of Public Works and Utilities SUBJECT: Rayonier Diffuser Repair/Modification; Project WW08-2008 (US06-01), Richard Phillips Marine, Inc., Change Order 4 Summary: A March 25, 2014 tax decision by the Washington State Department of Revenue (DOR) has determined that the CSO Project falls under WAC 458-20-170 taxation requirements (full retail) instead of WAC 458-20-171 taxation requirements (transportation infrastructure). The Rayonier Diffuser Repair Modification contract is part of the CSO Project and requires an increase in the tax amount based on the DOR decision. Recommendation: Approve and authorize the City Manager to sign Change Order No. 4 to the construction contract with Richard Phillips Marine, Inc., for CSO Phase 1, Rayonier Diffuser Repair/Modification contract, an increase of $23,976.96 for a revised total contract amount of $504,536.96. Background/Analysis: The Combined Sewer Overflow (CSO)Phase 1, Rayonier Diffuser Repair/Modification project is part of the City's CSO Reduction program approved by Ecology. The project repairs and modifies the existing pipeline diffuser by repairing missing diffuser risers, installing one way valves on the diffuser risers, modifying the access port, and cleaning sediments from the diffuser manifold. The goal of the project is to increase the treatment plant discharge capacity, and to discharge plant output to a location outside Port Angeles Harbor. The Department of Revenue has been evaluating the appropriate tax rule to apply to the CSO program since fall of 2012. The City had previously concluded that the project could qualify for the more preferable tax rate that WAC 458-20-171 afforded since the work was directly associated with stormwater surcharges that have a significant contribution from the City's road network. A March 25, 2014 tax decision by the Washington State Department of Revenue(DOR)has determined that the CSO Project falls under WAC 458-20-170 taxation requirements (full retail) instead of WAC 458-20- 171 taxation requirements for transportation infrastructure. The Rayonier Diffuser Repair/ Modification contract is part of the CSO Project and requires an increase in the tax amount based on the DOR decision. The remaining portion of tax owed the Department of Revenue is calculated to be $23,976.96. Funding for Change Order No. 4 will come from the CSO utility funding. It is recommended Council approve and authorize the City Manager to sign Change Order No. 4 to the construction contract with Richard Phillips Marine, Inc., for CSO Phase 1, Rayonier Diffuser Repair/Modification contract, an increase of$23,976.96 for a revised total contract amount of $504,536.96. N:ACCOUNCIL\F1NAL\Rayonier Diffuser Repair-Modification,Project WW08-2008(US06-01)Change Order 4.docx E -33 THE CITY OF I' WASHINGTON , U . S . A . CITY COUNCIL MEMO Date: June 3, 2014 To: City Council From: Craig Fulton, P.E., Director of Public Works and Utilities Subject: Solid Waste Utility Rate Ordinance Amendments Summary: The FCS Group recently completed the comprehensive rate studies for the Solid Waste Collection and Transfer Station utilities. The studies were presented to the Utility Advisory Committee, including the recommended retail rate adjustments. It will be necessary to adjust retail rates at this time to maintain the funds in a financially prudent position. Further, the rate schedules are a requirement for the revenue bonds that will be used to finance the landfill bluff stabilization project. Recommendation: Continue and close the public hearing, and adopt the proposed rate ordinance amendments for the Solid Waste Collection and Transfer Station utilities. Background/Analysis: The City has contracted with FCS Group to complete comprehensive cost of service studies for all of its utilities. The studies for the Solid Waste Collections and Transfer Station utilities have recently been completed. Council will also be considering first reading of the ordinances for the two bonds that will provide the funding for the Landfill Bluff Stabilization project. Concurrently, the City needs to adopt solid waste utility rates for both Collections and Transfer Station for the years 2015, 2016, 2017, 2018, and 2019. Rating agencies, bond insurers and prospective bond buyers need that assurance prior to committing funding for the revenue bond. Based on the final bond documents that split the issuance into Limited Tax General Obligation and Utility Revenue bonds, the overall projected annual rate increase for the Transfer Station is 5.3% through 2019 period. As a result of this proposed increase, the Solid Waste Collection utility is also affected through 2018 with an annual increase of 5.6%, with a drop in 2019 to 4.0%. The cumulative proposed Transfer Station rates are one-half of the increase that was previously estimated in 2013. Except for the 2019 reduction, the Solid Waste Collections proposed rates remain the same as previously estimated. On May 13, 2014, the Utility Advisory Committee unanimously recommended, with one abstention and one excused absence, that City Council conduct two public hearings and adopt the rate ordinance amendments as proposed. Council is therefore requested to proceed with the public hearing to allow public input on the rate ordinance amendments for the Solid Waste Collection and Transfer Station Utilities. If ratified, the rate adjustments will become effective January 1, 2015. It is recommended that Council continue and close the public hearing opened on May 20, 2014, and consider adoption of the proposed rate ordinance amendments for the Solid Waste Collection and Transfer Station utilities. NXCOUNCILTINAL\Solid Waste Utility Rate Ordinance Amendments.docx G - 1 ORDINANCE NO. AN ORDINANCE of the City of Port Angeles, Washington, relating to utilities rates, making changes to Title 13, Chapters 13.54 and 13.57 of the Port Angeles Municipal Code. THE CITY COUNCIL OF THE CITY OF PORT ANGELES DO HEREBY ORDAIN AS FOLLOWS: Section 1. Ordinance No 3243 as amended, and Title 13 of the Port Angeles Municipal Code Chapter 13.54 is amended to read as follows: 13.54.050 Schedule R-01—Residential weekly service. A. The rate shall be $32-1-7 per month for one collection of a 90-gallon refuse container per week- and-Tthe rate per month for each additional refuse container shall be $32.17. the rates shown in the following table: 2015 2016 2017 Rate Surcharge Total Rate I Surcharge I Total Rate Surcharge Total 33.69 0.72 34.40 35.29 1.21 36.50 37.02 1.68 38.70 2018 2019 and beyond Rate Surcharge Total Rate Surcharge Total 38.84 $2.18 $41.01 $39.70 $2.68 42.38 Upon request, a refuse container collection in addition to the weekly collection may be made and a utility service fee shall be charged per occurrence in accordance with PAMC 3.70.010.B.3. If a person does not request every-other-week service in accordance with PAMC 13.54.060.A. the rate specified within this section shall apply. B. Upon request a 96-gallon recycling container may be provided and shall be collected every other week. The recycling container and collection of the recycling container shall be provided at no additional charge. C. A utility service fee in accordance with PAMC 3.70.010.B.4. shall be charged per container each time the same person at the same service location (1) changes from Schedule R-01 - Residential Weekly Service to Schedule R-02 - Residential Every-Other-Week Service, or (2) requests a recycling container where the recycling service has been voluntarily discontinued or terminated in accordance with 13.54.150.H. -1- G - 2 D. A utility service fee shall not be charged to resume recycling service if the same person at the same service location voluntarily terminates water,wastewater, garbage collection, and recycling services providing that electric service is maintained. 13.54.060 Schedule R-02—Residential every other week service. A. Upon request the rate shat be $Ill 2[ per month for one collection of a 90-gallon refuse containers and the rate per month for each additional refuse container shall be $20.35. the rates shown in the following table: 2015 2016 2017 Rate Surcharge Total Rate I Surcharge Total Rate Surcharge Total 21.00 0.46 21.46 21.99 $R.78 922.78 23.07 1.09 24.16 2018 2019 and beyond Rate Surcharge Total Rate I Surcharge Total 24.20 1.41 25.61 24.74 1.73 26.48 B. A refuse container set out in accordance with the scheduled date and time for weekly service shall not be collected. Upon request, a refuse container collection in addition to the every other week collection may be made and a utility service fee shall be charged per occurrence in accordance with PANIC 3.70.010.B.3. C. Upon request a 96-gallon recycling container may be provided and shall be collected every other week. The recycling container and collection of the recycling container shall be provided at no additional charge. D. A utility service fee in accordance with PANIC 3.70.010.B.4 shall be charged per container each time the same person at the same service location (1) changes from Schedule R-02 - Residential Every Other Week Service to Schedule R-01- Residential Weekly Service, or (2) requests a recycling container where the recycling service has been voluntarily discontinued or terminated in accordance with 13.54.150.1-1; provided, however, this paragraph shall not apply to any changes or requests made during the two weeks beginning six weeks prior to the effective date of any amendments to the rates under Schedule R-01 or Schedule R-02. E. A utility service fee shall not be charged to resume recycling service if the same person at the same service location voluntarily terminates water,wastewater, garbage collection, and recycling services providing that electric service is maintained. F. Under no circumstances shall the rate for any single dwelling or multiple dwelling be less than the rate specified in this Section, except as allowed by PANIC 13.20 -2- G - 3 13.54.070 Schedule R-03—Residential yard waste service. A. Upon request the rate shall be $8.40 per month per 96-gallon yard waste container for one collection of yard waste every other week during the months of March through November and once per month during the months of December through February shall be the rates shown in the following table. The rate per month for each additional yard waste container shall be$8.40. as shown in the following table. 2019 and 2015 2016 2017 2018 beyond Rate Rate Rate Rate Rate 8.50 8.67 8.85 9.04 9.24 B. A utility service fee in accordance with PAMC 3.70.010.B.4. shall be charged each time the same customer at the same service location requests the yard waste service where the yard waste service has been terminated. A utility service fee in accordance with PAMC 3.70.010.B.4. shall be charged for each additional yard waste container if the additional container is discontinued by the same customer at the same service location within a period of 120 days. C. A utility service fee shall not be charged to resume yard waste service if the same person at the same service location voluntarily terminates water,wastewater, garbage collection, and yard waste services providing that electric service is maintained. 13.54.090 Schedule C-01—Commercial 90-gallon service. A. The rate shall be $26.89 per month for one collection of a 90-gallon refuse container per week and semi-weekly collection of a cardboard recycling container shall be the rate shown in the following table. The rate per month for each additional refuse container and for each additional weekly collection of a refuse container shall be$ . the rate shown in the following table. The rate shall be reduced by 4.6 percent for the federal government, its agencies and instrumentalities. 2015 2016 2017 Rate Surcharge Total Rate I Surcharge Total Rate Surcharge Total 29.15 SQ.63 29.77 31.84 1.10 32.94 34.84 1.59 36.43 2018 2019 and beyond Rate Surcharge Total Rate Surcharge Total 38.14 $2.14 $40.28 $41.74 $2.80 44.54 -3- G - 4 B. Under no circumstances shall the rate for any commercial building be less than the rate specified in this section. 13.54.100 Schedule C-02—Commercial 300-gallon service. A. The rate shall 4=54 per month for one collection of a 300-gallon refuse container per week and semi-weekly collection of a cardboard recycling container shall be the rates shown in the following table. The rate per month for each additional refuse container and for each additional weekly collection of a refuse container shall be $81.5 1. the rates shown in the following table. The rate shall be reduced by 4.6 percent for the federal government, its agencies and instrumentalities. 2015 2016 2017 Rate Surcharge Total Rate Surcharge Total Rate Surcharge Total 83.22 1.69 84.91 85.62 2.81 88.43 88.24 3.8.5 92.09 2018 2019 and beyond Rate Surcharge Total Rate I Surchar a Total 90.99 11,91 95.90 93.78 6.08 99.87 B. Where approved by the Director, a 300-gallon refuse container may be shared by up to five persons. The Director shall determine the rate charged to each person that shares the use of a 300-gallon refuse container based on each person's waste volume and/or weight and Schedule C-02-Commercial 300-Gallon Service. Under no circumstances shall the rate for any person that shares a 300-gallon refuse container be less than Schedule C-01 - Commercial 90 - Gallon Service. The rate shall be reduced by 4.6 percent for the federal government, its agencies and instrumentalities. C. Where a restricted use container is required by the Director, the Director shall determine the rate charged to each person that is assigned a restricted refuse container based on each commercial dwelling's waste volume and/or weight and Schedule C-02-Commercial 300-Gallon Service. Under no circumstances shall the rate for any person that is assigned a restricted refuse container be less than Schedule C-01 -Commercial 90-Gallon Service. The rate shall be reduced by 4.6 percent for the federal government, its agencies and instrumentalities. -4- G - 5 13.54.110 Schedule C-03—Commercial recycling service. When the commercial recycling service is requested in addition to semi-weekly collection of cardboard, the rate shall be e'er the rate shown in the following table per month for one collection of a recycling container per week for each location within the City limits of Port Angeles. The rate per month for each additional recycling container and each additional weekly collection of a recycling container shall be e'er the rate shown in the following table. 2019 and 2015 2016 2017 2018 beyond Rate Rate Rate Rate Rate 13.80 13.80 13.80 13.80 13.80 Section 2. Ordinance No. 3243 as amended, and Title 13, Chapter 13.57 is amended to read as follows: 13.57.020 Rates. The following rates include all applicable taxes except as noted and shall be charged at the solid waste processing facility: A. All collection entities shall be charged and pay the following rates at the transfer station: 1. Collection entities that provide the City an exemption certificate in accordance with WAC 458-20-250(7) and City of Port Angeles accounts shall be charged 3 the rate shown in the following table per ton for municipal solid waste. This rate does not include the Washington State solid waste collection tax. 2015 2016 2017 Rate Surcharge Total Rate I Surcharge Total Rate Surcharge Total 139.13 1%=18 51 9141.91 13.91 155.82 9144.75 19.51 164.26 2018 2019 and beyond Rate Surcharge Total Rate Surcharge Total 147.65 25.51 173.16 150.60 31.93 182.53 2. Collection entities that provide the City an exemption certificate in accordance with WAC 458-20-250(7) and City of Port Angeles accounts shall be charged $29.09 the rate shown in the following table per ton for clean yard waste. This rate -5- G - 6 does not include the Washington State solid waste collection tax. The transfer station attendant shall determine whether each load qualifies as clean yard waste eligible for this rate. Yard waste that is not eligible for this rate shall be deemed municipal solid waste for determining rates. 2019 and 2015 2016 2017 2018 beyond Rate Rate Rate Rate Rate 29.09 29.67 30.27 30.87 31.49 3. $74.06 The rate shown in the following table per ton for wastewater treatment plant biosolids. 2019 and 2015 2016 2017 2018 beyond Rate Rate Rate Rate Rate 74.06 75.54 77.05 78.59 1 SaO.16 4. The City shall pay the collection entity charges for municipal solid waste received at the transfer station from the contractor for the Blue Mountain drop box operation under the service agreement. The City shall pay the collection entity charges for yard waste received at the transfer station from the contractor for curbside collection of yard waste under the service agreement. 5. Collection entities that do not provide the City an exemption certificate in accordance with WAC 458-20-250(7)shall be deemed self-hauler for purposes of determining rates. B. All self-haulers shall be charged and shall pay the following rates at the transfer station (except as set forth herein): 1. e'er The rate shown in the following table per ton for municipal solid waste with a $10.00 minimum fee. 2015 2016 2017 Rate Surcharee Total Rate Surcharee Total Rate Surcharee Total 170.11 9.94 180.05 9173.51 16.89 190.40 176.98 23.70 200.68 2018 2019 and beyond Rate Surcharee Total Rate Surcharee Total 180.52 30.99 $211.51 184.13 38.78 222.91 -6- G - 7 2. $4 7.20 The rate shown in the following table per ton for clean yard waste, with a $5.00 minimum fee. The transfer station attendant shall determine whether each load qualifies as clean yard waste eligible for this rate. Yard waste that is not eligible for this rate shall be deemed municipal solid waste for determining rates. 2019 and 2015 2016 2017 2018 beyond Rate Rate Rate Rate Rate 47.20 48.14 49.11 50.09 51.09 3. In addition to the fees established by subsections 1. and 2. of this section, a self-hauler that delivers an unsecured load to the transfer station shall be charged a $10.00 fee. 4. There will be no fee charged for recyclable materials deposited into the recycling drop-off facility. There will be no fee charged for acceptable household hazardous waste received at the transfer station. 5. There will be no fee charged for acceptable moderate-risk waste received at the moderate-risk waste facility from residents covered under the interlocal agreement. Commercially exempt small quantity generators shall not deposit moderate-risk waste at the moderate-risk waste facility. 6. Self-hauler rates shall be reduced by 4.6 percent for the federal government, its agencies and instrumentalities. 7. Rates for acceptable special waste shall be charged the rate shown in the following table. 2019 and 2015 2016 2017 2018 beyond Rate Rate Rate Rate Rate Self Haul--Tires S170.11 S173.51 S176.98 S180.52 184.13 Self Haul--Asbestos S447.24 S456.18 S465.31 S474.61 S484.11 Self Haul--Metal&White Goods $72.29 $73.74 $75.21 $76.71 $1 8.25 Environmental Fee $23.80 $24.28 $24.77 $25.27 $Z 5.78 Self Haul--Contaminated Soils 237.76 242.52 S247A7 252.31 257.36 -7- G - 8 ............................ ..................................................... Asbestos CA A'7.)A W . . I - I obile a-Rd tfa&4 pef+Off pef:"Off Q')2'7 R-11111 R Wd OF dFedge-S� . 7A pef:40ff The environmental fee per unit shall be in addition to the rate per ton for metals and white goods. 8. In lieu of requiring multiple scale house transactions for loads with mixed municipal solid waste, the Director may establish weight reductions for recyclable materials, metals, acceptable household hazardous waste, and acceptable moderate-risk waste. Under no circumstances shall a weight reduction result in a reduction of the minimum fee. The weight reductions approved by the Director shall be issued at the scale house. C. The self-hauler rate 13.57.020.B.1. may be waived or reduced by up to 50 percent subject to the following requirements: 1. The person requesting a waiver or reduction submits a written application to the Director at least 30 days before disposal of refuse at the transfer station. The Director shall accept or deny the application before refuse is disposed at the transfer station. 2. A waiver may be available for disposal of refuse which is collected as part of a beautification or cleanup program, such as the annual transfer station benefit dump day, Clallam County chain gang, and Washington State Department of Transportation Adopt a Highway program, which must dispose of litter. 3. A reduction may be available for disposal of refuse, which is collected as part of the annual City of Sequim benefit dump day. 4. A reduction may be available to charitable, nonprofit organizations, such as the Salvation Army, St. Vincent DePaul, and Serenity House, the primary purpose of which is provide necessary support for the poor or infirm and which must dispose of unusable donated items. 5. Pursuant to Chapter 35.83 RCW, a reduction may be applied to the Housing Authority of Clallam County for self-haul of materials left by tenants who vacate housing authority premises and for disposal of demolition debris. 6. All waivers or reductions approved by the Director shall be valid for 30 days and shall be limited to projects that further the public health, safety, or welfare, -8- G - 9 enhances the environment, or is otherwise in the public interest for parties of the interlocal agreement. 7. In order for the waiver or reduction to be valid, applications approved by the Director shall be presented to the scale house attendant at the time of disposal. D. All self-haulers shall be charged and shall pay the following rates per ton at the Blue Mountain drop-box: 1. $237.40 The rate shown in the following table per ton for municipal solid waste with a $5.00 minimum charge. 2015 2016 2017 Rate Surcharge Total Rate I Surcharge I Total Rate Surcharge Total 237.40 13.75 251.15 242.15 23.37 265.52 246.99 32.79 279.78 2018 2019 and beyond Rate Surcharge Total Rate I Surcharge Total 251.93 42.87 $294.80 S25AA7 1 53.65 310.62 2. Recyclable materials deposited into the recycling drop-off facility will not be charged a fee. Acceptable household hazardous waste will not be charged a fee. 3. The self-hauler rate shall be reduced by 4.6 percent for the federal government,its agencies and instrumentalities. Section 3 - Corrections. The City Clerk and the codifiers of this ordinance are authorized to make necessary corrections to this ordinance including, but not limited to, the correction of the scrivener's/clerical errors, references, ordinance numbering, section/subsection numbers and any references thereto. Section 4 - Severability. If any provisions of this Ordinance, or its application to any person or circumstances, are held invalid, the remainder of the Ordinance, or application of the provisions of the Ordinance to other persons or circumstances, is not affected. -9- G - 10 Section 5 -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 on January 1, 2015 after passage and publication of an approved summary thereof consisting of the title. PASSED by the City Council of the City of Port Angeles at a regular meeting of said Council held on the day of June, 2014. Dan Di Guilio, Mayor ATTEST: APPROVED AS TO FORM: Janessa Hurd, City Clerk William E. Bloor, City Attorney PUBLISHED: 2014 By Summary -10- G - 11 1 1 5 • / ,./ ArFrrNIGELE, 50" � W A S H I N G T O N, U. S. A. CITY COUNCIL MEMO DATE: June 3, 2014 To: CITY COUNCIL FROM: BYRON W. OLSON,CHIEF FINANCIAL OFFICER SUBJECT: A RESOLUTION of the City Council of the City of Port Angeles,Washington, Adopting the Transportation Improvement Program for 2015 -2020 Summary: The transportation Improvement Program (TIP) is a required component of our Capi- tal Facilities Plan (CFP) as well as our Comprehensive Plan. In addition, to qualify for state and federal funding assistance, the City is required to file its TIP with the State Department of Trans- portation prior to July 1, 2014 to be eligible for future grants. The TIP will be reviewed on an annual basis and an update will be brought before Council for a public hearing and adoption each year. Recommendation: Staff requests that Council: 1. Conduct a Public Hearing on the Transportation Improvement Program; 2. Continue the Public Hearing to the June 171h meeting; and 3. Conduct a first reading on the resolution to adopt the 2015 —2020 Transportation Improvement Program. Background/Analysis: Background/Analysis: The Washington State Growth Management Act requires that transportation planning and system development support the broader, long-range goals for community development. The Growth Management Act specifies transportation as a required element of a comprehensive plan (RCW 36.70A.070(6)). The transportation element must implement and be consistent with the land use element. The transportation element includes the following statutory sub-elements: • land use assumptions used in estimating travel; • estimated traffic impacts to state-owned transportation facilities; G - 12 Staff Report to Council Regarding Resolution to Adopt the Transportation Improvement Program(TIP) Page--2— • facilities and service needs, including an inventory, • level of service standards, • actions for bringing locally owned transportation facilities or services into compliance, • forecasts of traffic for at least 10 years, • identification of state and local system needs to meet current and future demands; • finance; • intergovernmental coordination efforts; • demand management strategies; and • a pedestrian and bicycle component. The Six-Year Transportation Improvement Program, or TIP, is a short-range planning document that is annually updated based on needs and policies identified in the City of Port Angeles Comprehensive Plan and Transportation Facility Plan. It represents Port Angeles' current complete list of needed projects and programs for the next six years. The document also identifies secured or reasonably expected revenues and expenditures for each of the projects included in the TIP. Typically,projects listed in the first three years of the document are shown as having secured funding while projects in the last three years can be partially or completely unfunded. In addition, we have also added a section related to "parking lot" projects. These projects have been identified as having a significant priority or need within Port Angeles but do not yet have any identified funding source to pay for the project. We are including in the planned briefing before the Public Hearing information regarding Trans- portation Benefit Districts (TBD). A TBD is a potential option that Council may wish to consider as a means of providing dedicated funding for street repair/replacement. If you have any questions prior to the meeting,please give me a call or send me an e-mail. BWO:mt G - 13 RESOLUTION NO. A RESOLUTION of the City Council of the City of Port Angeles, Washington, adopting the Transportation Improvement Program for 2015-2020. WHEREAS,the City of Port Angeles is required to annually update its Transportation Improvement Program; and WHEREAS, the City Council of the City of Port Angeles, Washington being the legislative body of said City, on the 3" of June 2014, and the 17t1 of June 2014 did hold public hearings on the update of its Transportation Improvement Program; and WHEREAS, the proposed Transportation Improvement Program for 2015-2020 is consistent with the City's Comprehensive Plan; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Port Angeles,Washington that the Transportation Improvement Program,attached hereto as Exhibit A, for the City of Port Angeles, Washington, be and the same is hereby adopted; and BE IT FURTHER RESOLVED that the 2015-2020 Transportation Improvement Program,together with this Resolution, shall be filed with the Secretary of Transportation of the State of Washington. PASSED by the City Council of the City of Port Angeles at a regular meeting of said Council held on the 17th day of June 2014. Dan Di Guilio, Mayor ATTEST: APPROVED AS TO FORM: Janessa Hurd, City Clerk William E. Bloor, City Attorney H:Aa ORDINANCES&RESOLUTIONS\RESOLUTIONS.2014\15-TIP-Adopt-05.28.14.wpd(May29,2014) G - 14 1 v I -, I �j -, , .-, , .,I: - - - -, S- - - -g - - ;, x x, 5 C, rl 4 I :)o x K, p n 1 P 64 51 > 0 3 A 23 0 C: < m 0 Z, .. . . . . . . . . . . . . . > > m > 8 . . . . . . . G) z :50 65 > . . pea . . . . . . . . . . . m . . . . . . . . . . . . . . . . . . . . . . . . E w 4 . . . . . . . O. . . . . . . . . . . . . . . . . . 8 8 'S . . . . . . .. . . I- I T 1 -1 per w . . . . . . d ® . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . d © . . . . . . . . . . . . . . . . . . . d © o .. . . . . . . . . . . . . . . . . . . . . . p © © B. I I . . . . . . . . . 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N 1n . . . . . . . . . . . . . 9 © . . . . c o o . . .. . . . . . © G - 15 6/3/2014 �Myrr.. .rrwrr /r// /%i M, r r No r ri�/fir/ %G//i/ri/i/ rr/i/ i r j ///���//i�r�� ✓/ /i%jT%/i�jr Agenda �mi ,ii r �r�m i/e,�m,�%//ir �.�,.,ul,; r i l�//i,,.,,i. ,�,r./miiriLr,,,w✓i ,a�✓r/,1�� ,,,,//.,...ire, ii//u,✓G.rr..r✓w/�/�0„o/%.,: C), Introduction & Overview Transportation Improvement Program (TIP) Definition Relationship to Other Plans M� Financial Overview j TIP Projects a Active Projects Planned Projects "Parking Lot" State of Our Streets way Transportation Benefit District Considerations 1 6/3/2014 Introduction 1 The 2014 TIP/CIP changes Coordinated by Finance Department with links to: a Budgets a Cost of Service Study iii Long Range Financial Plan Format changes a Reasonable revenue assumptions v Cash flows to completion v Budgets Staff time/availability and funding Becomes a better document to provide accountability to Council and Community Allows staff a year to regroup A Living Document L':i TIP will be incorporated with: a Budgets Comprehensive Plan Long Range Financial Plan �a Cost of Service Study i The TIP will continue to evolve and change as new projects are approved by City Council Changes to approved projects will need to be approved by the City Council 2 6/3/2014 What is the Transportation I ere Pry rrn (TIPA ;tic The Washington State Growth Management Act requires that transportation planning and system development support the broader,long-range goals for community development The Six-Year Transportation Improvement Program,or TIP,is a short-range planning document that is annually updated based on needs and policies identified in the City of Port Angeles Comprehensive Plan and Transportation Facility Plan. Represents Port Angeles current complete list of needed projects and programs for the next six years. Identifies secured or reasonably expected revenues and expenditures for each of the projects included in the TIP. Transportation Improvement Program(TIP)is a sub-component of the larger Capital Facilities Plan(CFP) TIP needs to be adopted by Council and filed with the State Department of Transportation before July r to enable the City to apply/compete for grants CFP will come before the City Council in July for review/adoption What r1 t IIIIIIII mg %%/r///// sr r of/i.. r r %�i�� / rl/ %r��/r�r/G/U/%/rid ��%%ib/�i ✓���iir/iii/�rrr f���i'/%� ri///��/'// IIY%F 3 6/3/2014 Long Range i Includes input from Staff recommendations Available funding r� Council priorities r;1 Citizen concerns Mandated items Corti p rehens We Plan t ,'r/. /pi//i.,,�//r Gix/nl//ir%r/,��iiiwii r//! iiiio///%/ i/����il,�/i%,,:/�////.rr,Grd%/, �/r/rr�„�r,��rr�,�Li�/%�%/i.��i:r/„/„✓n,,: The comprehensive plan addresses all items affecting the city operations: -i Vision, goals & objectives; r i Financial considerations (Revenues & Expenses); and 1_1 Capital needs. 4 6/3/2014 Historical s Proposed lug ��, �,<,,,, r,,,,,,,,i,.,, ,,,,,,,,,�„ ,1,,,,i„..//, / ,��u,�,e✓rrii�, ,ter, ,G„���r,v,r....,..�D/ice%�„�/.. i,,,,:,,,, �.d 5 year average spending on Streets = $76o,56i 1 2013 Depreciation expense = $974,849 Depreciation funding shortfall $214,288 TIP Planned expenditures (6 yrs) $ 6,852,500 Funded by rot Grants and donations = $ 2,159,375 r. Utility contributions = $ 875,000 a ($145,833 average) r,1 General government = $3,818,125 a ($636,27o average) 2014 TIP Active Prolects 1 11I III` .G%;�ri �v//�/i// /i,�i;:�r r/r/�;,a;✓/l�//i/v//,�/r/ ,,,cr ��, ,.-�, ///,�,// r¢�/L i� r!ai rr%v,,,,.�, rr�//,l'a.c./ Waterfront Phase 1 9,075,774 3,o62,000 7,3o8,887 &2 Ediz Hook Erosion 271,410 217,550 19,137 i Turawater Wall 243,700 197,o65 109,173 Lauridsen Bridge 5,460,300 3,064,550 1,339,384 Green LID Alley 592,000 92,000 125,000 City Hall Parking Lot 100,000 100,000 100,000 18th Street Reconstruction 1,555,000 1,555,000 121,000 5 6/3/2014 Completed t TIP,,, „ti„ c,/„�,r�c r//i,/,,,i,,,✓ r„,wv.:r / ,.,,,r,�r�� �,i,�r/ /i/iiGl,,,O„rit r//i,i//lriri�r ,,,�,%i /r,,.i�o/r �i for t 1/11.11/15 r rj oj i/i/i rpa�/���/r i/r//��%�/r�r i/�//)/j%/�//r�r/�/r/r��/�%!i�/%O�n,/%,//../�///i��/�/rl�/ir/%i///vi//rr e/i!/✓/,Fr/�//f�r�/,i/rr i/ii l i�/i!i,r%%l%i�.%,.,� �. Green Alley Project 592000 500,000 33,000 Waterfront Development Phase 3—(only grant&donation portion to be 8,100,000 900,000 None completed in 2015) Marine Drive Bulkhead Repairs 4,530,000 330,000 None Ediz Hook West Boat Dock 225,000 225,000 None Repair Alley Paving 125,000 125,000 125,000 Laurel Street Stairs 302,500 27,500 27,500 Valley Creek Loop 100,000 25,000 12,500 6 6/3/2014 2015 -2020 Planned Expenditures m��ir�� o,,.,✓rr �..., ,,.�,,,,,,, /r��. //„„,.,r„ „i„ l;it„., ,r,!r„ ,�,,.�,,,.,<, r,�a' a„G„6,.t Jr,,/a,,.� $2,500,000 $2,000,000 $1,500,000 $1,000,000 $500,000 $o 2015 2016 2017 2018 2019 2020 TIP Revenues by Year and Type �mi110P1� rvv/ /6c„'-,i,o/rri i%., %ir r�i�� i l�c.�i,Gr r./r/-; ///�,�.��a„ r :- ri//�,/„iri.r�/...,Lrf/eG✓i.;c/%/.✓/„ ,we.,� $1,600,000 $1,400,000 $1,200,000 ._.. $1,000,000 $800,000 r $600,000 _ $400,000 $200,000 2015 2016 2017 2018 2019 2020 ow Utility Reserves a Grants w General Fund Reserves 7 6/3/2014 Proposed ro'lect List �„,l.,�„ ,w „�i�„ .. ,,.�„�,,,,�,,, � ,,,,,,,,... ,,,�e, ,,,,_:..,,.,,,, ,,,,i,,,,��„� ..,, ,,,.,,,,,, ,.i„ate„ /�,,,„mil✓.:. 2015 2018 Green Alley Alley Paving t:x Boat Dock Laurel Street Stairs Alley Paving vF Ennis Creek Culvert Waterfront Phase 3 Design 2019 a Laurel Street Stair Design Valley Creek Loop Trail Valley Creek Loop Trail n Marine Drive Bridge u Marine Drive Bulkhead Alley Paving 2o16 n Oak Street Ramp i.°a Chip Seal Program 2020 * Alley Paving :,i Chip Sea]Program u Alley Paving Valley Creek Loop Trail Marine Drive Bridge 2017 ra Oak Street Ramp fu Alley Paving lteais without Funding = $59,780,500 Waterfront Development Phase 3 Laurel/Ahlvers Road construction Way-finding signage O Street Improvements First/Front Race Street Nodes Hill Street Reconstruction Hill Street ODT Development rori'Street Reconstruction Ennis Street Slide Repairs Park Avenue-Peabody to Race Cross town study N Street Sidewalks Caroline Street Slide Repairs Milwaukee Drive Phase 1 Citywide Traffic Signal Interconnect Lauridsen Blvd/Washington Street Reconstruction White's Creek Crossing Bridge Race Street Development Truck Route and rot intersection Marine Drive Bulkhead Laurel Lincoln Signal/ Repairs/Replacement Roundabout Laurel Street Sidewalks Mt.Angeles/Porter Streets Rhoads Road 2°d&Valley Pavement Restoration i 8 6/3/2014 " a ° Is T` I' Ability for local governments to fund transportation projects "Independent taxing district" created for sole purpose to acquire, construct, improve, provide and fund transportation improvements in the district Legislative Authority granted in RCW 35.21.225 i:a Provisions outlined in RCW 36.73.010 9 6/3/2014 RCW 7 �IIVI� �/ .,,.,rte,,, ,, �,,,,,�., 'i,,,, i „�,u „i.�,nr ,,,,,,.,i,J,,,,,rD%r.0/i ,cam.�,/ �ul,�//iv,<,J,�/lri r,.,,,,�✓/ri//%�� Foster Cooperation between public and private sectors J Enhance municipalities to fund transportation improvements necessitated by economic development and improve transportation performance F] Allow municipalities to establish TBD to respond to special transportation needs and economic opportunities Facilitate equitable participation for developers whose developments may generate the need for improvements. Prolect Types III (�/ %/%/r„i.,..c/r1v/,,.c/%/ v,rj///,/ �//�/r,.i% r/r/ic,ar/�ii „/O,;i/./iii///,i,ir i��i,.�r�/>//%Oe��� �,��✓i //!,vc�✓. Overlays , Preservation, Repairs Convert Gravel roads to Asphalt Sidewalk Installation Bridge Repairs Non-motorized facilities a The Olympic Discovery Trail i a New Roads Enhance Development 10 6/3/2014 Why Port Angeles MON Pavement Condition Index from o-loo: c� COPA is a rated as a"35" POt R_to VEPY Pq,)OR No major road repairs funded since 2010 Overall replacement would be$182 million with repairs estimated at$122 million No flexibility for General Fund expansion Asphalt streets will last 20 years...many COPA streets are over 30 years old It will take a sustained 20 year effort of"Millions budgets"to get to(�'001 rating due to advance deterioration Transportation Benefit District is only a START,not a final solution TBD Revenue Option # NOT SUBJECT TO VOTER APPROVAL Annual vehicle fee up to $20 per vehicle registered within the District. Collected at time of license renewal...and/or Transportation impact fees on commercial and industrial buildings. Residential buildings excluded. Annual Expected Revenues: $325,000 /year for vehicle fees 11 6/3/2014 TBD Revenue t w n #2 SUBJECT TO VOTER APPROVAL: Property Tax Levy...and/or (paid only by COPA residents) Up to 0.2% sales and use tax...and/or (paid by all shoppers) f,/,',', 2 cent tax/$10 purchase Not applicable to groceries/prescriptions/gasoline/rent/mortgage rw/ 2/3 of COPA shoppers live outside City limits Annual vehicle fee > $2o and < $too /vehicle registered in the District...and/or (paid only by COPA residents) Annual Expected Revenues: �' $325,000 ($20 fee) -$1,622,000($loo fee) for vehicle fee Cl $500,000 to$550,000 based on annual COPA 2010 sales Steps tCreate TBD W l Develop policy to address major changes in plan Staff prepare list of proposed projects for Council approval i a Money must be used for"Transportation Improvement" _i Conduct Public hearing Adopt Ordinance n Find that District is in public interest r, Establish boundaries of District Description of activities or functions Public Vote - If required, could be general or special election 12 6/3/2014 Summary & Next Steps Changing how we forecast with the Budget and TIP/CFP directly linked to the cost of service study and long range financial plan. Council will need to approve changes to the TIP/CFP Future budgets do not meet existing infrastructure requirements. Staff recommendation to hold a workshop focused on potential for creation of a Transportation Benefit District-suggested dates: July 22nd or August 26th Requested action by Council tonight: Open Public Hearing on the Transportation Improvement Program c Continue Public Hearing to the June 1711'meeting Conduct ill Reading of the Resolution to adopt the 2015-202o Transportation Improvement Program 13 YNORT NGELES F I ll� == W A S H I N G T O N, U. S. A. �w_ env CITY COUNCIL MEMO DATE: June 3, 2014 TO: CITY COUNCIL FROM: BYRON OLSON, CHIEF FINANCIAL OFFICER SUBJECT: AN ORDINANCE OF THE CITY OF PORT ANGELES, WASHINGTON, AUTHORIZING THE ISSUANCE OF LIMITED TAX GENERAL OBLIGATION BONDS OF THE CITY IN THE AGGREGATE PRINCIPAL AMOUNT NOT TO EXCEED $9,200,000, TO FINANCE COSTS RELATED TO IMPROVING AND STABILIZING THE PORT ANGELES LANDFILL, TO CAPITALIZE INTEREST ON THE BONDS, AND TO PAY COSTS OF ISSUING THE BONDS; PROVIDING THE FORM, TERMS AND COVENANTS OF THE BONDS; PROVIDING FOR THE DISPOSITION OF THE PROCEEDS OF SALE OF THE BONDS; AND DELEGATING AUTHORITY TO APPROVE THE FINAL TERMS OF THE BONDS;AND AN ORDINANCE OF THE CITY OF PORT ANGELES, WASHINGTON, AUTHORIZING THE ISSUANCE OF SOLID WASTE UTILITY REVENUE BONDS OF THE CITY IN THE AGGREGATE PRINCIPAL AMOUNT OF NOT TO EXCEED $9,200,000, TO FINANCE COSTS RELATED TO IMPROVING AND STABILIZING THE PORT ANGELES LANDFILL, TO FUND THE RESERVE ACCOUNT, TO CAPITALIZE INTEREST ON THE BONDS, AND TO PAY COSTS OF ISSUING THE BONDS; PROVIDING THE FORM, TERMS AND COVENANTS OF THE BONDS; PROVIDING FOR THE DISPOSITION OF THE PROCEEDS OF SALE OF THE BONDS; AND DELEGATING AUTHORITY TO APPROVE THE FINAL TERMS OF THE BONDS Summary: There are two separate bond ordinances before Council this evening related to the Solid Waste Landfill Bluff Stabilization project. By utilizing a combination of a Limited Tax General Obligation (LTGO)bond issue and a Revenue bond we can minimize debt service for this project. In preliminary planning for this project, the City sought to gain County Commissioner approval for the imposition of flow control in unincorporated eastern Clallam County. Unfortunately, the H - 1 City was not successful in gaining the support of the Clallam County Commissioners on that point. The City of Port Angeles has already adopted flow control. In addition, we were hopeful that the City of Sequim would also adopt flow control as part of our joint efforts to address this regional problem, but they did not. We are recommending that Council authorize issuance of up to $9,200,000 in LTGO bonds that have the security of having General Fund taxes to guarantee repayment—the actual debt service will be paid by utility rates from the Solid Waste System. In addition, we are recommending that Council authorize the issuance of up to $9,200,000 of debt would be sold as Revenue Bonds backed solely by the revenues of the Solid Waste Fund. Recommendation: Staff requests that Council consider: 1. Conduct a second reading and adopt the Ordinance of the City of Port Angeles, Washington, authorizing the issuance of Limited Tax General Obligation Bonds of the City in the aggregate principal amount not to exceed $9,200,000, to finance costs related to improving and stabilizing the Port Angeles Landfill, to capitalize interest on the Bonds, and to pay costs of issuing the Bonds;providing the form, terms and covenants of the bonds; providing for the disposition of the proceeds of sale of the Bonds; and delegating authority to approve the final terms of the Bonds; and 2. Conduct a second reading and adopt the Ordinance of the City of Port Angeles, Washington, authorizing the issuance of Solid Waste Utility Revenue Bonds of the City in the aggregate principal amount of not to exceed $9,200,000, to finance costs related to improving and stabilizing the Port Angeles Landfill, to fund the reserve account, to capitalize interest on the bonds, and to pay costs of issuing the bonds; providing the form, terms and covenants of the bonds;providing for the disposition of the proceeds of sale of the Bonds; and delegating authority to approve the final terms of the Bonds. Background/Analysis: At the May 20t Council meeting, staff presented a PowerPoint presentation providing a more comprehensive overview regarding issuance of bonds and the complexities of this particular issue. Joining in that presentation were Deanna Gregory, Bond Counsel to the City and Alan Dashen, Financial Advisor to the City. The City has been working on the funding aspects of this issue for nearly a year. Due to the complexity of the issue and the desire to engage both Clallam County and the City of Sequim made for a number of starts and stops along the road. The finance team has reviewed issues ranging from taxability of the bonds, questions of capital improvement versus maintenance and operations, debt structure, term of the bond issue,potential to secure bond insurance, and the effect of the debt repayment on future Solid Waste Utility Rates. For this project, our bond finance team consisted of: • City of Port Angeles: • Byron W. Olson, Chief Financial Officer • TrinaNevaril, City Treasurer H - 2 o Heidi Greenwood, Sr.Assistant City Attorney • Financial Advisor(A. Dashen &Associates): • Alan Dashen • Scott Bauer • Bond Counsel(Pacifica Law Group): • Deanna Gregory • Stacey Crawshaw-Lewis • Underwriter(Piper Jaffray): • Lindsay Sovde • Justin Mon Wai • Underwriter's Counsel(Foster Pepper): o Marc Greenough • Utility Rate Consultant(FCS Group) • Angie Sanchez • Sergey Tasarov As was done in the 2013 Revenue Bond refunding issue approved by Council last year, the ordinances before you are "delegation" ordinances whereby the City Council delegates authority to the Chief Financial Officer to structure the bond issue and interest rates within very strict parameters established by Council. When Piper Jaffray enters the bond market to sell our bonds to investors, we frequently find that the investors may need some small changes to planned maturities to meet their institutional investment requirements. The delegation ordinance allows the Chief Financial Officer limited flexibility to work with the underwriter to revise the planned offering to meeting the investor's needs while staying within the parameters established by Council. In Section 12 of the LTGO Bond Ordinance, the City designates that the bonds will be sold at a negotiated sale with Pipper Jafray who was selected through a Request for Proposal process. This section also provides that the City designates that the Chief Financial Officer has the authority to finalize the sale of the bonds so long as: (1) The aggregate principal amount of the Bonds does not exceed $9,200,000; (2) The final maturity date for the Bonds is not later than November 1, 2039; (3) The Bonds are sold in the aggregate at a price not less than 98%; and (4) The True Interest Cost(TIC) for the Bonds does not exceed 5.15% In Section 15 of the Revenue Bond Ordinance, the City designates that the bonds will be sold at a negotiated sale with Pipper Jafray who was selected through a Request for Proposal process. This section also provides that the City designates that the Chief Financial Officer has the authority to finalize the sale of the bonds so long as: (1) The aggregate principal amount of the Bonds does not exceed $9,200,000; (2) The final maturity date for the Bonds is not later than November 1, 2039; (3) The Bonds are sold in the aggregate at a price not less than 98%; and (4) The True Interest Cost(TIC) for the Bonds does not exceed 5.75% There are two separate bond ordinances before Council this evening: • Limited Tax General Obligation (LTGO) Bond Issue. Amount not to exceed $9,200,000. 25 Year Term. Security for the bond repayment is from a pledge of the City's full faith and credit H - 3 including general fund taxes (property tax, sales tax, utility tax, etc.). In using approximately one-half of our outstanding statutory LTGO debt capacity, we can secure a lower overall interest cost for the project, reduce the funding required for the debt service reserve and achieve substantial savings for our utility rate payers both inside and outside of the City of Port Angeles. The City's General Fund will be re- paid for the costs of the debt service by rates collected by the Solid Waste Utility (similar to the way that the Electric, Water and Wastewater Utilities are paying for the debt service on the 2005 LTGO bond issue for the Western Urban Growth Area). • Revenue Bond Issue. Amount not to exceed $9,200,000. 25-Year Term. Security for bond repayment is from the revenue stream generated by Solid Waste Utility Rates. Had the City been able to achieve flow control, we estimate that ratepayers would have received a savings of$1,500,000 - $2,500,000 as a result of having a more secure revenue stream that would have produced an A- credit rating. Without flow control, we are now estimating a BBB+ credit rating on the Revenue Bond. In addition, the Revenue Bond requires that we establish and fully fund a debt reserve account equal to the largest annual debt payment. This prefunded debt reserve will be used to make the final principal and interest payments in the last year of the bond issue. The total cost of the project and proposed funding plan is shown below: H - 4 Project Costs: AMOUNT Pre-Design,-Design, Permitting& Post-Design $3,364,057 ------_ _ _ _ ______________ ______________________ _____ Project Management 1,429,000 _ _____________________ _______________________ ______________________ SCADA+ Fiber Optic Cable 140,000 ------ _ ______________ _______________________ ______________________ _____ Construction 13,086,626 _ ________________________________ _______________________ ______________________ Contingency @_15% 1,962,994 ------WWWWSub-Total-Project-Costs_____________ ____________________ ____$19,982,677 ________________ __________ _________ Financing Costs: Cost of Issuance $210,470 _Underwriter's_Discount______ _1_13,330_ Capitalized Interest (6 months) ��� _���������� ���� 283,172 ---.Debt Reserve Account_(Revenue_Bond) 660,044 Sub-Total Financing Costs _ $1,267,016 Total Project Costs_____________________________ ____________________ ____$21,249,693 Project Funding Resources: FUNDING DoE Financial Assistance $3,999,100 CoPA Sales Tax from Project 82,110 Bond Proceeds: Par Amount 16,190,000 Net Premium/ OID 980,646 Sub-Total Resources $21,251,856 Less Total Project Costs ($21,7 ,6 Net Additional Proceeds $2,162 The Ordinances provide that the Chief Financial Officer is authorized to ratify and to deem final the preliminary Official Statement relating to the Bonds. The preliminary Official Statement is similar in many respects to a prospectus for a stock sale. The chart below gives you a brief snapshot of the costs associated with the proposed financing package in comparison to our projections of debt service costs if we have achieved flow control and costs without flow control. H - 5 ESTIMATED $17,605,000 $17,515,000 $16,220,000 Debt Service Without Flow Control With Flow Control Combination Costs 25-year Term 25-year Term LTGO+Revenue "BBB+"Rating "A-"Rating Year 1-5 $3,933,606 $3,600,760 $3,709,798 Year 6-25 29,825,269 28,653,131 27,665,950 Total $33,758,875 $32,253,891 $31,375,748 Estimated Savings WITH Flow Control $1,504,984 $878,143 =Additional Savings Due to LTGO+Revenue Bond Plan Average Annual Savings 60,199 35,126 =Average Annual Savings Average Monthly Savings 5,017 2,927 =Average Monthly Savings Average Daily Savings 165 96 =Average Daily Savings Savings due Ratepayers--Combination LTGO+Revenue Bonds $2,383,127 Average Annual Savings 95,325 Average Monthly Savings 7,944 Average Daily Savings 261 The bond market has a fair degree of volatility over the last few weeks and months. A stronger stock market reduces the attractiveness of bonds and forces interest rates to be higher to find prospective buyers. Domestic and international events can have the opposite effect on bonds — concerns over the state of the economy or adverse international political developments can send stocks much lower making bonds more attractive and lowering interest rates on the bonds. We will be seeking a bond rating from Standard & Poor's Rating Services and we are seeking quotes from two separate bond insurers for this financing. The schedule for our Solid Waste Financing is as follows: • May 20 First Reading of Delegation Ordinances (LTGO Bond+Revenue Bond) • May 22 Presentations to Rating Agencies &Bond Insurers • June 3 Final Reading/Adoption of Delegation Ordinances (LTGO Bond+Revenue Bond) • June 6 Receive Bond Rating • June 6 Finalize Preliminary Official Statement(POS) • June 9 Distribute/Post POS • June 11 Effective Date of Delegation Ordinances • June 18 Bond Pricing • June 24 Post Official Statement(OS) • July 2 Bond Closing If you have any questions,please contact me so that I can get you the appropriate answer as quickly as possible. H - 6 CITY OF PORT ANGELES, WASHINGTON SOLID WASTE UTILITY REVENUE BONDS, 2014 ORDINANCE NO. AN ORDINANCE OF THE CITY OF PORT ANGELES, WASHINGTON, AUTHORIZING THE ISSUANCE OF SOLID WASTE UTILITY REVENUE BONDS OF THE CITY IN THE AGGREGATE PRINCIPAL AMOUNT OF NOT TO EXCEED $9,200,000, TO FINANCE COSTS RELATED TO IMPROVING AND STABILIZING THE PORT ANGELES LANDFILL, TO FUND THE RESERVE ACCOUNT, TO CAPITALIZE INTEREST ON THE BONDS, AND TO PAY COSTS OF ISSUING THE BONDS; PROVIDING THE FORM, TERMS AND COVENANTS OF THE BONDS; PROVIDING FOR THE DISPOSITION OF THE PROCEEDS OF SALE OF THE BONDS; AND DELEGATING AUTHORITY TO APPROVE THE FINAL TERMS OF THE BONDS. PASSED JUNE 3, 2014 PREPARED BY: PACIFICA LAW GROUP LLP Seattle, Washington H - 7 CITY OF PORT ANGELES, WASHINGTON ORDINANCE NO. TABLE OF CONTENTS* Page Section 1. Definitions and Interpretation of Terms...................................................................2 Section 2. Adoption of Plan of Additions and Betterments....................................................13 Section 3. Authorization and Description of Bonds ...............................................................15 Section 4. Registration, Exchange and Payments...................................................................15 Section 5. Redemption; Purchase of Bonds............................................................................20 Section6. Form of Bonds .......................................................................................................24 Section7. Execution of Bonds................................................................................................26 Section 8. Application of Bond Proceeds ...............................................................................27 Section 9. Revenue Fund; Priority of Application of Revenue; Rate Stabilization Account..................................................................................................................28 Section 10. Bond Account; Debt Service Account; Reserve Account......................................30 Section 11. Covenants and Agreements....................................................................................34 Section12. Tax Covenants .......................................................................................................37 Section13. Defeasance.............................................................................................................39 Section 14. Issuance of Future Parity Bonds.............................................................................41 Section15. Sale of Bonds.........................................................................................................44 Section 16. Undertaking to Provide Ongoing Disclosure.........................................................46 Section 17. Supplements and Amendments..............................................................................51 Section 18. Lost or Destroyed Bonds........................................................................................53 Section19. Severability ............................................................................................................53 Section 20. Effective Date ........................................................................................................53 * This Table of Contents is provided for convenience only and is not a part of this ordinance. H - 8 ORDINANCE NO. AN ORDINANCE OF THE CITY OF PORT ANGELES, WASHINGTON, AUTHORIZING THE ISSUANCE OF SOLID WASTE UTILITY REVENUE BONDS OF THE CITY IN THE AGGREGATE PRINCIPAL AMOUNT OF NOT TO EXCEED $9,200,000, TO FINANCE COSTS RELATED TO IMPROVING AND STABILIZING THE PORT ANGELES LANDFILL, TO FUND THE RESERVE ACCOUNT, TO CAPITALIZE INTEREST ON THE BONDS, AND TO PAY COSTS OF ISSUING THE BONDS; PROVIDING THE FORM, TERMS AND COVENANTS OF THE BONDS; PROVIDING FOR THE DISPOSITION OF THE PROCEEDS OF SALE OF THE BONDS; AND DELEGATING AUTHORITY TO APPROVE THE FINAL TERMS OF THE BONDS. WHEREAS, the City of Port Angeles, Washington, a municipal corporation of the State of Washington (the "City"), owns, maintains and operates a solid waste utility system for the collection and disposal of garbage and recycling (the "Solid Waste System"); and WHEREAS, the Port Angeles Landfill (the "Landfill"), a municipal landfill owned by the City and operated as part of the Solid Waste System, is located on a bluff overlooking the Strait of Juan de Fuca; and WHEREAS, due to wave action along the shoreline of the Strait of Juan de Fuca, the bluff has eroded and continues to erode, resulting in failures of the bluff slope and refuse being deposited on the beach; and WHEREAS, in response to the erosion, the City has implemented a managed retreat of the Landfill away from the shoreline, which includes relocating refuse away from the bluff, modifying, improving, and reinforcing the existing seawall; and making other improvements and betterments to the Landfill (the "Project"); and H - 9 WHEREAS, the Project will be financed from funds from the Washington State Department of Ecology, proceeds of the City's Limited Tax General Obligation Bonds, 2014, other City funds, and other available sources; and WHEREAS, the City is authorized pursuant to chapters 35.92 and 39.46 RCW to issue revenue bonds payable from the operating revenues of the Solid Waste System for the purpose of financing a portion of the costs of the Project; and WHEREAS, after due consideration it appears to this City Council that it is in the best interest of the City to authorize the issuance and sale of solid waste utility revenue bonds to pay a portion of the costs of the Project, fund the debt service reserve account, capitalize interest on the bonds, and pay costs of issuance for the bonds, as set forth herein; and WHEREAS, this City Council wishes to delegate authority to the Chief Financial Officer (the "Designated Representative"), for a limited time, to approve the interest rates, maturity dates, redemption terms and principal maturities for the bonds within the parameters set by this ordinance; and WHEREAS, the City expects to receive a proposal from Piper Jaffray & Co. (the "Underwriter") and now desires to issue and sell the bonds to the Underwriter as set forth herein; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PORT ANGELES, WASHINGTON, DO ORDAIN, as follows: Section 1. Definitions and Interpretation of Terms. (a) Definitions. As used in this ordinance, the following words have the following meanings: H - 10 Accreted Value means: (i) with respect to any Capital Appreciation Bonds, as of the time of calculation, the sum of the amount representing the initial principal amount of such Capital Appreciation Bonds as set forth in the applicable Parity Bond Ordinance plus the interest accumulated, compounded and unpaid thereon as of the most recent compounding date, or (ii) with respect to original issue discount bonds under the Code, as of the time of calculation, the amount representing the initial public offering price of such original issue discount bonds plus the amount of the discounted principal which has accreted since the date of issue, determined in accordance with the provisions of the applicable Parity Bond Ordinance. Annual Debt Service, for any Fiscal Year or calendar year means the sum of: (a) the interest due in such year on all then outstanding Parity Bonds or Covered Bonds, as applicable, excluding, however, interest to be paid from the proceeds of Parity Bonds, (b) the principal of all then outstanding Parity Bonds or Covered Bonds, as applicable, that are Serial Bonds, due in such year, and (c) the Sinking Fund Requirement for all then outstanding Parity Bonds or Covered Bonds, as applicable, if any, for such year. For purposes of satisfying the Coverage Requirement and the Parity Requirement, Annual Debt Service for any Fiscal Year or calendar year shall exclude any Debt Service Offsets received or expected to be received in such Fiscal Year or calendar year. If the interest rate on any such bonds is other than a fixed rate, the rate applicable at the time of computation shall be used unless such rate is less than an interest rate equal to the yield to maturity equal to the higher of(i) the average of the SIFMA Municipal Swap Index over the 60 month period immediately preceding the date of computation, or (ii) the average of the H - 11 SIFMA Municipal Swap Index over the 12 month period immediately preceding the date of computation, as determined within ten days prior to the date of computation or, if such computation is being made in connection with the certificate required for the issuance of Future Parity Bonds, then within 10 days prior to the date of such certificate. Average Annual Debt Service means the sum of the Annual Debt Service for the remaining years to the last scheduled maturity of the applicable issue or issues of Parity Bonds divided by the number of those years, with any partial year treated as one year for this purpose. Bond Account means the special fund of the City known as the "Solid Waste Utility System Bond Account" created in the Revenue Fund pursuant to Section 10 of this ordinance for the payment of the principal of, mandatory sinking fund payments and interest on the Parity Bonds. Bond Purchase Contract means the contract for the purchase of the Bonds between the Underwriter and the City, executed pursuant to Section 15. Bond Register means the books or records maintained by the Bond Registrar for the purpose of registration of the Bonds. Bond Registrar means, initially the fiscal agency of the State of Washington, whose duties include registering and authenticating the Bonds, maintaining the Bond Register, effecting transfer of ownership of the Bonds, and paying the principal of, premium, if any, and interest on the Bonds. Bond Year means each one-year period that ends on the date selected by the City. The first and last Bond Years may be short periods. If no day is selected by the City before the earlier of the final maturity date of the Bonds or the date that is five years after the date of issuance of H - 12 the Bonds, Bond Years end on each anniversary of the date of issue and on the final maturity date of the Bonds. Bonds mean the City's Solid Waste Utility Revenue Bonds, 2014, authorized to be issued pursuant to this ordinance in the aggregate principal amount of not to exceed $9,200,000. Capital Appreciation Bonds means any Parity Bonds, all or a portion of the interest on which is compounded and accumulated at the rates or in the manner, and on the dates, set forth in the applicable Parity Bond Ordinance and is payable only upon redemption or on the maturity date of such Parity Bonds. Parity Bonds that are issued as Capital Appreciation Bonds, but later convert to obligations on which interest is paid periodically, shall be Capital Appreciation Bonds until the conversion date and thereafter shall no longer be Capital Appreciation Bonds, but shall be treated as having a principal amount equal to their Accreted Value on the conversion date. Capital Obligation under the Service Agreement shall mean the City's debt service obligation payable to Waste Connections, Inc. pursuant to the terms of the Service Agreement, as set forth in the Moderate Risk Waste Facility and Transfer Station Amortization Schedules attached as Exhibit C to the Service Agreement. Chief Financial Officer means the duly appointed and acting Chief Financial Officer of the City or the successor to the duties of that office. City means the City of Port Angeles, a municipal corporation duly organized and existing under the laws of the State of Washington. City Council means the Port Angeles City Council, as the general legislative body of the City as the same is duly and regularly constituted from time to time. Code means the federal Internal Revenue Code of 1986, as amended, and applicable regulations. H - 13 Commission means the United States Securities and Exchange Commission. Costs of Maintenance and Operation means all reasonable expenses incurred in causing the Solid Waste System to be operated and maintained in good repair, working order and condition, including without limitation: deposits, premiums, assessments or other payments for insurance, if any, on the Solid Waste System; payments into pension funds; State-imposed taxes; payments made to any other person or entity for the collection, transportation, treatment or disposal of solid waste or other commodity or service related to the Solid Waste System; and payments with respect to any other expenses of the Solid Waste System that are properly treated as operation and maintenance expenses under generally accepted accounting principles. Costs of Maintenance and Operation do not include any depreciation, amortization, or taxes levied or imposed by the City or payments to the City in lieu of taxes, or capital additions or capital replacements. Coverage Requirement means Net Revenue in each Fiscal Year at least equal to 125% of the Annual Debt Service payable on all Parity Bonds in such Fiscal Year. Furthermore, Revenue of the Solid Waste System and Costs of Maintenance and Operation may be adjusted, regardless of then applicable generally accepted accounting principles, for certain items (e.g., to omit unrealized gains or losses in investments) to reflect more fairly the Solid Waste System's annual operating performance. Covered Bonds mean the Bonds and those Future Parity Bonds designated in the ordinance authorizing their issuance as Covered Bonds secured by the Reserve Account. The City's Capital Obligation under the Service Agreement is not a Covered Bond secured by the Reserve Account. H - 14 Debt Service Account means the account of that name created in the Bond Account pursuant to Section 10 of this ordinance. Debt Service Offset means receipts of the City that are not included in Revenue of the Solid Waste System and that are legally available to pay debt service on Parity Bonds, including without limitation federal interest subsidy payments, designated as such by the City. Designated Representative means the Chief Financial Officer or his or her designee. DTC means The Depository Trust Company, New York, New York, a limited purpose trust company organized under the laws of the State of New York, as initial depository for the Bonds or any successor substitute depository for the Bonds. Financial Advisor means A. Dashen & Associates, or its successors. Fiscal Year means the fiscal year used by the City at any time. At the time of the passage of this ordinance, the Fiscal Year is the twelve-month period beginning January 1 of each year and ending December 31 of each year. Future Parity Bonds mean any revenue bonds, revenue warrants or other revenue obligations that may be issued in the future with a lien on Net Revenue to pay and secure the payment of the principal thereof and interest thereon equal to the lien created on Net Revenue to pay and secure the payment of the principal of and interest on the Outstanding Parity Obligations and the Bonds. Government Obligations means those obligations now or hereafter defined as such in chapter 39.53 RCW, as this chapter may be hereafter amended or restated. Landfill means the Port Angeles Landfill, a municipal landfill owned by the City and operated as part of the Solid Waste System. H - 15 Letter of Representations means the Blanket Issuer Letter of Representations given by the City to DTC, as amended from time to time. Maximum Annual Debt Service means, at the time of calculation, the maximum amount of Annual Debt Service that will become due in any Fiscal Year or calendar year on all then outstanding Parity Bonds or Covered Bonds, as applicable. Moody's means Moody's Investors Service Inc., a corporation duly organized and existing under and by virtue of the laws of the State of Delaware, or its successor. MSRB means the Municipal Securities Rulemaking Board or any successor to its functions. Net Proceeds, when used with reference to the Bonds, means the principal amount of such Bonds, plus accrued interest and original issue premium, if any, and less original issue discount, if any. Net Revenue means the Revenue of the Solid Waste System less the Costs of Maintenance and Operation. Outstanding Parity Obligations, as of the date of issue of the Bonds, means the City's Capital Obligation under the Service Agreement. Parity Bond Ordinance means an ordinance of the City that authorizes the issuance and sale and establishes the terms of a particular issue of Parity Bonds and other matters relating to the same plan of finance. Parity Bonds means the Outstanding Parity Obligations, the Bonds and any Future Parity Bonds. H - 16 Parity Requirement means, for each year that the Parity Bonds or Future Parity Bonds are scheduled to be outstanding, Net Revenue equal to or greater than 125% of Maximum Annual Debt Service for all Parity Bonds plus the Future Parity Bonds proposed to be issued. Private Person means the federal government or any natural person engaged in a trade or business or any trust, estate,partnership, association, company or corporation. Private Person Use means the use of property in a trade or business by a Private Person if such use is other than as a member of the general public. Private Person Use includes ownership of the property by the Private Person as well as other arrangements that transfer to the Private Person the actual or beneficial use of the property (such as a lease, management or incentive payment contract or other special arrangement) in such a manner as to set the Private Person apart from the general public. Use of property as a member of the general public includes attendance by the Private Person at municipal meetings or business rental of property to the Private Person on a day-to-day basis if the rental paid by such Private Person is the same as the rental paid by any Private Person who desires to rent the property. Use of property by nonprofit community groups or community recreational groups is not treated as Private Person Use if such use is incidental to the governmental uses of property, the property is made available for such use by all such community groups on an equal basis and such community groups are charged only a de minimis fee to cover custodial expenses. Professional Utility Consultant means the independent person(s) or firm(s) selected by the City having a favorable reputation for skill and experience with solid waste systems of comparable size and character to the Solid Waste System in such areas as are relevant to the purposes for which they are retained. H - 17 Project means certain improvements to the Solid Waste System, including but not limited to relocating refuse; modifying, improving, and reinforcing an existing seawall at the Landfill; and making other improvements and betterments to the Landfill. Project Account means the account created pursuant to Section 8 of this ordinance. Qualified Insurance means any unconditional municipal bond insurance policy or surety bond issued by any insurance company licensed to conduct an insurance business in any state of the United States or by a service corporation acting on behalf of one or more such insurance companies, which insurance company or service corporation, as of the time of issuance of such policy or surety bond, is then rated in one of the two highest rating categories by either Moody's or S&P, or any other rating agency then maintaining a rating on the Bonds. Qualified Letter of Credit means any irrevocable letter of credit issued by a bank for the account of the City and for the benefit of the owners of Parity Bonds, provided that such bank maintains an office, agency or branch in the United States, and provided further, that, as of the time of issuance of such letter of credit, such bank is then rated in one of the two highest rating categories by either Moody's or S&P, or any other rating agency then maintaining a rating on the Bonds. Registered Owner means the person named as the registered owner of a Bond in the Bond Register. For so long as the Bonds are held in book-entry only form, DTC or its nominee will be deemed to be the sole Registered Owner. Rate Stabilization Account means the account of that name maintained pursuant to Section 9 of this ordinance. Reserve Account means the account of that name in the Bond Account created pursuant to Section 10 of this ordinance. H - 18 Reserve Account Requirement is the dollar amount to be calculated with respect to all Covered Bonds and separately with respect to other Parity Bonds. (a) With respect to Covered Bonds, the Reserve Account Requirement shall be equal to the least of: (1) Maximum Annual Debt Service for Covered Bonds, (2) 10% of the initial principal amount of Covered Bonds of each series, and (3) 125% of Average Annual Debt Service for Covered Bonds; provided, however, that the dollar amount required to be contributed, if any, as a result of the issuance of a series of Future Parity Bonds shall not be greater than the Tax Maximum. If the dollar amount required to be contributed at the time of issuance of a series of Future Parity Bonds exceeds the Tax Maximum, then the amount required to be contributed shall be equal to the Tax Maximum. (b) With respect to other series of Parity Bonds, the Reserve Account Requirement shall be equal to the amount, if any, specified in the applicable Parity Bond Ordinance. Revenue or Revenue of the Solid Waste System means all of the earnings and revenues received by the City from the maintenance and operation of the Solid Waste System, including investment earnings, but excluding government grants, proceeds from the sale of System property, principal proceeds of bonds and earnings or proceeds from any investments in a trust, defeasance or escrow fund created to defease or refund System obligations, or held in a special account for the purpose of paying a rebate to the United States Government under the Code. Revenue of the Solid Waste System shall also include any federal or State reimbursements of operating expenses to the extent such expenses are included as Costs of Maintenance and Operation. H - 19 Revenue Fund means the special fund of the City known as the "Solid Waste Utility Fund" created in the office of the Chief Financial Officer. Rule means the Commission's Rule 15c2-12 under the Securities Exchange Act of 1934, as the same may be amended from time to time. S&P means Standard & Poor's Ratings Services, a New York limited liability company, its successors and their assigns. Serial Bonds means Parity Bonds maturing in specified years, for which no Sinking Fund Requirements are mandated. Service Agreement means that certain Solid Waste Processing Facility Development and Management Services Agreement dated April 5, 2005, by and between the City and Waste Connections, Inc., as previously amended and as may be amended from time to time hereafter. Sinking Fund Requirement means, for any Fiscal Year or calendar year, the principal amount of Term Bonds required to be purchased, redeemed or paid at maturity in such year as established by the Parity Bond Ordinance authorizing the issuance of such Term Bonds. Solid Waste System means the entire solid waste collection, transportation, and disposal system of the City, created by Ordinance No. 2317, as amended, together with all additions thereto and betterments and extensions thereof at any time made, acquired or constructed, together with any other utility systems of the City hereafter combined with the Solid Waste System. Tax Maximum means the maximum dollar amount permitted by the Code to be allocated to a bond reserve account from bond proceeds without requiring a balance to be invested at a restricted yield. H - 20 Term Bonds mean Parity Bonds of any principal maturity that are subject to mandatory redemption and for which mandatory sinking fund payments are required as provided in the applicable Parity Bond Ordinance. Underwriter means Piper Jaffray & Co., or its successors. (b) Interpretation. In this ordinance, unless the context otherwise requires: (1) The terms "hereby," "hereof," "hereto," "herein," "hereunder" and any similar terms, as used in this ordinance, refer to this ordinance as a whole and not to any particular article, section, subdivision or clause hereof, and the term "hereafter" shall mean after, and the term "heretofore" shall mean before, the date of this ordinance; (2) Words of the masculine gender shall mean and include correlative words of the feminine and neutral genders and words importing the singular number shall mean and include the plural number and vice versa; (3) Words importing persons shall include firms, associations, partnerships (including limited partnerships), trusts, corporations and other legal entities, including public bodies, as well as natural persons; (4) Any headings preceding the text of the several articles and sections of this ordinance, and any table of contents or marginal notes appended to copies hereof, shall be solely for convenience of reference and shall not constitute a part of this ordinance, nor shall they affect its meaning, construction or effect; and (5) All references herein to "articles," "sections" and other subdivisions or clauses are to the corresponding articles, sections, subdivisions or clauses hereof. Section 2. Adoption of Plan of Additions and Betterments. The City Council hereby finds that the public interest, welfare and convenience require certain improvements to the Solid H - 21 Waste System, including but not limited to relocating refuse; modifying, improving, and reinforcing an existing seawall; and making other improvements and betterments to the Landfill (the "Project") and that said improvements are legally required and/or economically sound, and will contribute to the conduct of the business of the Solid Waste System in an efficient manner. The City shall provide all equipment, connections and appurtenances together with all work as may be incidental and necessary to complete the Project. The Project facilities shall be integrated into the Solid Waste System as required to provide a fully operational facility. The City may make such changes in or additions to the Project or in the construction or design of other facilities of the Solid Waste System as may be found necessary or desirable. Implementation or completion of any specified improvement shall not be required if the City Council determines that, due to substantially changed circumstances, it has become advisable or impractical. If the Project has either been completed, or its completion duly provided for, or its completion found to be impractical, the City may apply the Bond proceeds or any portion thereof to other improvements to the Solid Waste System, as the City Council in its discretion shall determine. The City shall acquire by purchase, lease or condemnation, all property, both real and personal, or any interest therein, or rights-of-way and easements that may be found necessary to acquire, construct and install the Project. The estimated cost of this plan of additions and betterments and all costs incidental thereto (including costs of issuance of the Bonds and funding of the Reserve Account Requirement), is at least $19,000,000, a portion of which shall be provided out of the proceeds of the sale of the Bonds. H - 22 Section 3. Authorization and Description of Bonds. For the purpose of paying the costs of the Project, funding the Reserve Account, capitalizing interest on the Bonds, and paying costs of issuance of the Bonds, the City is hereby authorized to issue and sell solid waste utility revenue bonds in the aggregate principal amount of not to exceed $9,200,000 (the"Bonds"). The Bonds shall be designated "City of Port Angeles, Washington, Solid Waste Utility Revenue Bonds, 2014[ ]" with additional series designation or other designation as determined to be necessary by the Designated Representative. The Bonds shall be dated as of their date of delivery; shall be fully registered as to both principal and interest; shall be in the denomination of $5,000 each, or any integral multiple thereof, within a maturity; shall be numbered separately in such manner and with any additional designation as the Bond Registrar deems necessary for purposes of identification; and shall bear interest from their date payable on the dates and commencing as provided in the Bond Purchase Contract; and shall mature on the dates and in the principal amounts set forth in the Bond Purchase Contract and as approved by the Designated Representative pursuant to Section 15. The Bonds shall be obligations only of the Bond Account and the accounts held therein and shall be payable and secured as provided herein. The Bonds do not constitute an indebtedness or general obligation of the City within the meaning of the constitutional provisions and limitations of the state of Washington. Section 4. Registration, Exchange and Payments. (a) Bond Registrar/Bond Register. The City hereby specifies and adopts the system of registration approved by the Washington State Finance Committee from time to time through the appointment of state fiscal agencies. The City shall cause a bond register to be maintained by the Bond Registrar. So long as any Bonds remain outstanding, the Bond Registrar shall make all H - 23 necessary provisions to permit the exchange or registration or transfer of Bonds at its principal corporate trust office. The Bond Registrar may be removed at any time at the option of the Chief Financial Officer upon prior notice to the Bond Registrar and a successor Bond Registrar appointed by the Chief Financial Officer. No resignation or removal of the Bond Registrar shall be effective until a successor shall have been appointed and until the successor Bond Registrar shall have accepted the duties of the Bond Registrar hereunder. The Bond Registrar is authorized, on behalf of the City, to authenticate and deliver Bonds transferred or exchanged in accordance with the provisions of such Bonds and this ordinance and to carry out all of the Bond Registrar's powers and duties under this ordinance. The Bond Registrar shall be responsible for its representations contained in the Certificate of Authentication of the Bonds. (b) Registered Ownership. The City and the Bond Registrar, each in its discretion, may deem and treat the Registered Owner of each Bond as the absolute owner thereof for all purposes (except as provided in Section 16 of this ordinance), and neither the City nor the Bond Registrar shall be affected by any notice to the contrary. Payment of any such Bond shall be made only as described in Section 4(h), but such Bond may be transferred as herein provided. All such payments made as described in Section 4(h) shall be valid and shall satisfy and discharge the liability of the City upon such Bond to the extent of the amount or amounts so paid. (c) DTC Acceptance/Letters of Representations. The Bonds initially shall be held by DTC acting as depository. To induce DTC to accept the Bonds as eligible for deposit at DTC, the City has executed and delivered to DTC a Blanket Issuer Letter of Representations. Neither the City nor the Bond Registrar will have any responsibility or obligation to DTC participants or the persons for whom they act as nominees (or any successor depository) with respect to the Bonds in respect of the accuracy of any records maintained by DTC (or any successor depository) H - 24 or any DTC participant, the payment by DTC (or any successor depository) or any DTC participant of any amount in respect of the principal of or interest on Bonds, any notice which is permitted or required to be given to Registered Owners under this ordinance (except such notices as shall be required to be given by the City to the Bond Registrar or to DTC (or any successor depository)), or any consent given or other action taken by DTC (or any successor depository) as the Registered Owner. For so long as any Bonds are held by a depository, DTC or its successor depository or its nominee shall be deemed to be the Registered Owner for all purposes hereunder, and all references herein to the Registered Owners shall mean DTC (or any successor depository) or its nominee and shall not mean the owners of any beneficial interest in such Bonds. (d) Use of Depository. (1) The Bonds shall be registered initially in the name of "Cede & Co.", as nominee of DTC, with one Bond maturing on each of the maturity dates for the Bonds in a denomination corresponding to the total principal therein designated to mature on such date. Registered ownership of such Bonds, or any portions thereof, may not thereafter be transferred except (A) to any successor of DTC or its nominee, provided that any such successor shall be qualified under any applicable laws to provide the service proposed to be provided by it; (B) to any substitute depository appointed by the Chief Financial Officer pursuant to subsection (2) below or such substitute depository's successor; or (C) to any person as provided in subsection (4)below. (2) Upon the resignation of DTC or its successor (or any substitute depository or its successor) from its functions as depository or a determination by the Chief Financial Officer to discontinue the system of book entry transfers through DTC or its successor (or any substitute depository or its successor), the Chief Financial Officer may hereafter appoint a H - 25 substitute depository. Any such substitute depository shall be qualified under any applicable laws to provide the services proposed to be provided by it. (3) In the case of any transfer pursuant to clause(A) or (B) of subsection (1) above, the Bond Registrar shall, upon receipt of all outstanding Bonds, together with a written request on behalf of the Chief Financial Officer, issue a single new Bond for each maturity then outstanding, registered in the name of such successor or such substitute depository, or their nominees, as the case may be, all as specified in such written request of the Chief Financial Officer. (4) In the event that (A) DTC or its successor (or substitute depository or its successor) resigns from its functions as depository, and no substitute depository can be obtained, or(B) the Chief Financial Officer determines that it is in the best interest of the beneficial owners of the Bonds that such owners be able to obtain physical Bond certificates, the ownership of such Bonds may then be transferred to any person or entity as herein provided, and shall no longer be held by a depository. The Chief Financial Officer shall deliver a written request to the Bond Registrar, together with a supply of physical Bonds, to issue Bonds as herein provided in any authorized denomination. Upon receipt by the Bond Registrar of all then outstanding Bonds together with a written request on behalf of the Chief Financial Officer to the Bond Registrar, new Bonds shall be issued in the appropriate denominations and registered in the names of such persons as are requested in such written request. (e) Registration of Transfer of Ownership or Exchange; Change in Denominations. The transfer of any Bond may be registered and Bonds may be exchanged, but no transfer of any such Bond shall be valid unless it is surrendered to the Bond Registrar with the assignment form appearing on such Bond duly executed by the Registered Owner or such Registered Owner's duly H - 26 authorized agent in a manner satisfactory to the Bond Registrar. Upon such surrender, the Bond Registrar shall cancel the surrendered Bond and shall authenticate and deliver, without charge to the Registered Owner or transferee therefor, a new Bond (or Bonds at the option of the new Registered Owner) of the same date, maturity, and interest rate and for the same aggregate principal amount in any authorized denomination, naming as Registered Owner the person or persons listed as the assignee on the assignment form appearing on the surrendered Bond, in exchange for such surrendered and cancelled Bond. Any Bond may be surrendered to the Bond Registrar and exchanged, without charge, for an equal aggregate principal amount of Bonds of the same date, maturity, and interest rate, in any authorized denomination. The Bond Registrar shall not be obligated to register the transfer of or to exchange any Bond during the 15 days preceding any principal payment or redemption date. (f) Bond Registrar's Ownership of Bonds. The Bond Registrar may become the Registered Owner of any Bond with the same rights it would have if it were not the Bond Registrar, and to the extent permitted by law, may act as depository for and permit any of its officers or directors to act as a member of, or in any other capacity with respect to, any committee formed to protect the right of the Registered Owners or beneficial owners of Bonds. (g) Registration Covenant. The City covenants that, until all Bonds have been surrendered and canceled, it will maintain a system for recording the ownership of each Bond that complies with the provisions of Section 149 of the Code. (h) Place and Medium of Payment. Both principal of and interest on the Bonds shall be payable in lawful money of the United States of America. Interest on the Bonds shall be calculated on the basis of a year of 360 days and twelve 30-day months. For so long as all Bonds are held by a depository, payments of principal thereof and interest thereon shall be made as H - 27 provided in accordance with the operational arrangements of DTC referred to in the Letter of Representations. In the event that the Bonds are no longer held by a depository, interest on the Bonds shall be paid by check or draft mailed to the Registered Owners at the addresses for such Registered Owners appearing on the Bond Register on the fifteenth day of the month preceding the interest payment date, or upon the written request of a Registered Owner of more than $1,000,000 of Bonds (received by the Bond Registrar at least 15 days prior to the applicable payment date), such payment shall be made by the Bond Registrar by wire transfer to the account within the United States designated by the Registered Owner. Principal of the Bonds shall be payable upon presentation and surrender of such Bonds by the Registered Owners at the principal office of the Bond Registrar. Section 5. Redemption, Purchase of Bonds. (a) Mandatory Redemption of Term Bonds and Optional and Extraordinary Optional Redemption, if any. The Bonds shall be subject to optional redemption and extraordinary optional redemption on the dates, at the prices and under the terms set forth in the Bond Purchase Contract approved by the Designated Representative pursuant to Section 15. The Bonds shall be subject to mandatory redemption to the extent, if any, set forth in the Bond Purchase Contract and as approved by the Designated Representative pursuant to Section 15. (b) Purchase of Bonds. The City reserves the right to use at any time any surplus Revenue of the Solid Waste System, or other available funds, to purchase for retirement any of the Bonds at any price deemed reasonable by the City. (c) Selection of Bonds for Redemption. For as long as the Bonds are held in book-entry only form, the selection of particular Bonds within a maturity to be redeemed shall be made in accordance with the operational arrangements then in effect at DTC. If the Bonds are no H - 28 longer held by a depository, the selection of such Bonds to be redeemed and the surrender and reissuance thereof, as applicable, shall be made as provided in the following provisions of this subsection (c). If the City redeems at any one time fewer than all of the Bonds having the same maturity date, the particular Bonds or portions of Bonds of such maturity to be redeemed shall be selected by lot (or in such manner determined by the Bond Registrar)in increments of$5,000. In the case of a Bond of a denomination greater than $5,000, the City and the Bond Registrar shall treat each Bond as representing such number of separate Bonds each of the denomination of $5,000 as is obtained by dividing the actual principal amount of such Bond by $5,000. In the event that only a portion of the principal sum of a Bond is redeemed, upon surrender of such Bond at the principal office of the Bond Registrar there shall be issued to the Registered Owner, without charge therefor, for the then unredeemed balance of the principal sum thereof, at the option of the Registered Owner, a Bond or Bonds of like maturity and interest rate in any of the denominations herein authorized. (d) Notice of Redemption. (1) Official Notice. For so long as the Bonds are held in by a depository, notice of redemption shall be given in accordance with the operational arrangements of DTC as then in effect, and neither the City nor the Bond Registrar will provide any notice of redemption to any beneficial owners. The notice of redemption may be conditional. Thereafter (if the Bonds are no longer held by a depository), notice of redemption shall be given in the manner hereinafter provided. Unless waived by any owner of Bonds to be redeemed, official notice of any such redemption (which redemption may be conditioned by the Bond Registrar on the receipt of sufficient funds for redemption or otherwise) shall be given by the Bond Registrar on behalf of the City by mailing a copy of an official redemption notice by first class mail at least 20 days and H - 29 not more than 60 days prior to the date fixed for redemption to the Registered Owner of the Bond or Bonds to be redeemed at the address shown on the Bond Register or at such other address as is furnished in writing by such Registered Owner to the Bond Registrar. All official notices of redemption shall be dated and shall state: (A) the redemption date, (B) the redemption price, (C) if fewer than all outstanding Bonds are to be redeemed, the identification by maturity (and, in the case of partial redemption, the respective principal amounts) of the Bonds to be redeemed, (D) that unless conditional notice of redemption has been given and such conditions have either been satisfied or waived, on the redemption date the redemption price will become due and payable upon each such Bond or portion thereof called for redemption, and that interest thereon shall cease to accrue from and after said date, and (E) the place where such Bonds are to be surrendered for payment of the redemption price, which place of payment shall be the principal office of the Bond Registrar. On or prior to any redemption date, unless such redemption has been rescinded or revoked, the City shall deposit with the Bond Registrar an amount of money sufficient to pay the redemption price of all the Bonds or portions of Bonds which are to be redeemed on that date. The City retains the right to rescind any redemption notice and the related optional redemption of Bonds by giving notice of rescission to the affected registered owners at any time on or prior to the scheduled redemption date. Any notice of optional redemption that is so rescinded shall be of no effect, and the Bonds for which the notice of optional redemption has been rescinded shall remain outstanding. H - 30 (2) Effect of Notice; Bonds Due. If an unconditional notice of redemption has been given or if the conditions set forth in a conditional notice of redemption have been satisfied or waived, the Bonds or portions of Bonds to be redeemed shall, on the redemption date, become due and payable at the redemption price therein specified, and from and after such date such Bonds or portions of Bonds shall cease to bear interest. Upon surrender of such Bonds for redemption in accordance with said notice, such Bonds shall be paid by the Bond Registrar at the redemption price. Installments of interest due on or prior to the redemption date shall be payable as herein provided for payment of interest. All Bonds which have been redeemed shall be canceled by the Bond Registrar and shall not be reissued. (3) Additional Notice. In addition to the foregoing notice, further notice shall be given by the City as set out below, but no defect in said further notice nor any failure to give all or any portion of such further notice shall in any manner defeat the effectiveness of a call for redemption if notice thereof is given as above prescribed. Each further notice of redemption given hereunder shall contain the information required above for an official notice of redemption plus (A) the CUSIP numbers of all Bonds being redeemed; (B) the date of issue of the Bonds as originally issued; (C)the rate of interest borne by each Bond being redeemed; (D) the maturity date of each Bond being redeemed; and (E) any other descriptive information needed to identify accurately the Bonds being redeemed. Each further notice of redemption may be sent at least 20 days before the redemption date to each party entitled to receive notice pursuant to Section 16 and with such additional information as the City shall deem appropriate, but such mailings shall not be a condition precedent to the redemption of such Bonds. (4) Amendment of Notice Provisions. The foregoing notice provisions of this Section 5, including but not limited to the information to be included in redemption notices and H - 31 the persons designated to receive notices, may be amended by additions, deletions and changes in order to maintain compliance with duly promulgated regulations and recommendations regarding notices of redemption of municipal securities. Section 6. Form of Bonds. The Bonds shall be in substantially the following form: UNITED STATES OF AMERICA NO. $ STATE OF WASHINGTON CITY OF PORT ANGELES SOLID WASTE UTILITY REVENUE BOND, 2014 INTEREST RATE: MATURITY DATE: CUSIP NO.: REGISTERED OWNER: CEDE& CO. PRINCIPAL AMOUNT: Dollars The City of Port Angeles, Washington (the "City"), a municipal corporation of the State of Washington, for value received hereby promises to pay to the Registered Owner identified above, or registered assigns, on the Maturity Date set forth above the Principal Amount set forth above, and to pay interest thereon from the date hereof, or the most recent date to which interest has been paid or duly provided for, at the Interest Rate set forth above payable on the first days of each and , commencing on Both principal of and interest on this bond are payable in lawful money of the United States of America. Interest and principal shall be paid as provided in the Blanket Issuer Letter of Representations (the "Letter of Representations") by the City to The Depository Trust Company ("DTC"). The fiscal agency of the State of Washington has been appointed by the City as the authenticating agent,paying agent and registrar for the bonds of this issue (the "Bond Registrar"). Capitalized terms used in this bond that are not specifically defined have the meanings given such terms in Ordinance No. of the City adopted on June 3, 2014 (the "Bond Ordinance"). Reference is made to the Bond Ordinance and any and all modifications and amendments thereto for a description of the nature and extent of the security for the bonds of this issue, the funds or revenues pledged, and the terms and conditions upon which such bonds are issued. This bond is one of a series of bonds in the aggregate principal amount of$ (the "Bonds"), issued pursuant to the Bond Ordinance, to finance costs related to (a) improving and stabilizing the Port Angeles Landfill, (b) funding the Reserve Account, (c) capitalizing interest on the Bonds, and(d)paying costs of issuing the Bonds. H - 32 The principal of and interest on the Bonds are payable solely out of the special fund of the City known as the "Solid Waste Utility System Bond Account" (the "Bond Account"). The Bonds are special limited obligations of the City and are not obligations of the State of Washington or any political subdivision thereof other than the City, and neither the full faith and credit nor the taxing power of the City or the State of Washington is pledged to the payment of the Bonds. Under the Bond Ordinance, the City is obligated to set aside and pay into the Debt Service Account out of Revenue of the Solid Waste System certain fixed amounts sufficient to pay when due the principal of and interest and premium, if any, on the Bonds and all other Parity Bonds. To the extent provided by the Bond Ordinance, the amounts pledged to be paid from Revenue into the Bond Account and accounts therein are a lien and charge thereon equal in rank to the lien and charge upon Revenue of the amounts required to pay and secure the payment of the Outstanding Parity Obligations and any Future Parity Bonds that the City may issue hereafter, and superior to all other liens and charges of any kind or nature, except the Costs of Maintenance and Operation of the Solid Waste System. The Bond Ordinance sets forth covenants of the City to secure the payment of Parity Bonds, including but not limited to covenants relating to rates and charges of the Solid Waste System, operations of the Solid Waste System, and the issuance of Future Parity Bonds. The Bonds are subject to redemption prior to maturity as provided in the Bond Purchase Contract. The Bonds may be transferred and exchanged upon surrender to the Bond Registrar as provided in the Bond Ordinance. The Bonds are not "private activity bonds" as such term is defined in the Internal Revenue Code of 1986, as amended (the "Code"). The City has not designated the Bonds as "qualified tax-exempt obligations"within the meaning of Section 265(b)(3)(B) of the Code. This bond will not be valid or become obligatory for any purpose or be entitled to any security or benefit under the Bond Ordinance until the Certificate of Authentication hereon has been manually signed by the Bond Registrar. It is hereby certified, recited and declared that all acts, conditions and things required by the Constitution and statutes of the state of Washington to exist, to have happened and to have been performed precedent to and in the issuance of this bond do exist, have happened and have been performed in due time, form and manner as prescribed by law. IN WITNESS WHEREOF, the City of Port Angeles, Washington, has caused this bond to be signed by the manual or facsimile signature of its Mayor, attested by the manual or facsimile signature of the City Clerk, and seal of the City to be impressed or reproduced hereon, all as of , 2014. CITY OF PORT ANGELES, WASHINGTON ( SEAL) By [Manual or Facsimile Signature] Mayor H - 33 Attest: [Manual or Facsimile Signature] City Clerk CERTIFICATE OF AUTHENTICATION Date of Authentication: This is one of the Solid Waste Utility Revenue Bonds, 2014[ ], of the City of Port Angeles, Washington, dated 2014, as described in the within mentioned Bond Ordinance. WASHINGTON STATE FISCAL AGENT, as Registrar By THE BANK OF NEW YORK MELLON TRUST COMPANY, N.A., as subcontractor to The Bank of New York Mellon, fiscal agent for the State of Washington By Authorized Officer Section 7. Execution of Bonds. The Bonds shall be executed on behalf of the City by the facsimile or manual signatures of the Mayor and the City Clerk and shall have the seal of the City impressed or a facsimile thereof imprinted, or otherwise reproduced thereon. In the event any officer who shall have signed or whose facsimile signatures appear on any of the Bonds shall cease to be such officer of the City before said Bonds shall have been authenticated or delivered by the Bond Registrar or issued by the City, such Bonds may nevertheless be authenticated, delivered and issued and, upon such authentication, delivery and issuance, shall be as binding upon the City as though said person had not ceased to be such officer. Any Bond may be signed and attested on behalf of the City by such persons who, at the actual date of execution of such Bond shall be the proper officer of the City, although at the original date of such Bond such persons were not such officers of the City. H - 34 Only such Bonds as shall bear thereon a Certificate of Authentication manually executed by an authorized representative of the Bond Registrar shall be valid or obligatory for any purpose or entitled to the benefits of this ordinance. Such Certificate of Authentication shall be conclusive evidence that the Bonds so authenticated have been duly executed, authenticated and delivered hereunder and are entitled to the benefits of this ordinance. Section 8. Application of Bond Proceeds. The Chief Financial Officer is hereby authorized to create a Project Account, and subaccounts therein as necessary, for the purposes set forth in this section. A portion of the proceeds of the Bonds shall be deposited in the Project Account in the amounts specified in the closing memorandum prepared in connection with the issuance of the Bonds. Such proceeds shall be used to pay or reimburse the City for the costs of the Project, to capitalize interest on the Bonds, and to pay costs of issuance of the Bonds. The Chief Financial Officer shall invest money in the Project Account and the subaccounts contained therein in such obligations as may now or hereafter be permitted to cities of the State by law and which will mature prior to the date on which such money shall be needed. Upon completion of the Project, Bond proceeds (including interest earnings thereon) may be used for other approved capital projects of the Solid Waste System as approved by the City Council or shall be transferred to the Debt Service Account to pay principal on the Bonds. The City may deposit proceeds of the Bonds or other available funds of the City in the Reserve Account to meet the requirements of Section 10 hereof, or alternatively, may acquire Qualified Insurance or a Qualified Letter of Credit to satisfy such requirement. H - 35 Section 9. Revenue Fund, Priority of Application of Revenue, Rate Stabilization Account . (a) Revenue Fund. All Revenue of the Solid Waste System shall be deposited in the "Solid Waste Utility Fund" (the "Revenue Fund"). The City shall maintain the Revenue Fund as a separate enterprise fund of the City. Notwithstanding the foregoing, the Chief Financial Officer may maintain such separate funds and accounts in such names and under such additional designations as shall be required to comply with City practices and/or the uniform system of accounting established by the State Auditor from time to time. (b) Priority of Application of Revenue of the Solid Waste System. The Revenue Fund shall be held separate and apart from all other funds and accounts of the City, and the Revenue of the Solid Waste System deposited in such Fund shall be used only for the following purposes and in the following order of priority: FIRST, to pay the Costs of Maintenance and Operation of the Solid Waste System; SECOND, to pay interest on Parity Bonds when due, including reimbursements to the issuer of a Qualified Letter of Credit or Qualified Insurance if the Qualified Letter of Credit or Qualified Insurance secures the payment of interest on Parity Bonds and the applicable Parity Bond Ordinance provides for such reimbursement; THIRD, to pay the principal of Parity Bonds as it comes due at maturity or as the principal is required to be paid to satisfy any Sinking Fund Requirements, including reimbursements to the issuer of a Qualified Letter of Credit or Qualified Insurance if the Qualified Letter of Credit or Qualified Insurance secures the payment of principal of Parity Bonds and the applicable Parity Bond Ordinance provides for such reimbursement; H - 36 FOURTH, to make all payments required to be made into the Reserve Account for Covered Bonds and to any other reserve account created in the future for the payment of debt service on Future Parity Bonds, including reimbursements to the issuer of a Qualified Letter of Credit or Qualified Insurance if the Qualified Letter of Credit or Qualified Insurance has been issued to fund the Reserve Account Requirement and/or any other reserve requirement(s) for any Future Parity Bonds and the applicable Parity Bond Ordinance provides for such reimbursement; FIFTH, to make all payments required to be made into any revenue bond redemption fund or revenue warrant redemption fund and debt service fund or reserve account created to pay and secure the payment of the principal of and interest on loans and any other revenue bonds or revenue warrants of the City having a lien upon the Revenue of the Solid Waste System junior and inferior to the lien thereon for the payment of the principal of and interest on Parity Bonds; and SIXTH, to retire by redemption or purchase any outstanding revenue bonds or revenue warrants of the City, to make transfers into the Rate Stabilization Account, to make necessary additions, betterments, improvements and repairs to or extensions and replacements of the Solid Waste System, and for any other lawful City purposes, in the order of priority as determined by the City. The City may transfer any money from any funds or accounts of the Solid Waste System legally available therefor, except bond redemption funds, refunding escrow funds or defeasance funds, to meet the required payments to be made into the Bond Account. (c) Rate Stabilization Account. The Chief Financial Officer is hereby authorized to create a Rate Stabilization Account within the Revenue Fund. The City hereby determines that the maintenance of a Rate Stabilization Account will moderate fluctuations in Net Revenue and H - 37 help to alleviate the need for short-term rate adjustments. Money in the Rate Stabilization Account will be transferred as determined from time to time by the City. The City may make payments into the Rate Stabilization Account from the Revenue Fund at any time. Money in the Rate Stabilization Account may be withdrawn at any time and used for the purpose for which the Revenue of the Solid Waste System may be used. Amounts withdrawn from the Rate Stabilization Account shall increase Revenue of the Solid Waste System for the Fiscal Year in which they are withdrawn, and amounts deposited in the Rate Stabilization Account shall reduce Revenue of the Solid Waste System for the Fiscal Year during which they are deposited. Deposits into or withdrawals from the Rate Stabilization Account that occur within 90 days after the end of a Fiscal Year may be treated as occurring within such Fiscal Year. Earnings on the Rate Stabilization Account shall be deposited into the Revenue Fund. Section 10. Bond Account, Debt Service Account, Reserve Account. The Chief Financial Officer is hereby authorized to establish the "Solid Waste Utility System Bond Account" in the Revenue Fund for the payment of the debt service on all Parity Bonds (the "Bond Account"). The Chief Financial Officer is also hereby authorized to establish the "Reserve Account" (the "Reserve Account") within the Bond Account as a common reserve, securing the payment of the Covered Bonds. (a) Debt Service Account. A special account known as the Debt Service Account is hereby authorized to be created in the Bond Account for the purpose of paying the principal of, premium, if any, and interest on the Parity Bonds. As long as any of the Bonds remain outstanding, the City hereby irrevocably obligates and binds itself to set aside and pay from the Revenue Fund into the Debt Service Account, on or before the date due, those amounts necessary, together with Revenue of the Solid Waste System H - 38 collected and deposited and such other money as is on hand and available therefor in the Debt Service Account, to pay the interest or principal and interest next coming due on the then outstanding Parity Bonds. The City covenants and agrees that if it issues any Future Parity Bonds that are Term Bonds, it will provide in the applicable Parity Bond Ordinance for annual payments to be made from the Revenue Fund into the Debt Service Account sufficient, together with Revenue of the Solid Waste System collected and deposited and such other money as is on hand and available therefor in such account, to amortize the principal of future Parity Bonds that are Term Bonds on or before the maturity date thereof. (b) Reserve Account. The Reserve Account shall be maintained for the purpose of securing the payment of the principal of and interest on the Covered Bonds. The City hereby covenants and agrees that it will satisfy the Reserve Account Requirement for the Bonds by depositing into the Reserve Account proceeds of the Bonds, other available funds, or Qualified Insurance in an amount that will be sufficient to satisfy the Reserve Account Requirement with respect to the Bonds. The City further covenants and agrees that if it issues any Future Parity Bonds that are Covered Bonds it will provide in the applicable Parity Bond Ordinance that within three years of the date of issuance of the Future Parity Bonds money will be deposited into the Reserve Account, from proceeds of such bonds or other funds available therefor, so that the total amount of money in the Reserve Account will at least equal the Reserve Account Requirement. The City may substitute Qualified Insurance or a Qualified Letter of Credit for amounts required to be deposited into or amounts then on deposit in the Reserve Account at any time. H - 39 The Reserve Account Requirement may be recalculated at any time. Whenever there is a sufficient amount in the Bond Account, including the Reserve Account, to pay the principal of and interest on all outstanding Covered Bonds, the money in the Reserve Account may be used to pay such principal and interest. As long as the money left remaining on deposit in the Reserve Account is equal to the Reserve Account Requirement, money in the Reserve Account may be transferred at any time to the Debt Service Account and used to pay the principal of and interest on Covered Bonds as the same becomes due and payable. The City also may transfer out of the Reserve Account any money required in order to prevent any Parity Bonds from becoming "arbitrage bonds"under the Code. If a deficiency in the Debt Service Account for the payment of debt service on Covered Bonds shall occur, such deficiency shall be made up from amounts on deposit in the Reserve Account. Any such deficiency shall first be made up by the withdrawal of cash in the Reserve Account and by the sale or redemption of obligations held in the Reserve Account (in such amounts as will provide cash in the Reserve Account sufficient to make up any such deficiency with respect to such Covered Bonds) and second, by a draw from any Qualified Letter of Credit or Qualified Insurance for such Covered Bonds. Such draw shall be made at such times and under such conditions as provided in the agreement for such Qualified Letter of Credit or Qualified Insurance. Any deficiency created in the Reserve Account by reason of any such withdrawal shall then be made up within 12 months of the date of withdrawal from Net Revenue (or out of any other moneys on hand legally available for such purpose), after making necessary provision for the payments required to be made into the Debt Service Account within such year. H - 40 Any Qualified Letter of Credit or Qualified Insurance shall not be cancelable on less than 30 days' notice to the City. In the event of any cancellation, the Reserve Account shall be funded as if the Covered Bonds that remain outstanding had been issued on the date of such notice of cancellation. In the event that the City elects to meet the Reserve Account Requirement through the use of a Qualified Letter of Credit or Qualified Insurance, the City may contract with the entity providing such Qualified Letter of Credit or Qualified Insurance that the City's reimbursement obligation, if any, to such entity shall be made in accordance with the provisions of Section 9(b). (c) Priority of Lien of Payments into Bond Account. The amounts so pledged to be paid into the Bond Account from the Revenue Fund are hereby declared to be a prior lien and charge upon the Revenue of the Solid Waste System superior to all other charges of any kind or nature whatsoever except the Costs of Maintenance and Operation of the Solid Waste System, and except that the amounts so pledged are of equal lien to the charges upon such Revenue of the Solid Waste System for the payment of the principal of and interest on any Future Parity Bonds. (d) Application and Investment of Moneys in the Bond Account. Money in the Bond Account may be kept in cash or invested as permitted by law. Investments in the Debt Service Account shall mature or have a guaranteed redemption price prior to maturity prior to the date on which such money shall be needed for required interest or principal payments. Investments in the Reserve Account shall mature or have a guaranteed redemption price prior to maturity not later than the last maturity of any then outstanding Parity Bonds. (e) Sufficiency of Revenues. The City Council hereby finds that in fixing the amounts to be paid into the Bond Account and the accounts held therein out of the Revenue of the Solid Waste System, it has exercised due regard for the Costs of Maintenance and Operation and has H - 41 not obligated the City to set aside and pay into the Bond Account a greater amount of such Revenue than in its judgment will be available over and above the Costs of Maintenance and Operation. Section 11. Covenants and Agreements. The City hereby covenants with the owner of each of the Bonds for as long as any of the same remain outstanding as follows: (a) Operation and Maintenance. It will at all times maintain, preserve and keep the properties of the Solid Waste System in good repair, working order and condition, will make all necessary and proper additions, betterments, renewals and repairs thereto, and improvements, replacements and extensions thereof, and will at all times operate or cause to be operated the properties of the Solid Waste System and the business in connection therewith in an efficient manner and at a reasonable cost. (b) Establishment and Collection of Rates and Charges. It will establish, maintain and collect rates and charges for the collection and disposal of garbage and recycling service and for all other utility services that will be fair and equitable, and will adjust those rates and charges from time to time so that: (1) The Revenue of the Solid Waste System will be sufficient (i) to pay all Costs of Maintenance and Operation, (ii) to pay when due all amounts that the City is obligated to pay into the Bond Account and the accounts therein, and (iii) to pay all taxes, assessments or other governmental charges lawfully imposed on the Solid Waste System or the revenue therefrom or payments in lieu thereof and any and all other amounts which the City may now or hereafter become obligated to pay from the Revenue of the Solid Waste System by law or contract; and H - 42 (2) The Net Revenue of the Solid Waste System in each Fiscal Year will be at least equal to the Coverage Requirement. The failure of the City to satisfy the Coverage Requirement as required by subparagraph (2) of this paragraph (b) shall not be an event of default of this ordinance if the City promptly retains a Professional Utility Consultant to recommend to the City Council adjustments in the rates of the Solid Waste System necessary to meet the requirements of that subparagraph and if the City Council adopts the recommended modifications within 180 days of the date the failure became known to the City Council. (c) Sale, Transfer or Disposition of the Solid Waste System. The City will not sell or otherwise dispose of the Solid Waste System in its entirety unless simultaneously with such sale or other disposition the City provides for payment into the Debt Service Account of cash or Government Obligations sufficient together with interest to be earned thereon to pay the principal of and interest on the then outstanding Parity Bonds, nor will the City sell or otherwise dispose of any part of the useful operating properties of the Solid Waste System unless the City replaces such properties or provides for payment into the Debt Service Account of the greater of: (1) An amount that will be in the same proportion to the net amount of Parity Bonds then outstanding (defined as the total amount of the Parity Bonds less the amount of cash and investments in the Debt Service Account) that the Net Revenue from the portion of the Solid Waste System sold or disposed of for the preceding year bears to the total Net Revenue for such period; or (2) An amount that will be in the same proportion to the net amount of Parity Bonds then outstanding (as defined in (1) above) that the book value of the part of the Solid H - 43 Waste System sold or disposed of bears to the book value of the entire System immediately prior to such sale or disposition. The proceeds of any such sale or disposition of a portion of the properties of the Solid Waste System (to the extent required above) shall be paid into the Debt Service Account. Notwithstanding any other provision of this subsection, the City may sell or otherwise dispose of any of the works, plant, properties, equipment, and facilities of the Solid Waste System or any real or personal property comprising a part of the same with a value less than 5% of the net utility plant of the Solid Waste System or that has become unserviceable, inadequate, obsolete or unfit to be used in the operation of the Solid Waste System, or no longer necessary, material to or useful in such operation, without making any deposit into the Debt Service Account. (d) Liens Upon the Solid Waste System. Except as otherwise provided in this ordinance, it will not at any time create or permit to accrue or to exist any lien or other encumbrance or indebtedness upon the Revenue of the Solid Waste System or any part thereof, prior or superior to the lien thereon for the payment of the Parity Bonds, and will pay and discharge, or cause to be paid and discharged, any and all lawful claims for labor, materials or supplies which, if unpaid, might become a lien or charge upon the Revenue of the Solid Waste System or any part thereof, prior or superior to, or on a parity with, the lien of the Parity Bonds, or which might impair the security of the Parity Bonds. (e) Books and Accounts. The City will maintain complete books and records relating to the operation of the Solid Waste System and its financial affairs, and will cause such books and records to be audited annually, and cause to be prepared an annual financial and operating statement, which statement will be mailed to any owner of Parity Bonds upon request. H - 44 (f) Collection of Delinquent Accounts. The City will promptly collect all service charges, determine in a timely manner all delinquencies, and take all necessary legal action to enforce collection of such delinquencies. (g) Maintenance of Insurance. It at all times will carry fire and extended coverage, public liability and property damage and such other forms of insurance with responsible insurers and with policies payable to the City on such of the buildings, equipment, works,plants, facilities and properties of the Solid Waste System as are ordinarily carried by municipal or privately owned utilities engaged in the operation of like systems, and against such claims for damages as are ordinarily carried by municipal or privately owned utilities engaged in the operation of like systems, or it will self-insure or will participate in an insurance pool or pools with reserves adequate, in the reasonable judgment of the City, to protect the Solid Waste System and the owners of the Parity Bonds against loss. (h) No Free Service. Except as permitted by legislation of the City Council or other law, the City will not furnish any service of the Solid Waste System to any customer whatsoever free of charge. Section 12. Tax Covenants. The City covenants that it will not take or permit to be taken on its behalf any action that would adversely affect the exemption from federal income taxation of the interest on the Bonds and will take or require to be taken such acts as may reasonably be within its ability and as may from time to time be required under applicable law to continue the exemption from federal income taxation of the interest on the Bonds. (a) Arbitrage Covenant. Without limiting the generality of the foregoing, the City covenants that it will not take any action or fail to take any action with respect to the proceeds of sale of the Bonds or any other funds of the City which may be deemed to be proceeds of the H - 45 Bonds pursuant to Section 148 of the Code and the regulations promulgated thereunder which, if such use had been reasonably expected on the date of delivery of the Bonds to the initial purchasers thereof, would have caused the Bonds to be "arbitrage bonds" within the meaning of such term as used in Section 148 of the Code. The City represents that it has not been notified of any listing or proposed listing by the Internal Revenue Service to the effect that it is an issuer whose arbitrage certifications may not be relied upon. The City will comply with the requirements of Section 148 of the Code and the applicable regulations thereunder throughout the term of the Bonds. (b) Private Person Use Limitation. The City covenants that for as long as the Bonds are outstanding, it will not permit: (1) More than 10% of the Net Proceeds of the Bonds to be used for any Private Person Use; and (2) More than 10% of the principal or interest payments on the Bonds in a Bond Year to be directly or indirectly: (A) secured by any interest in property used or to be used for any Private Person Use or secured by payments in respect of property used or to be used for any Private Person Use, or (B) derived from payments (whether or not made to the City) in respect of property, or borrowed money, used or to be used for any Private Person Use. The City further covenants that, if: (3) More than five percent of the Net Proceeds of the Bonds are to be used for any Private Person Use; and (4) More than five percent of the principal or interest payments on the Bonds in a Bond Year are (under the terms of this ordinance or any underlying arrangement) directly or indirectly: H - 46 (A) secured by any interest in property used or to be used for any Private Person Use or secured by payments in respect of property used or to be used for any Private Person Use, or (B) derived from payments (whether or not made to the City)in respect of property, or borrowed money, used or to be used for any Private Person Use, then, (i) any Private Person Use of the projects described in subsection (3) hereof or Private Person Use payments described in subsection (4) hereof that is in excess of the five percent limitations described in such subsections (3) or(4)will be for a Private Person Use that is related to the state or local governmental use of the projects financed and/or refinanced with the Bonds, and (ii) any Private Person Use will not exceed the amount of Net Proceeds of the Bonds used for the state or local governmental use portion of the projects to which the Private Person Use of such portion of the projects relates. The City further covenants that it will comply with any limitations on the use of the projects financed and/or refinanced with the Bonds by other than state and local governmental users that are necessary, in the opinion of nationally recognized bond counsel, to preserve the tax exemption of the interest on the Bonds. (c) Modification of Tax Covenants. The covenants of this section are specified solely to assure the continued exemption from regular income taxation of the interest on the Bonds. To that end, the provisions of this section may be modified or eliminated without any requirement for formal amendment thereof upon receipt of an opinion of nationally recognized bond counsel that such modification or elimination will not adversely affect the tax exemption of interest on any Bonds. Section 13. Defeasance. In the event that the City, to effect the payment, retirement or redemption of any Bond, sets aside in the Debt Service Account or in another special account, H - 47 cash or noncallable Government Obligations, or any combination of cash and/or noncallable Government Obligations, in amounts and maturities which, together with the known earned income therefrom, are sufficient to redeem or pay and retire such Bond in accordance with its terms and to pay when due the interest and redemption premium, if any, thereon, and such cash and/or noncallable Government Obligations are irrevocably set aside and pledged for such purpose, then no further payments need be made into the Debt Service Account for the payment of the principal of and interest on such Bond. The owner of a Bond so provided for shall cease to be entitled to any lien, benefit or security of this ordinance except the right to receive payment of principal, premium, if any, and interest from the Debt Service Account or such special account, and such Bond shall be deemed to be not outstanding under this ordinance. In the event that the refunding plan provides that the Bonds being refunded or the refunding bonds to be issued be secured by money and/or Government Obligations pending the prior redemption of those Bonds being refunded and if such refunding plan also provides that certain money and/or Government Obligations are pledged irrevocably for the prior redemption of those Bonds included in the refunding plan, then only the debt service on the Bonds which are not defeased Bonds and the refunding bonds, the payment of which is not so secured by the refunding plan, shall be included in any computation of the Coverage Requirement or the Parity Requirement. The City shall give written notice of defeasance to the owners of all Bonds so provided for within 30 days after the defeasance and to each party entitled to receive notice in accordance with Section 16. H - 48 Section 14. Issuance of Future Parity Bonds. (a) Conditions upon the Issuance of Future Parity Bonds. Except as provided below, the City shall not issue any series of Future Parity Bonds or incur any additional indebtedness with a lien or charge on Net Revenue equal to the lien and charge thereon of the Parity Bonds at the time outstanding unless: (1) the City shall not have been in default in satisfying the Coverage Requirement for the immediately preceding Fiscal Year; (2) the Parity Bond Ordinance authorizing the issuance of such Future Parity Bonds includes the covenants provided in Section 11 hereof, (3) the Parity Bond Ordinance provides (i) with respect to Future Parity Bonds that are Term Bonds, for annual payments to be made from the Revenue Fund to the Debt Service Account as provided in Section 10(a) of this ordinance, and (ii) with respect to Future Parity Bonds that are Covered Bonds, that the Reserve Account Requirement shall be funded no later than three years from the date of delivery of the Future Parity Bonds as provided in Section 10(b) of this ordinance; and (4) except as otherwise provided in subsection (b) below, there shall have been filed a certificate (prepared as described in subsection (c) or (d) below) demonstrating fulfillment of the Parity Requirement, commencing with the first full Fiscal Year following the date on which any portion of interest on the series of Future Parity Bonds then being issued no longer will be paid from the proceeds of such series of Future Parity Bonds. (b) Refunding Bonds. The certificate described in the foregoing subsection (a)(4) shall not be required as a condition to the issuance of Future Parity Bonds if the Future Parity H - 49 Bonds being issued are for the purpose of refunding at or prior to their maturity any part or all of the then outstanding Parity Bonds for debt service savings. (c) Certificate of the City Without A Professional Utility Consultant. If required pursuant to the foregoing subsection (a)(4), a certificate may be delivered by the City (executed by the Chief Financial Officer) without a Professional Utility Consultant if Net Revenue for any consecutive 12-month period selected by the City out of the 24-month period next preceding the date of issuance of an additional series of Future Parity Bonds (which may be based upon unaudited financial statements of the City if the audit has not yet been completed) is sufficient to satisfy the Parity Requirement. Such Net Revenue may be adjusted to reflect the rates and charges effective on the date of such certificate if there has been any change in such rates and charges during or after such 12-consecutive-month period. (d) Certificate of a Professional Utility Consultant. Unless compliance with the requirements of subsection (a)(4) have been otherwise satisfied (as provided in (b) or (c) above), compliance with the Parity Requirement shall be demonstrated conclusively by a certificate of a Professional Utility Consultant. In computing Net Revenue for the purpose of certifying compliance with the Parity Requirement, the Professional Utility Consultant shall use as a basis the Net Revenue (which may be based upon unaudited financial statements of the City if the audit has not yet been completed) for any consecutive 12-month period selected by the City out of the 24-month period next preceding the date of issuance of an additional series of Future Parity Bonds. Such Net Revenue may be adjusted to reflect the rates and charges effective or approved by the City Council on the date of such certificate if there has been any change in such rates and charges during or after such 12-consecutive-month period, and as follows: H - 50 (1) To include the Net Revenue derived from those customers of the City that have become customers during such 12-month period or thereafter and prior to the date of such certificate, adjusted to reflect a full year's Net Revenue from each such customer to the extent such Net Revenue is not otherwise included in any of the sources of Net Revenue described in this subsection (d). (2) To include the estimated annual Net Revenue to be derived from any person, firm, association, private or municipal corporation under any executed contract for service, which Net Revenue is not included in any of the sources of Net Revenue described in this subsection (d). (3) To include the estimated annual Net Revenue to be derived from the operation of any additions or improvements to or extensions of the Solid Waste System that are reasonably expected to be completed within one year after the date of such certificate and are not being paid for out of the proceeds of sale of such Future Parity Bonds being issued, and which Net Revenue is not otherwise included in any of the sources of Net Revenue described in this subsection (d). (4) To include the estimated annual Net Revenue to be derived from the operation of any additions or improvements to or extensions of the Solid Waste System that are reasonably expected to be completed within one year after the date of such certificate and are being paid for out of the proceeds of sale of such Future Parity Bonds being issued. (5) To reflect any other increases or decreases to Net Revenue that the Professional Utility Consultant determines to be appropriate, including but not limited to actual or reasonably anticipated changes in the Costs of Maintenance and Operation subsequent to such 12-month period. H - 51 In the event the City will not derive any Revenue as a result of the construction of the additions, improvements or extensions being made or to be made to the Solid Waste System within the provisions of subparagraphs (3) and (4) immediately above, the estimated normal Costs of Maintenance and Operation of such additions, improvements and extensions shall be deducted from estimated annual Net Revenue. (e) Subordinate Lien Obligations. Nothing herein contained shall prevent the City from issuing revenue bonds or other obligations which are a charge upon the Revenue of the Solid Waste System junior or inferior to the payments required by this ordinance to be made out of such Revenue to pay and secure the payment of any outstanding Parity Bonds. Such junior or inferior obligations shall not be subject to acceleration. This prohibition against acceleration shall not be deemed to prohibit mandatory tender or other tender provisions with respect to variable rate obligations. (f) Refunding Obligations. Nothing herein contained shall prevent the City from issuing revenue bonds to refund maturing Parity Bonds for the payment of which moneys are not otherwise available. Section 15. Sale of Bonds. (a) Bond Sale. The Bonds shall be sold at negotiated sale to the Underwriter pursuant to the terms of the Bond Purchase Contract. The Financial Advisor has advised the City Council that market conditions are fluctuating and, as a result, the most favorable market conditions may occur on a day other than a regular meeting date of the City Council. The City Council has determined that it would be in the best interest of the City to delegate to the Designated Representative for a limited time the authority to approve the final interest rates, aggregate H - 52 principal amount, and principal amounts of each maturity of the Bonds, and redemption rights for the Bonds. The Designated Representative is hereby authorized to approve the final interest rates, aggregate principal amount, principal maturities, and redemption rights for the Bonds in the manner provided hereafter so long as: (1) the aggregate principal amount of the Bonds does not exceed $9,200,000, (2) the final maturity date for the Bonds is no later than November 1, 2039, (3) the aggregate purchase price for the Bonds shall not be less than 98% of the aggregate stated principal amount of the Bonds, excluding any original issue discount, and (4) the true interest cost for the Bonds (in the aggregate) does not exceed 5.75%. Subject to the terms and conditions set forth in this section, the Designated Representative is hereby authorized to execute the Bond Purchase Contract. Following the execution of the Bond Purchase Contract, the Designated Representative shall provide a report to the City Council describing the final terms of the Bonds approved pursuant to the authority delegated in this section. The authority granted to the Designated Representative by this Section 15 shall expire 120 days after the effective date of this ordinance. If a Bond Purchase Contract for the Bonds has not been executed within 120 days after the effective date of this ordinance, the authorization for the issuance of the Bonds shall be rescinded, and the Bonds shall not be issued nor their sale approved unless such Bonds shall have been re-authorized by ordinance of the City Council. The ordinance re-authorizing the issuance and sale of such Bonds may be in the form of a new ordinance repealing this ordinance in whole H - 53 or in part or may be in the form of an amendatory ordinance approving a bond purchase contract or establishing terms and conditions for the authority delegated under this Section 15. (b) Delivery of Bonds; Documentation. Upon the passage and approval of this ordinance, the proper officials of the City including the Designated Representative, are authorized and directed to undertake all action necessary for the prompt execution and delivery of the Bonds to the Underwriter and further to execute all closing certificates and documents required to effect the closing and delivery of the Bonds in accordance with the terms of the Bond Purchase Contract. Such documents may include, but are not limited to, documents related to a municipal bond insurance policy delivered by an insurer to insure the payment when due of the principal of and interest on the Bonds as provided therein, if such insurance is determined by the Designated Representative to be in the best interest of the City. (c) Preliminary and Final Official Statements. The Chief Financial Officer is hereby authorized to ratify and to deem final the preliminary Official Statement relating to the Bonds for the purposes of the Rule. The Chief Financial Officer is further authorized to ratify and to approve for purposes of the Rule, on behalf of the City, the Official Statement relating to the issuance and sale of the Bonds and the distribution of the Official Statement pursuant thereto with such changes, if any, as may be deemed by him to be appropriate. Section 16. Undertaking to Provide Ongoing Disclosure. This Section 16 constitutes the City's written undertaking for the benefit of the owners and beneficial owners of the Bonds as required by Section (b)(5) of the Rule. (a) Financial Statements/Operating Data. The City agrees to provide or cause to be provided to the MSRB, in accordance with the Rule, the following annual financial information H - 54 and operating data for the prior Fiscal Year (commencing in 2014 for the Fiscal Year ended December 31, 2013): (1) Annual financial statements of the Solid Waste System, which statements may or may not be audited, prepared in accordance with the Budget Accounting and Reporting System prescribed by the Washington State Auditor pursuant to RCW 43.09.200 (or any successor statute) and generally of the type included in the official statement for the Bonds in the table titled"Solid Waste Utility Fund—Net Revenue Available for Debt Service"; (2) The principal amount of Parity Bonds and debt service coverage for Parity Bonds; (3) Total number of residential and commercial customers and generally of the type included in the official statement for the Bonds in the table titled "Number of City Collection Customers by Class"; and (4) Revenues by service and generally of the type included in the official statement for the Bonds in the table titled"Revenues by Source". Items (2) —(4) shall be required only to the extent that such information is not included in the annual financial statements provided pursuant to (1). Such annual information and operating data described above shall be provided on or before the expiration of nine months after the end of the City's Fiscal Year. The City's Fiscal Year currently ends on December 31. The City may adjust such Fiscal Year by providing written notice of the change of Fiscal Year to the MSRB. In lieu of providing such annual financial information and operating data, the City may cross-refer to other documents available to the public on the MSRB's internet website or filed with the Commission. H - 55 If not provided as part of the annual financial information discussed above, the City shall provide to the MSRB the City's audited annual financial statement prepared in accordance with the Budget Accounting and Reporting System prescribed by the Washington State Auditor pursuant to RCW 43.09.200 (or any successor statute)when and if available. (b) Listed Events. The City agrees to provide or cause to be provided to the MSRB, in a timely manner not in excess of 10 business days after the occurrence of the event, notice of the occurrence of any of the following events with respect to the Bonds: • Principal and interest payment delinquencies; • Non-payment related defaults, if material; • Unscheduled draws on debt service reserves reflecting financial difficulties; • Unscheduled draws on credit enhancements reflecting financial difficulties; • Substitution of credit or liquidity providers, or their failure to perform; • Adverse tax opinions, the issuance by the Internal Revenue Service of proposed or final determinations of taxability, Notices of Proposed Issue (IRS Form 5701- TEB) or other material notices or determinations with respect to the tax status of the Bonds, or other material events affecting the tax status of the Bonds; • Modifications to the rights of Bondholders, if material; • optional, contingent or unscheduled Bond calls other than scheduled sinking fund redemptions for which notice is given pursuant to Exchange Act Release 34-23856, if material, and tender offers; • Defeasances; • Release, substitution, or sale of property securing repayment of the Bonds, if material; H - 56 • Rating changes; • Bankruptcy, insolvency, receivership or similar event of the City; • The consummation of a merger, consolidation, or acquisition involving the City or the sale of all or substantially all of the assets of the City, other than in the ordinary course of business, the entry into a definitive agreement to undertake such an action or the termination of a definitive agreement relating to any such actions, other than pursuant to its terms, if material; and • Appointment of a successor or additional trustee or the change of name of a trustee, if material. Solely for purposes of disclosure, and not intending to modify this undertaking, the City advises that no property secures payment of the Bonds. (c) Notification Upon Failure to Provide Financial Data. The City agrees to provide or cause to be provided to the MSRB, in a timely manner, notice of the City's failure to provide the annual financial information described in subsection (a) above on or prior to the date set forth in subsection (a) above. (d) Format for Filings with the MSRB. All notices, financial information and operating data required by this undertaking to be provided to the MSRB must be in an electronic format as prescribed by the MSRB. All documents provided to the MSRB pursuant to this undertaking must be accompanied by identifying information as prescribed by the MSRB. (e) Termination/Modification. The City's obligations to provide annual financial information and notices of listed events shall terminate upon the defeasance, prior redemption or payment in full of all of the Bonds. Any provision of this section shall be null and void if the City (1) obtains an opinion of nationally recognized bond counsel to the effect that the portion of H - 57 the Rule requiring that provision is invalid, has been repealed retroactively or otherwise does not apply to the Bonds; and (2)notifies the MSRB of such opinion and the cancellation of the provision. Notwithstanding any other provision of this ordinance, the City may amend this Section 16, without the consent of bondowners, with an approving opinion of nationally recognized bond counsel and in accordance with the Rule. In the event of any amendment of a provision of this Section 16, the City will describe the amendment in the next annual report, and will include a narrative explanation of the reason for the amendment and its impact on the type (or in the case of a change of accounting principles, on the presentation) of financial information or operating data being presented by the City. In addition, if the amendment relates to the accounting principles to be followed in preparing financial statements, (1)notice of such change will be given in the same manner as for a listed event under subsection (b), and (2)the annual report for the year in which the change is made will present a comparison (in narrative form and also, if feasible, in quantitative form)between the financial statements as prepared on the basis of the new accounting principles and those prepared on the basis of the former accounting principles. (f) Remedies Under This Section. The right of any bondowner or beneficial owner of Bonds to enforce the provisions of this section are limited to a right to obtain specific enforcement of the City's obligations hereunder, and any failure by the City to comply with the provisions of this undertaking shall not be an event of default with respect to the Bonds. For purposes of this Section 16, "beneficial owner" means any person who has the power, directly or indirectly, to vote or consent with respect to, or to dispose of ownership of, any Bonds, including persons holding Bonds through nominees or depositories. H - 58 Section 17. Supplements and Amendments. (a) The City Council from time to time and at any time may adopt an ordinance or ordinances supplemental hereof, which ordinance or ordinances thereafter shall become a part of this ordinance, for any one or more or all of the following purposes: (1) To add to the covenants and agreements of the City in this ordinance other covenants and agreements thereafter to be observed, which shall not adversely affect the interests of the owners of any Bonds or any Parity Bonds in any material respect, or to surrender any right or power herein reserved to or conferred upon the City. (2) To make such provisions for the purpose of curing any ambiguities or of curing, correcting or supplementing any defective provision contained in this ordinance in regard to such matters or questions as the City Council may deem necessary or desirable and not inconsistent with this ordinance and which shall not adversely affect the interests of the owners of any Bonds or any Parity Bonds in any material respect. (3) To amend or supplement any provision contained in this ordinance for the purpose of obtaining or maintaining a rating on the Bonds so long as such amendment or supplement is not inconsistent with this ordinance and will not adversely affect the interests of the owners of any Bonds or any Parity Bonds in any material respect. Any such supplemental ordinance of the City Council may be adopted without the consent of the owners of any Bonds at any time outstanding, notwithstanding any of the provisions of subsection (b) of this section; provided, however, that the City shall obtain an opinion of nationally recognized bond counsel to the effect that such supplemental ordinance complies with this subsection (a) and will not adversely affect the interests of the owners of any Bonds or any Parity Bonds in any material respect. H - 59 (b) With the consent of the owners of not less than 60% in aggregate principal amount of the Parity Bonds at the time outstanding, the City Council may adopt an ordinance or ordinances supplemental hereto for the purpose of adding any provisions to or changing in any manner or eliminating any of the provisions of this ordinance or of any supplemental ordinance; provided, however, that no such supplemental ordinance shall: (1) Extend the fixed maturity of any Parity Bonds, or reduce the rate of interest thereon, or extend the time of payments of interest from their due date, or reduce the amount of the principal thereof, or reduce any premium payable on the redemption thereof, without the consent of the owner of each bond so affected; or (2) Reduce the aforesaid percentage of bondowners required to approve any such supplemental ordinance, without the consent of the owners of all of the Parity Bonds then outstanding. It shall not be necessary for the consent of bondowners under this subsection (b) to approve the particular form of any proposed supplemental ordinance, but it shall be sufficient if such consent shall approve the substance thereof. (c) Upon the adoption of any supplemental ordinance pursuant to the provisions of this section, this ordinance shall be deemed to be modified and amended in accordance therewith, and the respective rights, duties and obligations of the City under this ordinance and all owners of Bonds outstanding hereunder shall thereafter be determined, exercised and enforced thereunder, subject in all respects to such modification and amendments, and all the terms and conditions of any such supplemental ordinance shall be deemed to be part of the terms and conditions of this ordinance for any and all purposes. H - 60 Section 18. Lost or Destroyed Bonds. In case any Bonds are lost, stolen or destroyed, the Bond Registrar may authenticate and deliver a new Bond or Bonds of like amount, date and tenor to the Registered Owner thereof if the owner pays the expenses and charges of the Bond Registrar and the City in connection therewith and files with the Bond Registrar and the City evidence satisfactory to both that such Bond or Bonds were actually lost, stolen or destroyed and of his or her ownership thereof, and furnishes the City and the Bond Registrar with indemnity satisfactory to both. Section 19. Severability. If a court of competent jurisdiction declares that any one or more of the covenants and agreements in this ordinance to be performed by the City are contrary to law, then such covenant or covenants, agreement or agreements, will be null and void and will be deemed separable from the remaining covenants and agreements in this ordinance and will in no way affect the validity of other provisions of this ordinance or of the Bonds. Section 20. Effective Date. This ordinance will become effective five (5) days from and after its passage and publication. H - 61 PASSED by the City Council of the City of Port Angeles, Washington, at a regular meeting of the City Council held on June 3, 2014. CITY OF PORT ANGELES, WASHINGTON Mayor ATTEST: City Clerk APPROVED AS TO FORM: Pacifica Law Group LLP, Bond Counsel PUBLISHED: , 2014 H - 62 CERTIFICATE OF CITY CLERK I, the undersigned, City Clerk of the City of Port Angeles, Washington, DO HEREBY CERTIFY: 1. That the attached is a true and correct copy of Ordinance No. (the "Ordinance") of the City, duly passed at a regular meeting of the City Council (the "Council") of the City held on June 3, 2014. 2. That said meeting was duly convened and held in all respects in accordance with law, and to the extent required by law, due and proper notice of such meeting was given; that a legal quorum was present throughout the meeting and a legally sufficient number of members of the Council voted in the proper manner for the passage of said Ordinance; that all other requirements and proceedings incident to the proper passage of said Ordinance have been fully fulfilled, carried out and otherwise observed; and that I am authorized to execute this certificate. IN WITNESS WHEREOF, I have hereunto set my hand this 3rd day of June, 2014. City Clerk H - 63 CITY OF PORT ANGELES, WASHINGTON LIMITED TAX GENERAL OBLIGATION BONDS, 2014 ORDINANCE NO. AN ORDINANCE OF THE CITY OF PORT ANGELES, WASHINGTON, AUTHORIZING THE ISSUANCE OF LIMITED TAX GENERAL OBLIGATION BONDS OF THE CITY IN THE AGGREGATE PRINCIPAL AMOUNT OF NOT TO EXCEED $9,200,000, TO FINANCE COSTS RELATED TO IMPROVING AND STABILIZING THE PORT ANGELES LANDFILL, TO CAPITALIZE INTEREST ON THE BONDS, AND TO PAY COSTS OF ISSUING THE BONDS; PROVIDING THE FORM, TERMS AND COVENANTS OF THE BONDS; PROVIDING FOR THE DISPOSITION OF THE PROCEEDS OF SALE OF THE BONDS; AND DELEGATING AUTHORITY TO APPROVE THE FINAL TERMS OF THE BONDS. PASSED JUNE 3, 2014 PREPARED BY: PACIFICA LAW GROUP LLP Seattle, Washington H - 64 CITY OF PORT ANGELES, WASHINGTON ORDINANCE NO. TABLE OF CONTENTS* Page Section 1. Definitions and Interpretation of Terms...................................................................2 Section 2. Authorization of the Project.....................................................................................6 Section 3. Authorization of Bonds and Bond Details...............................................................7 Section 4. Registration, Exchange and Payments.....................................................................7 Section 5. Redemption Prior to Maturity and Purchase of Bonds ..........................................12 Section6. Form of Bonds .......................................................................................................16 Section7. Execution of Bonds................................................................................................18 Section 8. Application of Bond Proceeds ...............................................................................19 Section9. Tax Covenants .......................................................................................................19 Section 10. Bond Fund and Provision for Tax Levy Payments ................................................21 Section11. Defeasance.............................................................................................................22 Section12. Sale of Bonds.........................................................................................................23 Section 13. Preliminary and Final Official Statements.............................................................25 Section 14. Undertaking to Provide Ongoing Disclosure.........................................................25 Section 15. Lost, Stolen or Destroyed Bonds ...........................................................................30 Section 16. Severability; Ratification .......................................................................................30 Section 17. Effective Date ........................................................................................................30 * This Table of Contents is provided for convenience only and is not a part of this ordinance. H - 65 ORDINANCE NO. AN ORDINANCE OF THE CITY OF PORT ANGELES, WASHINGTON, AUTHORIZING THE ISSUANCE OF LIMITED TAX GENERAL OBLIGATION BONDS OF THE CITY IN THE AGGREGATE PRINCIPAL AMOUNT OF NOT TO EXCEED $9,200,000, TO FINANCE COSTS RELATED TO IMPROVING AND STABILIZING THE PORT ANGELES LANDFILL, TO CAPITALIZE INTEREST ON THE BONDS, AND TO PAY COSTS OF ISSUING THE BONDS; PROVIDING THE FORM, TERMS AND COVENANTS OF THE BONDS; PROVIDING FOR THE DISPOSITION OF THE PROCEEDS OF SALE OF THE BONDS; AND DELEGATING AUTHORITY TO APPROVE THE FINAL TERMS OF THE BONDS. WHEREAS, the City of Port Angeles, Washington, a municipal corporation of the State of Washington (the "City"), owns, maintains and operates a solid waste utility system for the collection and disposal of garbage and recycling (the "Solid Waste System"); and WHEREAS, the Port Angeles Landfill (the "Landfill"), a municipal landfill owned by the City and operated as part of the Solid Waste System, is located on a bluff overlooking the Strait of Juan de Fuca; and WHEREAS, due to wave action along the shoreline of the Strait of Juan de Fuca, the bluff has eroded and continues to erode, resulting in failures of the bluff slope and refuse being deposited on the beach; and WHEREAS, in response to the erosion, the City has implemented a managed retreat of the Landfill away from the shoreline, which includes relocating refuse away from the bluff, modifying, improving, and reinforcing the existing seawall; and making other improvements and betterments to the Landfill (the "Project"); and WHEREAS, the Project will be financed from funds from the Washington State H - 66 Department of Ecology, proceeds of the City's Solid Waste Utility Revenue Bonds, 2014, other City funds, and other available sources; and WHEREAS, the City is authorized pursuant to chapters 35.92 and 39.46 RCW to issue limited tax general obligation bonds for the purpose of financing a portion of the costs of the Project; and WHEREAS, after due consideration it appears to this City Council that it is in the best interest of the City to authorize the issuance and sale of limited tax general obligation bonds to pay a portion of the costs of the Project, to capitalize interest on the bonds, and to pay costs of issuance for the bonds, as set forth herein; and WHEREAS, this City Council wishes to delegate authority to the Chief Financial Officer (the "Designated Representative"), for a limited time, to approve the interest rates, maturity dates, redemption terms and principal maturities for the bonds within the parameters set by this ordinance; and WHEREAS, the City expects to receive a proposal from Piper Jaffray & Co. (the "Underwriter") and now desires to issue and sell the bonds to the Underwriter as set forth herein; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PORT ANGELES, WASHINGTON, DO ORDAIN, as follows: Section 1. Definitions and Interpretation of Terms. (a) Definitions. As used in this ordinance, the following words shall have the following meanings: Beneficial Owner means any person that has or shares the power, directly or indirectly to make investment decisions concerning ownership of any Bonds (including persons holding Bonds through nominees, depositories or other intermediaries). H - 67 Bond Fund means the "City of Port Angeles, Washington, 2014 General Obligation Bond Fund" and the accounts therein authorized to be created pursuant to Section 10 of this ordinance. Bond Purchase Contract means the contract for the purchase of the Bonds between the Underwriter and the City, executed pursuant to Section 12 of this ordinance. Bond Register means the registration books showing the name, address and tax identification number of each Registered Owner of the Bonds, maintained pursuant to Section 149(a) of the Code. Bond Registrar means, initially, the fiscal agency of the State of Washington, for the purposes of registering and authenticating the Bonds, maintaining the Bond Register, effecting transfer of ownership of the Bonds and paying interest on and principal of the Bonds. Bond Year means each one-year period that ends on the date selected by the City. The first and last Bond Years may be short periods. If no day is selected by the City before the earlier of the final maturity date of the Bonds or the date that is five years after the date of issuance of the Bonds, Bond Years end on each anniversary of the date of issue and on the final maturity date of the Bonds. Bonds mean the City's Limited Tax General Obligation Bonds, 2014, authorized to be issued pursuant to this ordinance in the aggregate principal amount of not to exceed $9,200,000. Chief Financial Officer means the duly appointed and acting Chief Financial Officer of the City or the successor to the duties of that office. City means the City of Port Angeles, a municipal corporation duly organized and existing under the laws of the State of Washington. H - 68 City Council means the Port Angeles City Council, as the general legislative body of the City as the same is duly and regularly constituted from time to time. Code means the federal Internal Revenue Code of 1986, as amended, and applicable regulations. Commission means the United States Securities and Exchange Commission. Designated Representative means the Chief Financial Officer of the City, or any successor to the functions of such office. DTC means The Depository Trust Company, New York, New York, a limited purpose trust company organized under the laws of the State of New York, as depository for the Bonds pursuant to Section 4 of this ordinance. Financial Advisor means A. Dashen & Associates, or its successors. Government Obligations means those obligations now or hereafter defined as such in chapter 39.53 RCW, as this chapter may be hereafter amended or restated. Landfill means the Port Angeles Landfill, a municipal landfill owned by the City and operated as part of its Solid Waste System. Letter of Representations means the Blanket Issuer Letter of Representations given by the City to DTC, as amended from time to time. MSRB means the Municipal Securities Rulemaking Board or any successors to its functions. Net Proceeds, when used with reference to the Bonds, means the principal amount of such Bonds, plus accrued interest and original issue premium, if any, and less original issue discount, if any. H - 69 Private Person means any natural person engaged in a trade or business or any trust, estate,partnership, association, company or corporation. Private Person Use means the use of property in a trade or business by a Private Person if such use is other than as a member of the general public. Private Person Use includes ownership of the property by the Private Person as well as other arrangements that transfer to the Private Person the actual or beneficial use of the property (such as a lease, management or incentive payment contract or other special arrangement) in such a manner as to set the Private Person apart from the general public. Use of property as a member of the general public includes attendance by the Private Person at municipal meetings or business rental of property to the Private Person on a day-to-day basis if the rental paid by such Private Person is the same as the rental paid by any Private Person who desires to rent the property. Use of property by nonprofit community groups or community recreational groups is not treated as Private Person Use if such use is incidental to the governmental uses of property, the property is made available for such use by all such community groups on an equal basis and such community groups are charged only a de minimis fee to cover custodial expenses. Project means certain improvements to the Solid Waste System, including but not limited to relocating refuse; modifying, improving, and reinforcing an existing seawall at the Landfill; and making other improvements and betterments to the Landfill. Project Account means the account created pursuant to Section 8 of this ordinance. Registered Owner means the person named as the registered owner of a Bond in the Bond Register. For so long as the Bonds are held in book-entry only form, DTC or its nominee will be deemed to be the sole Registered Owner. H - 70 Rule means the Commission's Rule 15c2-12 under the Securities Exchange Act of 1934, as the same may be amended from time to time. Underwriter means Piper Jaffray & Co., or its successors. (b) Interpretation. In this ordinance, unless the context otherwise requires: (1) The terms "hereby," "hereof," "hereto," "herein, "hereunder" and any similar terms, as used in this ordinance, refer to this ordinance as a whole and not to any particular article, section, subdivision or clause hereof, and the term "hereafter" shall mean after, and the term "heretofore" shall mean before, the date of this ordinance; (2) Words of the masculine gender shall mean and include correlative words of the feminine and neuter genders and words importing the singular number shall mean and include the plural number and vice versa; (3) Words importing persons shall include firms, associations, partnerships (including limited partnerships), trusts, corporations and other legal entities, including public bodies, as well as natural persons; (4) Any headings preceding the text of the several articles and sections of this ordinance, and any table of contents or marginal notes appended to copies hereof, shall be solely for convenience of reference and shall not constitute a part of this ordinance, nor shall they affect its meaning, construction or effect; and (5) All references herein to "articles," "sections" and other subdivisions or clauses are to the corresponding articles, sections, subdivisions or clauses hereof. Section 2. Authorization of the Project. The City Council hereby finds that the public interest, welfare and convenience require certain improvements to the Landfill, including but not limited to relocating refuse; modifying, improving, and reinforcing an existing seawall; H - 71 and making other improvements and betterments to the Landfill (the "Project"). Any remaining costs of the Project shall be paid from other City funds legally available for such purposes. Section 3. Authorization of Bonds and Bond Details. For the purpose of paying the costs of the Project, capitalizing interest on the Bonds, and paying costs of issuance of the Bonds, the City shall issue and sell its limited tax general obligation bonds in the aggregate principal amount not to exceed $9,200,000 (the "Bonds") as set forth herein. The Bonds shall be general obligations of the City, shall be designated "City of Port Angeles, Washington, Limited Tax General Obligation Bonds, 2014[ ]" with additional series designation or other designation as determined to be necessary by the Designated Representative. The Bonds shall be dated as of their date of delivery; shall be fully registered as to both principal and interest; shall be in the denomination of$5,000 each, or any integral multiple thereof, within a maturity; shall be numbered separately in such manner and with any additional designation as the Bond Registrar deems necessary for purposes of identification; and shall bear interest from their date payable on the dates and commencing as provided in the Bond Purchase Contract; and shall mature on the dates and in the principal amounts set forth in the Bond Purchase Contract and as approved by the Designated Representative pursuant to Section 12 of this ordinance. Section 4. Registration, Exchange and Payments. (a) Bond Registrar/Bond Register. The City hereby specifies and adopts the system of registration approved by the Washington State Finance Committee from time to time through the appointment of state fiscal agencies. The City shall cause a bond register to be maintained by the Bond Registrar. So long as any Bonds remain outstanding, the Bond Registrar shall make all necessary provisions to permit the exchange or registration or transfer of Bonds at its principal corporate trust office. The Bond Registrar may be removed at any time at the option of the Chief H - 72 Financial Officer upon prior notice to the Bond Registrar and a successor Bond Registrar appointed by the Chief Financial Officer. No resignation or removal of the Bond Registrar shall be effective until a successor shall have been appointed and until the successor Bond Registrar shall have accepted the duties of the Bond Registrar hereunder. The Bond Registrar is authorized, on behalf of the City, to authenticate and deliver Bonds transferred or exchanged in accordance with the provisions of such Bonds and this ordinance and to carry out all of the Bond Registrar's powers and duties under this ordinance. The Bond Registrar shall be responsible for its representations contained in the Certificate of Authentication of the Bonds. (b) Registered Ownership. The City and the Bond Registrar, each in its discretion, may deem and treat the Registered Owner of each Bond as the absolute owner thereof for all purposes (except as provided in Section 14 of this ordinance), and neither the City nor the Bond Registrar shall be affected by any notice to the contrary. Payment of any such Bond shall be made only as described in Section 4(h), but such Bond may be transferred as herein provided. All such payments made as described in Section 4(h) shall be valid and shall satisfy and discharge the liability of the City upon such Bond to the extent of the amount or amounts so paid. (c) DTC Acceptance/Letters of Representations. The Bonds initially shall be held by DTC acting as depository. To induce DTC to accept the Bonds as eligible for deposit at DTC, the City has executed and delivered to DTC a Blanket Issuer Letter of Representations. Neither the City nor the Bond Registrar will have any responsibility or obligation to DTC participants or the persons for whom they act as nominees (or any successor depository) with respect to the Bonds in respect of the accuracy of any records maintained by DTC (or any successor depository) or any DTC participant, the payment by DTC (or any successor depository) or any DTC participant of any amount in respect of the principal of or interest on Bonds, any notice which is H - 73 permitted or required to be given to Registered Owners under this ordinance (except such notices as shall be required to be given by the City to the Bond Registrar or to DTC (or any successor depository)), or any consent given or other action taken by DTC (or any successor depository) as the Registered Owner. For so long as any Bonds are held by a depository, DTC or its successor depository or its nominee shall be deemed to be the Registered Owner for all purposes hereunder, and all references herein to the Registered Owners shall mean DTC (or any successor depository) or its nominee and shall not mean the owners of any beneficial interest in such Bonds. (d) Use of Depository. (1) The Bonds shall be registered initially in the name of "Cede& Co.", as nominee of DTC, with one Bond maturing on each of the maturity dates for the Bonds in a denomination corresponding to the total principal therein designated to mature on such date. Registered ownership of such Bonds, or any portions thereof, may not thereafter be transferred except (A) to any successor of DTC or its nominee, provided that any such successor shall be qualified under any applicable laws to provide the service proposed to be provided by it; (B) to any substitute depository appointed by the Chief Financial Officer pursuant to subsection (2) below or such substitute depository's successor; or (C) to any person as provided in subsection (4)below. (2) Upon the resignation of DTC or its successor (or any substitute depository or its successor) from its functions as depository or a determination by the Chief Financial Officer to discontinue the system of book entry transfers through DTC or its successor (or any substitute depository or its successor), the Chief Financial Officer may hereafter appoint a substitute depository. Any such substitute depository shall be qualified under any applicable laws to provide the services proposed to be provided by it. H - 74 (3) In the case of any transfer pursuant to clause(A) or (B) of subsection (1) above, the Bond Registrar shall, upon receipt of all outstanding Bonds, together with a written request on behalf of the Chief Financial Officer, issue a single new Bond for each maturity then outstanding, registered in the name of such successor or such substitute depository, or their nominees, as the case may be, all as specified in such written request of the Chief Financial Officer. (4) In the event that (A) DTC or its successor (or substitute depository or its successor) resigns from its functions as depository, and no substitute depository can be obtained, or(B) the Chief Financial Officer determines that it is in the best interest of the beneficial owners of the Bonds that such owners be able to obtain physical Bond certificates, the ownership of such Bonds may then be transferred to any person or entity as herein provided, and shall no longer be held by a depository. The Chief Financial Officer shall deliver a written request to the Bond Registrar, together with a supply of physical Bonds, to issue Bonds as herein provided in any authorized denomination. Upon receipt by the Bond Registrar of all then outstanding Bonds together with a written request on behalf of the Chief Financial Officer to the Bond Registrar, new Bonds shall be issued in the appropriate denominations and registered in the names of such persons as are requested in such written request. (e) Registration of Transfer of Ownership or Exchange; Change in Denominations. The transfer of any Bond may be registered and Bonds may be exchanged, but no transfer of any such Bond shall be valid unless it is surrendered to the Bond Registrar with the assignment form appearing on such Bond duly executed by the Registered Owner or such Registered Owner's duly authorized agent in a manner satisfactory to the Bond Registrar. Upon such surrender, the Bond Registrar shall cancel the surrendered Bond and shall authenticate and deliver, without charge to H - 75 the Registered Owner or transferee therefor, a new Bond (or Bonds at the option of the new Registered Owner) of the same date, maturity, and interest rate and for the same aggregate principal amount in any authorized denomination, naming as Registered Owner the person or persons listed as the assignee on the assignment form appearing on the surrendered Bond, in exchange for such surrendered and cancelled Bond. Any Bond may be surrendered to the Bond Registrar and exchanged, without charge, for an equal aggregate principal amount of Bonds of the same date, maturity, and interest rate, in any authorized denomination. The Bond Registrar shall not be obligated to register the transfer of or to exchange any Bond during the 15 days preceding any principal payment or redemption date. (f) Bond Registrar's Ownership of Bonds. The Bond Registrar may become the Registered Owner of any Bond with the same rights it would have if it were not the Bond Registrar, and to the extent permitted by law, may act as depository for and permit any of its officers or directors to act as a member of, or in any other capacity with respect to, any committee formed to protect the right of the Registered Owners or beneficial owners of Bonds. (g) Registration Covenant. The City covenants that, until all Bonds have been surrendered and canceled, it will maintain a system for recording the ownership of each Bond that complies with the provisions of Section 149 of the Code. (h) Place and Medium of Payment. Both principal of and interest on the Bonds shall be payable in lawful money of the United States of America. Interest on the Bonds shall be calculated on the basis of a year of 360 days and twelve 30-day months. For so long as all Bonds are held by a depository, payments of principal thereof and interest thereon shall be made as provided in accordance with the operational arrangements of DTC referred to in the Letter of Representations. In the event that the Bonds are no longer held by a depository, interest on the H - 76 Bonds shall be paid by check or draft mailed to the Registered Owners at the addresses for such Registered Owners appearing on the Bond Register on the fifteenth day of the month preceding the interest payment date, or upon the written request of a Registered Owner of more than $1,000,000 of Bonds (received by the Bond Registrar at least 15 days prior to the applicable payment date), such payment shall be made by the Bond Registrar by wire transfer to the account within the United States designated by the Registered Owner. Principal of the Bonds shall be payable upon presentation and surrender of such Bonds by the Registered Owners at the principal office of the Bond Registrar. Section 5. Redemption Prior to Maturity and Purchase of Bonds. (a) Mandatory Redemption of Term Bonds and Optional and Extraordinary Optional Redemption, if any. The Bonds shall be subject to optional redemption and extraordinary optional redemption on the dates, at the prices and under the terms set forth in the Bond Purchase Contract approved by the Designated Representative pursuant to Section 12. The Bonds shall be subject to mandatory redemption to the extent, if any, set forth in the Bond Purchase Contract and as approved by the Designated Representative pursuant to Section 12. (b) Purchase of Bonds. The City reserves the right to purchase any of the Bonds offered to it at any time at a price deemed reasonable by the Chief Financial Officer. (c) Selection of Bonds for Redemption. For as long as the Bonds are held in book-entry only form, the selection of particular Bonds within a maturity to be redeemed shall be made in accordance with the operational arrangements then in effect at DTC. If the Bonds are no longer held by a depository, the selection of such Bonds to be redeemed and the surrender and reissuance thereof, as applicable, shall be made as provided in the following provisions of this subsection (c). If the City redeems at any one time fewer than all of the Bonds having the same H - 77 maturity date, the particular Bonds or portions of Bonds of such maturity to be redeemed shall be selected by lot (or in such manner determined by the Bond Registrar)in increments of$5,000. In the case of a Bond of a denomination greater than $5,000, the City and the Bond Registrar shall treat each Bond as representing such number of separate Bonds each of the denomination of $5,000 as is obtained by dividing the actual principal amount of such Bond by $5,000. In the event that only a portion of the principal sum of a Bond is redeemed, upon surrender of such Bond at the principal office of the Bond Registrar there shall be issued to the Registered Owner, without charge therefor, for the then unredeemed balance of the principal sum thereof, at the option of the Registered Owner, a Bond or Bonds of like maturity and interest rate in any of the denominations herein authorized. (d) Notice of Redemption. (1) Official Notice. For so long as the Bonds are held in by a depository, notice of redemption shall be given in accordance with the operational arrangements of DTC as then in effect, and neither the City nor the Bond Registrar will provide any notice of redemption to any beneficial owners. The notice of redemption may be conditional. Thereafter (if the Bonds are no longer held by a depository), notice of redemption shall be given in the manner hereinafter provided. Unless waived by any owner of Bonds to be redeemed, official notice of any such redemption (which redemption may be conditioned by the Bond Registrar on the receipt of sufficient funds for redemption or otherwise) shall be given by the Bond Registrar on behalf of the City by mailing a copy of an official redemption notice by first class mail at least 20 days and not more than 60 days prior to the date fixed for redemption to the Registered Owner of the Bond or Bonds to be redeemed at the address shown on the Bond Register or at such other address as is furnished in writing by such Registered Owner to the Bond Registrar. H - 78 All official notices of redemption shall be dated and shall state: (A) the redemption date, (B) the redemption price, (C) if fewer than all outstanding Bonds are to be redeemed, the identification by maturity (and, in the case of partial redemption, the respective principal amounts) of the Bonds to be redeemed, (D) that unless conditional notice of redemption has been given and such conditions have either been satisfied or waived, on the redemption date the redemption price will become due and payable upon each such Bond or portion thereof called for redemption, and that interest thereon shall cease to accrue from and after said date, and (E) the place where such Bonds are to be surrendered for payment of the redemption price, which place of payment shall be the principal office of the Bond Registrar. On or prior to any redemption date, unless such redemption has been rescinded or revoked, the City shall deposit with the Bond Registrar an amount of money sufficient to pay the redemption price of all the Bonds or portions of Bonds which are to be redeemed on that date. The City retains the right to rescind any redemption notice and the related optional redemption of Bonds by giving notice of rescission to the affected registered owners at any time on or prior to the scheduled redemption date. Any notice of optional redemption that is so rescinded shall be of no effect, and the Bonds for which the notice of optional redemption has been rescinded shall remain outstanding. (2) Effect of Notice; Bonds Due. If an unconditional notice of redemption has been given or if the conditions set forth in a conditional notice of redemption have been satisfied or waived, the Bonds or portions of Bonds to be redeemed shall, on the redemption date, become H - 79 due and payable at the redemption price therein specified, and from and after such date such Bonds or portions of Bonds shall cease to bear interest. Upon surrender of such Bonds for redemption in accordance with said notice, such Bonds shall be paid by the Bond Registrar at the redemption price. Installments of interest due on or prior to the redemption date shall be payable as herein provided for payment of interest. All Bonds which have been redeemed shall be canceled by the Bond Registrar and shall not be reissued. (3) Additional Notice. In addition to the foregoing notice, further notice shall be given by the City as set out below, but no defect in said further notice nor any failure to give all or any portion of such further notice shall in any manner defeat the effectiveness of a call for redemption if notice thereof is given as above prescribed. Each further notice of redemption given hereunder shall contain the information required above for an official notice of redemption plus (A) the CUSIP numbers of all Bonds being redeemed; (B) the date of issue of the Bonds as originally issued; (C)the rate of interest borne by each Bond being redeemed; (D) the maturity date of each Bond being redeemed; and (E) any other descriptive information needed to identify accurately the Bonds being redeemed. Each further notice of redemption may be sent at least 20 days before the redemption date to each party entitled to receive notice pursuant to Section 14 and with such additional information as the City shall deem appropriate, but such mailings shall not be a condition precedent to the redemption of such Bonds. (4) Amendment of Notice Provisions. The foregoing notice provisions of this Section 5, including but not limited to the information to be included in redemption notices and the persons designated to receive notices, may be amended by additions, deletions and changes in order to maintain compliance with duly promulgated regulations and recommendations regarding notices of redemption of municipal securities. H - 80 Section 6. Form of Bonds. The Bonds shall be in substantially the following form: UNITED STATES OF AMERICA NO. $ STATE OF WASHINGTON CITY OF PORT ANGELES LIMITED TAX GENERAL OBLIGATION BOND, 2014 INTEREST RATE: % MATURITY DATE: CUSIP NO.: REGISTERED OWNER: CEDE& CO. PRINCIPAL AMOUNT: The City of Port Angeles, Washington (the "City"), hereby acknowledges itself to owe and for value received promises to pay to the Registered Owner identified above, or registered assigns, on the Maturity Date identified above, the Principal Amount indicated above and to pay interest thereon from , 20 , or the most recent date to which interest has been paid or duly provided for until payment of this bond at the Interest Rate set forth above, payable on , and semiannually thereafter on the first days of each succeeding and . Both principal of and interest on this bond are payable in lawful money of the United States of America. The fiscal agency of the State of Washington has been appointed by the City as the authenticating agent, paying agent and registrar for the bonds of this issue (the "Bond Registrar"). For so long as the bonds of this issue are held in fully immobilized form, payments of principal and interest thereon shall be made as provided in accordance with the operational arrangements of The Depository Trust Company ("DTC") referred to in the Blanket Issuer Letter of Representations (the "Letter of Representations") from the City to DTC. The bonds of this issue are issued under and in accordance with the provisions of the Constitution and applicable statutes of the State of Washington and Ordinance No. duly passed by the City Council on June 3, 2014 (the "Bond Ordinance"). Capitalized terms used in this bond have the meanings given such terms in the Bond Ordinance. This bond shall not be valid or become obligatory for any purpose or be entitled to any security or benefit under the Bond Ordinance until the Certificate of Authentication hereon shall have been manually signed by or on behalf of the Bond Registrar or its duly designated agent. This bond is one of an authorized issue of bonds of like date, tenor, rate of interest and date of maturity, except as to number and amount in the aggregate principal amount of $ (the "Bonds") and is issued pursuant to the Bond Ordinance to provide funds to pay the cost of improving and stabilizing the Port Angeles Landfill, capitalizing interest on the Bonds, and paying costs of issuance for the Bonds. H - 81 The Bonds are subject to redemption prior to maturity as provided in the Bond Purchase Contract. The Bonds may be transferred and exchanged upon surrender to the Bond Registrar as provided in the Bond Ordinance. The Bonds are not "private activity bonds" as such term is defined in the Internal Revenue Code of 1986, as amended (the "Code"). The City has not designated the Bonds as "qualified tax-exempt obligations"within the meaning of Section 265(b)(3)(B) of the Code. The City hereby irrevocably covenants and agrees with the owner of this bond that it will include in its annual budget and levy taxes annually, within and as a part of the tax levy permitted to the City without a vote of the electorate, upon all the property subject to taxation in amounts sufficient, together with other money legally available therefor, to pay the principal of and interest on this bond as the same shall become due. The full faith, credit and resources of the City are hereby irrevocably pledged for the annual levy and collection of such taxes and the prompt payment of such principal and interest. The pledge of tax levies for payment of principal of and interest on the bonds may be discharged prior to maturity of the bonds by making provision for the payment thereof on the terms and conditions set forth in the Bond Ordinance. It is hereby certified that all acts, conditions and things required by the Constitution and statutes of the State of Washington to exist, to have happened, been done and performed precedent to and in the issuance of this bond have happened, been done and performed and that the issuance of this bond and the bonds of this issue does not violate any constitutional, statutory or other limitation upon the amount of bonded indebtedness that the City may incur. IN WITNESS WHEREOF, the City of Port Angeles, Washington, has caused this bond to be signed by the manual or facsimile signature of its Mayor, attested by the manual or facsimile signature of the City Clerk, and seal of the City to be impressed or reproduced hereon, all as of , 2014. CITY OF PORT ANGELES, WASHINGTON ( SEAL) By [Manual or Facsimile Signature] Mayor Attest: [Manual or Facsimile Signature] City Clerk CERTIFICATE OF AUTHENTICATION Date of Authentication: This is one of the Limited Tax General Obligation Bonds, 2014, of the City of Port Angeles, Washington, dated 2014, as described in the within mentioned Bond Ordinance. H - 82 WASHINGTON STATE FISCAL AGENT, as Registrar By THE BANK OF NEW YORK MELLON TRUST COMPANY, N.A., as subcontractor to The Bank of New York Mellon, fiscal agent for the State of Washington By Authorized Officer Section 7. Execution of Bonds. The Bonds shall be executed on behalf of the City by the facsimile or manual signatures of the Mayor and the City Clerk and shall have the seal of the City impressed or a facsimile thereof imprinted, or otherwise reproduced thereon. In the event any officer who shall have signed or whose facsimile signatures appear on any of the Bonds shall cease to be such officer of the City before said Bonds shall have been authenticated or delivered by the Bond Registrar or issued by the City, such Bonds may nevertheless be authenticated, delivered and issued and, upon such authentication, delivery and issuance, shall be as binding upon the City as though said person had not ceased to be such officer. Any Bond may be signed and attested on behalf of the City by such persons who, at the actual date of execution of such Bond shall be the proper officer of the City, although at the original date of such Bond such persons were not such officers of the City. Only such Bonds as shall bear thereon a Certificate of Authentication manually executed by an authorized representative of the Bond Registrar shall be valid or obligatory for any purpose or entitled to the benefits of this ordinance. Such Certificate of Authentication shall be conclusive evidence that the Bonds so authenticated have been duly executed, authenticated and delivered hereunder and are entitled to the benefits of this ordinance. H - 83 Section 8. Application of Bond Proceeds. The Chief Financial Officer is hereby authorized to create a Project Account, and subaccounts therein as necessary, for the purposes set forth in this section. A portion of the proceeds of the Bonds shall be deposited in the Project Account in the amounts specified in the closing memorandum prepared in connection with the issuance of the Bonds. Such proceeds shall be used to pay or reimburse the City for the costs of the Project, to capitalize interest on the Bonds, and to pay costs of issuance of the Bonds. The Chief Financial Officer shall invest money in the Project Account and the subaccounts contained therein in such obligations as may now or hereafter be permitted to cities of the State by law and which will mature prior to the date on which such money shall be needed. Upon completion of the Project, Bond proceeds (including interest earnings thereon) may be used for other capital projects of the City as approved by the City Council or shall be transferred to the Bond Fund to pay principal on the Bonds. Section 9. Tax Covenants. The City covenants that it will not take or permit to be taken on its behalf any action that would adversely affect the exemption from federal income taxation of the interest on the Bonds and will take or require to be taken such acts as may reasonably be within its ability and as may from time to time be required under applicable law to continue the exemption from federal income taxation of the interest on the Bonds. (a) Arbitrage Covenant. Without limiting the generality of the foregoing, the City covenants that it will not take any action or fail to take any action with respect to the proceeds of sale of the Bonds or any other funds of the City which may be deemed to be proceeds of the Bonds pursuant to Section 148 of the Code and the regulations promulgated thereunder which, if such use had been reasonably expected on the date of delivery of the Bonds to the initial H - 84 purchasers thereof, would have caused the Bonds to be "arbitrage bonds" within the meaning of such term as used in Section 148 of the Code. The City represents that it has not been notified of any listing or proposed listing by the Internal Revenue Service to the effect that it is an issuer whose arbitrage certifications may not be relied upon. The City will comply with the requirements of Section 148 of the Code and the applicable regulations thereunder throughout the term of the Bonds. (b) Private Person Use Limitation. The City covenants that for as long as the Bonds are outstanding, it will not permit: (1) More than 10% of the Net Proceeds of the Bonds to be used for any Private Person Use; and (2) More than 10% of the principal or interest payments on the Bonds in a Bond Year to be directly or indirectly: (A) secured by any interest in property used or to be used for any Private Person Use or secured by payments in respect of property used or to be used for any Private Person Use, or (B) derived from payments (whether or not made to the City) in respect of property, or borrowed money, used or to be used for any Private Person Use. The City further covenants that, if: (3) More than five percent of the Net Proceeds of the Bonds are to be used for any Private Person Use; and (4) More than five percent of the principal or interest payments on the Bonds in a Bond Year are (under the terms of this ordinance or any underlying arrangement) directly or indirectly: H - 85 (A) secured by any interest in property used or to be used for any Private Person Use or secured by payments in respect of property used or to be used for any Private Person Use, or (B) derived from payments (whether or not made to the City)in respect of property, or borrowed money, used or to be used for any Private Person Use, then, (i) any Private Person Use of the projects described in subsection (3) hereof or Private Person Use payments described in subsection (4) hereof that is in excess of the five percent limitations described in such subsections (3) or(4)will be for a Private Person Use that is related to the state or local governmental use of the projects financed and/or refinanced with the Bonds, and (ii) any Private Person Use will not exceed the amount of Net Proceeds of the Bonds used for the state or local governmental use portion of the projects to which the Private Person Use of such portion of the projects relates. The City further covenants that it will comply with any limitations on the use of the projects financed and/or refinanced with the Bonds by other than state and local governmental users that are necessary, in the opinion of nationally recognized bond counsel, to preserve the tax exemption of the interest on the Bonds. (c) Modification of Tax Covenants. The covenants of this section are specified solely to assure the continued exemption from regular income taxation of the interest on the Bonds. To that end, the provisions of this section may be modified or eliminated without any requirement for formal amendment thereof upon receipt of an opinion of nationally recognized bond counsel that such modification or elimination will not adversely affect the tax exemption of interest on any Bonds. Section 10. Bond Fund and Provision for Tax Levy Payments. The City hereby authorizes the creation of a fund to be used for the payment of debt service on the Bonds, H - 86 designated as the "City of Port Angeles, Washington, 2014 General Obligation Bond Fund" (the "Bond Fund"), and within such fund separate accounts as determined to be necessary by the Chief Financial Officer, for the purpose of paying debt service on the Bonds. No later than the date each payment of principal of and/or interest on the Bonds matures or becomes due and payable, the City shall transmit sufficient funds, from the Bond Fund or from other legally available sources to the Bond Registrar for the payment of such principal and/or interest. Money in the Bond Fund not needed to pay the interest or principal next coming due may temporarily be deposited in legal investments for City funds. The City hereby irrevocably covenants and agrees for as long as any of the Bonds are outstanding and unpaid that each year it will include in its budget and levy an ad valorem tax upon all the property within the City subject to taxation in an amount that will be sufficient, together with all other revenues and money of the City legally available for such purposes, to pay the principal of and interest on the Bonds as the same shall become due. The City hereby irrevocably pledges that the annual tax provided for herein to be levied for the payment of such principal and interest shall be within and as a part of the regular property tax levy permitted to cities, and that a sufficient portion of each annual levy to be levied and collected by the City prior to the full payment of the principal of and interest on the Bonds will be and is hereby irrevocably set aside, pledged and appropriated for the payment of the principal of and interest on the Bonds. The full faith, credit and resources of the City are hereby irrevocably pledged for the annual levy and collection of said taxes and for the prompt payment of the principal of and interest on the Bonds as the same shall become due. Section 11. Defeasance. In the event that the City, in order to effect the payment, retirement or redemption of any Bond, sets aside in the Bond Fund or in another special account, H - 87 cash or noncallable Government Obligations, or any combination of cash and/or noncallable Government Obligations, in amounts and maturities which, together with the known earned income therefrom, are sufficient to redeem or pay and retire such Bond in accordance with its terms and to pay when due the interest and redemption premium, if any, thereon, and such cash and/or noncallable Government Obligations are irrevocably set aside and pledged for such purpose, then no further payments need be made into the Bond Fund for the payment of the principal of and interest on such Bond. The owner of a Bond so provided for shall cease to be entitled to any lien, benefit or security of this ordinance except the right to receive payment of principal, premium, if any, and interest from the Bond Fund or such special account, and such Bond shall be deemed to be not outstanding under this ordinance. The City shall give written notice of defeasance to the owners of all Bonds so provided for within 30 days after the defeasance and to each party entitled to receive notice in accordance with Section 14. Section 12. Sale of Bonds. (a) Bond Sale. The Bonds shall be sold at negotiated sale to the Underwriter pursuant to the terms of the Bond Purchase Contract. The Financial Advisor has advised the City Council that market conditions are fluctuating and, as a result, the most favorable market conditions may occur on a day other than a regular meeting date of the City Council. The City Council has determined that it would be in the best interest of the City to delegate to the Designated Representative for a limited time the authority to approve the final interest rates, aggregate principal amount, and principal amounts of each maturity of the Bonds, and redemption rights for the Bonds. H - 88 The Designated Representative is hereby authorized to approve the final interest rates, aggregate principal amount, principal maturities, and redemption rights for the Bonds in the manner provided hereafter so long as: (1) the aggregate principal amount of the Bonds does not exceed $9,200,000, (2) the final maturity date for the Bonds is no later than November 1, 2039, (3) the aggregate purchase price for the Bonds shall not be less than 98% of the aggregate stated principal amount of the Bonds, excluding any original issue discount, and (4) the true interest cost for the Bonds (in the aggregate) does not exceed 5.15%. Subject to the terms and conditions set forth in this section, the Designated Representative is hereby authorized to execute the Bond Purchase Contract. Following the execution of the Bond Purchase Contract, the Designated Representative shall provide a report to the City Council describing the final terms of the Bonds approved pursuant to the authority delegated in this section. The authority granted to the Designated Representative by this Section 12 shall expire 120 days after the effective date of this ordinance. If a Bond Purchase Contract for the Bonds has not been executed within 120 days after the effective date of this ordinance, the authorization for the issuance of the Bonds shall be rescinded, and the Bonds shall not be issued nor their sale approved unless such Bonds shall have been re-authorized by ordinance of the City Council. The ordinance re-authorizing the issuance and sale of such Bonds may be in the form of a new ordinance repealing this ordinance in whole or in part or may be in the form of an amendatory ordinance approving a bond purchase contract or establishing terms and conditions for the authority delegated under this Section 12. H - 89 (b) Delivery of Bonds; Documentation. Upon the passage and approval of this ordinance, the proper officials of the City including the Designated Representative, are authorized and directed to undertake all action necessary for the prompt execution and delivery of the Bonds to the Underwriter and further to execute all closing certificates and documents required to effect the closing and delivery of the Bonds in accordance with the terms of the Bond Purchase Contract. Such documents may include, but are not limited to, documents related to a municipal bond insurance policy delivered by an insurer to insure the payment when due of the principal of and interest on the Bonds as provided therein, if such insurance is determined by the Designated Representative to be in the best interest of the City. Section 13. Preliminary and Final Official Statements. The Chief Financial Officer is hereby authorized to ratify and to deem final the preliminary Official Statement relating to the Bonds for the purposes of the Rule. The Chief Financial Officer is further authorized to ratify and to approve for purposes of the Rule, on behalf of the City, the Official Statement relating to the issuance and sale of the Bonds and the distribution of the Official Statement pursuant thereto with such changes, if any, as may be deemed by him to be appropriate. Section 14. Undertaking to Provide Ongoing Disclosure. (a) Contract/Undertaking. This Section 14 constitutes the City's written undertaking for the benefit of the owners, including Beneficial Owners, of the Bonds as required by Section (b)(5) of the Rule. (b) Financial Statements/Operating Data. The City agrees to provide or cause to be provided to the MSRB, the following annual financial information and operating data for the prior fiscal year(commencing in 2014 for the fiscal year ended December 31, 2013): H - 90 1. Annual financial statements, which statements may or may not be audited, showing ending fund balances for the City's general fund prepared in accordance with the Budgeting Accounting and Reporting System prescribed by the Washington State Auditor pursuant to RCW 43.09.200 (or any successor statute) and generally of the type included in the official statement for the Bonds under the headings (or similar headings) "General Fund Statement of Revenues, Expenditures and Changes in Fund Balance" and "General Fund Balance Sheet"; 2. The assessed valuation of taxable property in the City; 3. Ad valorem taxes due and percentage of taxes collected; 4. Property tax levy rate per $1,000 of assessed valuation; and 5. Outstanding general obligation debt of the City. Items 2-5 shall be required only to the extent that such information is not included in the annual financial statements. Such annual information and operating data described above shall be provided on or before the expiration of nine months after the end of the City's fiscal year. The City's fiscal year currently ends on December 31. The City may adjust such fiscal year by providing written notice of the change of fiscal year to the MSRB. In lieu of providing such annual financial information and operating data, the City may cross-refer to other documents available to the public on the MSRB's internet website or filed with the Commission. If not provided as part of the annual financial information discussed above, the City shall provide the City's audited annual financial statement prepared in accordance with the Budgeting Accounting and Reporting System prescribed by the Washington State Auditor pursuant to RCW 43.09.200 (or any successor statute)when and if available to the MSRB. H - 91 (c) Listed Events. The City agrees to provide or cause to be provided to the MSRB, in a timely manner not in excess of 10 business days after the occurrence of the event, notice of the occurrence of any of the following events with respect to the Bonds: 1. Principal and interest payment delinquencies; 2. Non-payment related defaults, if material; 3. Unscheduled draws on debt service reserves reflecting financial difficulties; 4. Unscheduled draws on credit enhancements reflecting financial difficulties; 5. Substitution of credit or liquidity providers, or their failure to perform; 6. Adverse tax opinions, the issuance by the Internal Revenue Service of proposed or final determinations of taxability, Notices of Proposed Issue (IRS Form 5701-TEB) or other material notices or determinations with respect to the tax status of the Bonds, or other material events affecting the tax status of the Bonds; 7. Modifications to the rights of Bondholders, if material; 8. Optional, contingent or unscheduled Bond calls other than scheduled sinking fund redemptions for which notice is given pursuant to Exchange Act Release 34-23856, if material, and tender offers; 9. Defeasances; 10. Release, substitution, or sale of property securing repayment of the Bonds, if material; 11. Rating changes; H - 92 12. Bankruptcy, insolvency, receivership or similar event of the City; 13. The consummation of a merger, consolidation, or acquisition involving the City or the sale of all or substantially all of the assets of the City, other than in the ordinary course of business, the entry into a definitive agreement to undertake such an action or the termination of a definitive agreement relating to any such actions, other than pursuant to its terms, if material; and 14. Appointment of a successor or additional trustee or the change of name of a trustee, if material. Solely for purposes of disclosure, and not intending to modify this undertaking, the City advises that no debt service reserves, credit enhancement, or property secures payment of the Bonds. (d) Format for Filings with the MSRB. All notices, financial information and operating data required by this undertaking to be provided to the MSRB must be in an electronic format as prescribed by the MSRB. All documents provided to the MSRB pursuant to this undertaking must be accompanied by identifying information as prescribed by the MSRB. (e) Notification Upon Failure to Provide Financial Data. The City agrees to provide or cause to be provided, in a timely manner, to the MSRB notice of its failure to provide the annual financial information described in Subsection (b) above on or prior to the date set forth in Subsection (b) above. (f) Termination/Modification. The City's obligations to provide annual financial information and notices of listed events shall terminate upon the legal defeasance, prior redemption or payment in full of all of the Bonds. Any provision of this section shall be null and H - 93 void if the City (1) obtains an opinion of nationally recognized bond counsel to the effect that the portion of the Rule that requires that provision is invalid, has been repealed retroactively or otherwise does not apply to the Bonds and (2)notifies the MSRB of such opinion and the cancellation of this section. The City may amend this section, without the consent of bondowners, with an opinion of nationally recognized bond counsel in accordance with the Rule. In the event of any amendment of this section, the City shall describe such amendment in the next annual report, and shall include, a narrative explanation of the reason for the amendment and its impact on the type (or in the case of a change of accounting principles, on the presentation) of financial information or operating data being presented by the City. In addition, if the amendment relates to the accounting principles to be followed in preparing financial statements, (A)notice of such change shall be given in the same manner as for a listed event under subsection (c), and (B) the annual report for the year in which the change is made shall present a comparison (in narrative form and also, if feasible, in quantitative form)between the financial statements as prepared on the basis of the new accounting principles and those prepared on the basis of the former accounting principles. (g) Remedies Under This Section. The right of any bondowner or Beneficial Owner of Bonds to enforce the provisions of this section shall be limited to a right to obtain specific enforcement of the City's obligations under this section, and any failure by the City to comply with the provisions of this undertaking shall not be an event of default with respect to the Bonds. (h) No Default. Except as otherwise disclosed in the City's official statement relating to the Bonds, the City is not and has not been in default in the performance of its obligations of any prior undertaking for ongoing disclosure with respect to its obligations. H - 94 Section 15. Lost, Stolen or Destroyed Bonds. In case any Bonds are lost, stolen or destroyed, the Bond Registrar may authenticate and deliver a new Bond or Bonds of like amount, date and tenor to the Registered Owner thereof if the owner pays the expenses and charges of the Bond Registrar and the City in connection therewith and files with the Bond Registrar and the City evidence satisfactory to both that such Bond or Bonds were actually lost, stolen or destroyed and of his or her ownership thereof, and furnishes the City and the Bond Registrar with indemnity satisfactory to both. Section 16. Severability, Ratification. If any one or more of the covenants or agreements provided in this ordinance to be performed on the part of the City shall be declared by any court of competent jurisdiction to be contrary to law, then such covenant or covenants, agreement or agreements, shall be null and void and shall be deemed separable from the remaining covenants and agreements of this ordinance and shall in no way affect the validity of the other provisions of this ordinance or of the Bonds. All acts taken pursuant to the authority granted in this ordinance but prior to its effective date are hereby ratified and confirmed. Section 17. Effective Date. This ordinance will become effective five (5) days from and after its passage and publication. H - 95 PASSED by the City Council of the City of Port Angeles, Washington, at a regular meeting of the City Council held on June 3, 2014. CITY OF PORT ANGELES, WASHINGTON Mayor ATTEST: City Clerk APPROVED AS TO FORM: Pacifica Law Group LLP, Bond Counsel PUBLISHED: , 2014 H - 96 CERTIFICATE I, the undersigned, City Clerk of the City of Port Angeles, Washington, DO HEREBY CERTIFY: 1. That the attached is a true and correct copy of Ordinance No. (the "Ordinance") of the City, duly passed at a regular meeting of the City Council (the "Council") of the City held on June 3, 2014. 2. That said meeting was duly convened and held in all respects in accordance with law, and to the extent required by law, due and proper notice of such meeting was given; that a legal quorum was present throughout the meeting and a legally sufficient number of members of the Council voted in the proper manner for the passage of said Ordinance; that all other requirements and proceedings incident to the proper passage of said Ordinance have been fully fulfilled, carried out and otherwise observed; and that I am authorized to execute this certificate. IN WITNESS WHEREOF, I have hereunto set my hand this 3rd day of June, 2014. City Clerk H - 97 Field Cod I I I I I P 0� G In",I LEI S W A S H I NGTON, U. S. A. J11111111111111111111111111111 ,ICITY COUNCIL MEMO Field Cod DATE: June 3, 2014 To: CITY COUNCIL FROM: NATHAN A.WEST,DIRECTOR COMMUNITY&ECONOMIC DEVELOPMENT SUBJECT: MUNICIPAL CODE AMENDMENT—MCA 14-01 MIXED COMMERCIAL OVERLAY Summar A new zoning overlay is being proposed that is intended to allow flexibility in the development/redevelopment of large commercial or public properties. The Mixed Commercial Overlay (MCO) is intended to provide a higher standard of development for large commercial or public properties than typical lot by lot development. Council conducted a first reading of this ordinance at the May 20th public hearing. Recommendation: Following the second reading of the ordinance Council should adopt the ordinance adding the Mixed Commercial Overlay section to the Port Angeles Municipal Code. Background: In order to continue to provide flexibility and encourage innovative, thoughtful development of large commercial or public property ownerships within the City of Port Angeles, staff and the Planning Commission worked to provide a new overlay chapter of the City's Zoning regulations (Title 17 of the Port Angeles Municipal Code). The proposed overlay will allow large commercial or public properties to be combined and developed with thought given to the creation of public open space within the development that results in a campus environment that serves a variety of purposes. The Planning Commission unanimously recommended approval of the overlay at the May 28, 2014 public hearing. During the first reading of the ordinance, Council requested a minor correction modifying the minimum development size to 3.44 acres. No other changes were requested to the draft ordinance. Staff will be available to answer any additional questions on the Mixed Commercial Overlay Zone. Attachment: Ordinance H - 98 ORDINANCE NO. AN ORDINANCE of the City of Port Angeles, Washington, revising Title 17 of the Port Angeles Municipal Code relating to Zoning by adding a new Chapter 17.37 Mixed Commercial Overlay, MCO. THE CITY COUNCIL OF THE CITY OF PORT ANGELES DO HEREBY ORDAIN as follows: WHEREAS, mixed commercial areas are important assets to the City and the region. Planned development that exceeds certain zoning standards of the underlying zone can provide desired flexibility and be compatible with surrounding uses of nearby development. Unique zoning rules are crafted for each such mixed commercial area through the adoption of a site development plan or Mixed Commercial Overlay (MCO) master plan that 1) identifies a boundary within which the revised rules apply; and 2) identifies the specific rules that will apply to development within the boundary. The objectives of the plan are to balance the needs of major mixed commercial development with the need to preserve adjacent neighborhoods. Section 1. Ordinance 1709 as amended, and Title 17 of the Port Angeles Municipal Code are hereby amended by adding a new Chapter 17.37 to Title 17 as follows: CHAPTER 17.37 MCO —MIXED COMMERCIAL OVERLAY 17.37.010 Purpose. 17.37.011 Definitions. 17.37.020 Applicability. 17.37.030 Permitted uses. 17.37.031 Conditional uses. 17.37.040 Permitted modifications of land use regulations. 17.37.050 Standards. 17.37.060 Density. 17.37.070 Procedure for approval. 17.37.080 Pre-application review. 17.37.090 Application procedure. -1- H - 99 17.37.100 Routing and staff recommendations. 17.37.110 Planning Commission Public hearing—Scheduling and notice. 17.37.120 Planning Commission recommendation Preliminary development plans. 17.37.130 City Council action—Preliminary development plans. 17.37.140 Final approval of a Mixed Commercial Overlay Zone (MCO). 17.37.160 City Council final action. 17.37.170 Building permits. 17.37.180 Modifications after final approval. 17.37.010 Purpose. The purpose of the Mixed Commercial overlay zone is to allow for a concentration of uses that, through a campus setting, offer a wider range of services and result in a higher quality development. The overlay zone is intended to provide alternative zoning regulations that permit and encourage design flexibility through the implementation of smart growth practices to promote redevelopment, infill, and functional innovation in mixed commercial developments that involve multiple associated structures and larger areas of land than lot by lot development. Such development needs to be both transit and pedestrian oriented and easily enhance and blend into the character of the surrounding neighborhood. It is intended that a Mixed Commercial Overlay (MCO) will result in a higher quality development than traditional lot-by-lot development. Such projects will use urban design components relative to walkability, access to transit, public amenities, and a variety of services and building types with attractive cohesive landscaping in a manner consonant with the public health, safety, and welfare. Specific development components are required to be through a pre approved site design. MCOs smart growth practices provide for infill development that complements surrounding neighborhoods without following a standard system of public streets and lot design and provides opportunities for commercial neighborhood developments not usually permitted in standard commercial zones. An MCO may combine a number of land use decisions such as conditional use permits, rezones, or subdivision into a single project review process to encourage a timely and coordinated public review process. The consolidation of permit review does not exempt an applicant(s) from meeting the regulations and submitting the fees and applications required for the underlying permit process(es). Legislative actions such as street vacations will require a separate process. 17.37.011 Definitions. A. Mixed Commercial Overlay (MCO): A site specific development plan that has been approved by the City Council under the provisions of Chapter 17.37 of the Port Angeles Municipal Code. B. Floor Area Ratio (FAR): The gross floor area of all buildings or structures on a lot divided by the total lot area. C. Green Roof A roof that is partially or completely covered with vegetation and a growing medium planted over a waterproofing membrane. A green roof is primarily a stormwater management element but may also improve a site's aesthetic qualities. -2- H - 100 C. Impervious Area: All hard surface areas that impede infiltration of rainfall into the underlying soil profile. These surfaces include but are not limited to compacted soil, asphalt concrete pavement, cement concrete pavement, roofs, and gravel paved areas. Green roofs and minimal excavation foundations subject to conformance with applicable Department of Ecology Best Management Practices (BMPs), are not included in the total impervious area calculation. 17.37.020 Applicability. MCOs may be established, subject to final approval of a proposed master plan in commercial or the Public Buildings and Parks zones. A MCO shall contain a minimum of 3.44 acres (a standard city block). The site shall be composed of contiguous lots or parcels. Development must be consistent with the City's Comprehensive Plan and Land Use Map. 17.37.035 Permitted uses —Those uses permitted in the underlying zoning district. 17.37.040 Permitted modifications of land use regulations. The approval of an MCO may include modifications to the requirements and standards of the underlying land use regulations of the zone in which the project is located (see PANIC 17.94.010 for parcels with more than one zone) subject to the limitations of this chapter; however no approval shall include a modification, variance, or waiver of the requirements of the Shoreline Master Program except as provided in Chapter 173-14 WAC. Modifications to the requirements of Title 15 PANIC (Environmentally Sensitive Areas Protection) must meet the standards of that chapter. A. On-site parking requirements shall be consistent with Title 14 of the Port Angeles Municipal Code. Parking requirements shall be evaluated for the entire project rather than for individual uses or structures. Shared parking for a variety of campus land users will be considered in review of this requirement. B. A height bonus (height allowed over that permitted by the underlying zone) shall be limited to a maximum of 45 feet, or one additional story, whichever is the least under the following circumstances: 1. When below grade parking is created, the combined floor area of any floor above 35 feet is limited to 125 square feet times the number of underground parking spaces provided. 2. When open space elements are increased above the minimum required, a ratio of 1 square foot of bonus height floor area for each square foot of open space will be allowed. 3 Bonus height floor area may be increased by one square foot for each square foot of green roof created by the project. C. Every structure shall be set back from exterior property lines per the underlying zone, except for structures exceeding 35 feet in height. Exterior setbacks for portions of a structure exceeding 35 feet in height shall be increased by 2 feet for each 1 foot increase of building height over 35 feet. D. A detailed sign plan shall be submitted as part of the project master plan for approval. 1. All signs proposed in the MCO shall comply with the provisions of Chapter 14.36 PANIC, Sign Ordinance. 2. Sign design shall be coordinated throughout the development. -3- H - 101 E. Parking areas and facilities, trash and refuse storage areas, ventilating mechanisms and other noise-generation or odor-generating equipment, fixtures, or facilities shall be located so as to minimize noise and odor impacts on the surrounding area. The Director may require measures such as landscaping, sound barriers, fences, mounding or berming, adjustments to parking location or setback standards, design modification, limits on hours of operation or other similar measures to mitigate impacts. F. Required landscaping shall be compatible with neighboring properties. Landscaping shall be required to reduce the potential for erosion or excessive stormwater runoff, to minimize coverage of the site by impervious surfaces, to screen parking, or to reduce noise or the appearance of bulk and scale. Specific requirements of the landscape plan are found in section 090(F) 1. An MCO shall retain a minimum 20% of the development as open space/landscaping. a. The open space counted toward this set-aside shall not include green roofs, right-of-way landscaping including, tree lawns (street tree plantings), parkways, or landscaped traffic islands except where plans vacate these public areas. b. Inherently unbuildable areas such as wetlands, floodplains, or other environmentally sensitive areas and buffers may be included in open space requirements. Where such areas exist, limited density transfer calculations per 15.24.070(G) PANIC may be applied. c. Open space areas may include stormwater detention areas or landscaped swales. 2. "Streetscaping" refers to urban roadway design and conditions as they impact the diverse range of street users and nearby residents. Streetscaping is an important component of the public realm, which helps define a community's aesthetic quality and identity. a. Streetscaping shall include shade trees planted between streets and sidewalks. Trees shall be chosen to maximize mature tree canopy and be planted at a spacing appropriate to the approved tree species. b. Landscape plans shall provide an adequate soil volume to support the mature trees in a sustainable healthy condition. c. Streetscaping shall be designed to provide easy pedestrian access between street parking and the sidewalk. 3. Traffic and parking impacts shall be minimized. Common parking and landscaped areas shall be maintained as an integral part of the site and may not be segregated as a separate parcel or parcels. 4. All MCOs shall be designed such that proposed structures blend into the character of the surrounding neighborhood. a. Loading areas. All loading areas shall be oriented and/or screened so as to be unobtrusive from the adjacent streets or properties. b. Trash enclosures. Trash receptacle areas shall be enclosed by a six-foot- high privacy fence or masonry wall with gates. -4- H - 102 5. All MCOs shall provide for continuous and perpetual maintenance of common open space, common recreation facilities, private roads, utilities, parking areas, and other similar development within the boundaries of the MCO in form and manner acceptable to the City. 6. Platting shall be required for all projects that involve or contemplate the subdivision of land. Lots in a platted MCO may not be sold to separate owners. No further subdivision of land within the MCO will be permitted unless a formal amendment to the MCO is approved. 7. For any underlying land use regulatory process that is consolidated through the MCO overlay process, the criteria and development standards of that underlying land use process shall be met. Any subsequent land use decision made pursuant to an underlying land use regulatory process shall also require an amendment to the MCO. G. To encourage design flexibility, and innovations that result in a higher quality environment than traditional subdivisions, site planning and architectural review that address specific criteria are required of all development in the MCO. Where applicable, the design of MCOs shall accomplish the following to the greatest extent possible: 1. Provide amenities that complement the surrounding environment; 2. Provide a walkable, active, and transit oriented environment that may include bicycle or pedestrian paths, proximity to public transit, children's play areas, and common open space areas; 3. The design of all open space areas and built structures shall be compatible with and complementary to the environment in which they are placed. H. Public art shall be included in all MCO proposals. A minimum value of 1% of the project value, to a maximum value of$50,000 is required of all MCO project proposals. L All MCOs shall comply with the goals and policies of the Port Angeles Comprehensive Plan. 17.37.070 Procedure for approval. The procedure for approval of a MCO shall be composed of four steps: A. Conceptual plan submittal for pre-application review by affected city departments. This step occurs before an application is accepted as complete by the City; 1. Prior to applying for a MCO, a developer shall submit a conceptual plan to the Department of Community and Economic Development (DCED). The conceptual plan shall contain the information required in Section 17.37.090.E and G. 2. The conceptual plan will be reviewed for its general compliance with the intent, standards and provisions of this chapter and other City ordinances. 3. Written comments will be furnished to the developer. B. After conceptual plan review, and prior to accepting a MCO application, the City shall require a neighborhood meeting. 1. The neighborhood meeting shall be organized and sponsored by the project proponent. 2. Neighbors within 300 feet of the proposed location shall be included in notification of the meeting. -5- H - 103 3. The purpose of the meeting is to; a. solicit information regarding design alternatives, b. to minimize any adverse impacts from the MCO, and c. provide an opportunity to inform the general neighborhood of the proposal and ask for comment. C. Submittal to and acceptance of complete plan by the City. A complete plan packet shall contain all required elements deemed necessary by 17.37.090. D. A public hearing on the preliminary development plan and, if applicable, the preliminary plat and other permit actions. This step results in a recommendation by the Planning Commission to the City Council of an action to be taken on the proposal; E. Approval by the City Council at a public meeting of the preliminary development plan and other actions as applicable; and F. Action on the final development plan and plat by the City Council following a public meeting. Final approval may only be granted after all conditions of approval have been met or bonded for by the applicant. No lots may be offered for sale prior to preliminary plat approval by the City Council. 17.37.090 Required Application Materials. The MCO shall be established only in conjunction with a Master Plan which generally specifies the parameters for development of the property. The Master Plan shall contain the following: A. The name, location, and legal description of the proposed development, together with the names, addresses and telephone numbers of the recorded owners of the land. The applicant, any authorized representative of the applicant, and if applicable, the names, addresses and telephone numbers of any land surveyor, architect, planner, designer, or engineer responsible for preparation of the plan. B. A narrative explaining the proposed use(s) of the land and buildings, including, but not limited to, documentation of smart growth practices, infill, utilization of existing infrastructure, walkability, and orientation to transit; information on any special features, conditions of which cannot be adequately shown on drawings; and an explanation of continuous maintenance provisions, for the project. C. A survey of the property showing existing features, including contours at five-foot intervals, buildings, structures, streets, utility easements, rights-of-way, environmentally sensitive areas, and existing land uses. D. Site plans showing proposed contours at five-foot intervals, location and dimensions of buildings, open space, recreation areas,parking areas, circulation, landscape areas, subdivision platting and general arrangement. E. Detailed site statistics including but not limited to: 1. Total site area in both acres and square feet; 2. Total area in lots and number of lots being created; 3. Site coverage expressed in square feet and percentage of, a. Total footprint area of buildings and their proposed use b. Roadway and sidewalk paved surfaces; c. Parking lot areas and total parking spaces proposed; -6- H - 104 d. Any areas paved with permeable paving systems; e. Location and percentage of common open space and landscaped area; f. Number of residential units (if proposed) and approximate square footage; 4. Preliminary elevation and perspective drawings of all project structures. 5. A preliminary utilities plan, including fire hydrant locations. 6. A preliminary storm drainage plan with calculation of impervious areas. F. Landscape plan: 1. A landscape plan shall be created for the entire site with more detailed plans for each development within the respective portions of the larger site. The plan shall include a consistent palette of planting materials for use throughout the development. 2. Each lot/parcel must be landscaped so as to fit into the overall scheme of the MCO landscape, regardless of who owns the individual lot. 3. The landscape plan shall include a "significant" tree and native vegetation inventory. The inventory must be conducted prior to development. "Significant" trees are those with at least 3" diameter at breast height (dbh) trunks at 4' above grade. a. All trees deemed as "significant" shall be protected during construction. b. A tree protection plan shall be included as part of the landscape plan showing root zone protection areas, appropriate methods to exclude construction impacts. 4. Native plant and tree species. The use of native plant and tree species for landscaping is permitted and encouraged within the MCO. Specifically, drought resistant plantings will eliminate the need for irrigation other than collected rainwater. 5. Detailed specifications of plants and trees proposed for landscaping on site; F. A preliminary plat, if applicable, pursuant to Chapter 58.17 RCW and Chapters 16.04 and 16.08 PAMC. G. An off-street parking plan and circulation plan showing all means of vehicular and pedestrian ingress and egress to and from the site; and size and location of driveways, streets, sidewalks, trails, and parking spaces. Any new traffic control devices required for the safety of the project must be shown. H. Mailing labels of property owners within 300 feet of the proposed project pursuant to Section 17.96.140 PAMC. 17.37.100 Routing and staff recommendations. Upon receipt of an application satisfying the requirements of Section 17.37.090 PAMC, the Department of Community and Economic Development (CED) shall route the same to all appropriate City Departments. Each department shall return recommendations and comments regarding the application to CED. The Planning Division shall prepare a report to the Planning Commission summarizing the factors involved, recommendations of other departments, and CED staff recommended conditions, findings, and conclusions. -7- H - 105 The following characteristics shall be among those used by the Director of the Department of Community & Economic Development to determine whether a use is functionally integrated with or substantively related to, the central mission of the use: A. Functional association of buildings; B. How well are proposed uses integrated with one another; C. Ease of physical circulation/access connections; D. Potential for shared facilities or staff, E. Degree of interdependence among uses; F. Similar or common functions, services, or products. G. Proximity to areas previously developed under this MCO code section. A copy of the report shall be mailed to the applicant and copies shall be made available, for use by any interested party. 17.37.110 Planning Commission Public hearing—Scheduling and Notice. Upon receipt of an application satisfying the requirements of Section 17.37.090 PAMC, the CED shall schedule a public hearing before the Planning Commission. Public notice shall be given as provided in Section 17.96.140 PAMC. 17.37.120 Planning Commission Recommendation—Preliminary Development Plans. Prior to making a recommendation on an application for a preliminary MCO, the Planning Commission shall hold a public hearing. The Planning Commission's recommendation for approval, denial, or approval with modifications or conditions shall be forwarded to the City Council in written form based upon compliance with Section 17.19.050 PAMC and the following criteria: A. The proposed development will comply with the policies of the Comprehensive Plan and further attainment of the objectives and goals of the Comprehensive Plan. B. The proposed development will, through the improved utilization of landscaping, and integrated circulation systems, create an environment of higher quality than that normally achieved by traditional lot by lot development. C. The proposed development achieves smart growth goals and principles through infill, redevelopment, and establishment of a pedestrian and transit friendly environment. D. The proposed development will be compatible with adjacent, existing, and future developments. E. All necessary municipal utilities, services, and facilities, existing and proposed, are adequate to serve the proposed development. F. Internal streets serving the proposed development are adequate to serve anticipated traffic levels and the street system of the proposed development is functionally connected by an improved collector street to at least one improved arterial street. G. If the development is planned to occur in phases, each phase shall meet the requirements of a complete development. 17.37.130 City Council action—Preliminary development plans. The City Council shall consider the recommendation of the Planning Commission at a public meeting. The Council may approve, deny, or approve with modifications or conditions the -g- H - 106 submitted preliminary development plans. Approval shall be by Council action which incorporates the approved preliminary development plans by reference and shall include findings based upon Section 17.19.060, and 17.19.120 PANIC. 17.37.140 Final approval of a Mixed Commercial Overlay(MCO). Application for final approval of the MCO shall be submitted to City Council within two (2) years of preliminary development plan approval; provided that an applicant may apply to the Planning Commission, and the Commission may approve, one or more one-year extensions as the Commission may deem appropriate. For phased MCO's, each phase shall have an additional one (1) year period for final approval; and provided further that an applicant may apply to the Planning Commission, and the Commission may approve, one or more one(1) year extensions as the Commission may deem appropriate. The site must be under one ownership prior to final approval by the City Council, or the application for final approval must be made by the owners of the entire site. The final submittal documents shall include the following: A. A title report showing ownership of the parcel or parcels upon which the MCO is to be developed. B. Adequate assurance for the retention and continued maintenance of common open space, onsite facilities and the retention and continued maintenance of environmentally sensitive areas and their buffers. If development is to be done in phases, each phase must be identified and meet the requirements of this section. C. Final development plans that shall be in compliance with the approved preliminary development plans. D. The final plat, if applicable, pursuant to Chapter 58.17 RCW and Chapter 16.04 and 16.08 PANIC. E. Development and phasing schedule. F. Bond or other form of security acceptable to the City in a sufficient amount to complete the project or submitted phase, as determined by the City. 17.37.160 City Council final action. The City Council shall review the application for final approval at a public meeting, notice of which shall be given as provided in Section 17.96.140 PANIC, and shall approve, deny, or approve with modifications the final development plan and, if applicable, the final plat. Approval of the final development plan shall be by ordinance and a copy of the final MCO shall be filed with and made a part of said ordinance. The Zoning Map shall be amended to indicate the extent of the approved MCO, and all future development of the site shall be in conformance with the approved MCO. 17.37.170 Building permits. The Building Division shall issue building permits for structures that conform with the approved final development plans and with all other applicable City and state ordinances and regulations. All common usable open spaces, including recreational facilities, and other public improvements of each project phase must be completed before any Certificates of Occupancy will be issued except when bonds or other acceptable forms of security are deposited assuring the completion of such facilities within six (6) months of approval of a final MCO. 17.37.180 Modifications after final approval. The final approval shall be binding upon the development. Design variations from the plan must -9- H - 107 be submitted to the Planning Commission and City Council for approval and amendment of the ordinance, except for minor changes, as follows: CED staff is authorized to allow minor adjustments in the development schedule, location, placement, height, or dimension of buildings and structures, not to exceed an alteration of ten percent (10%) in height or ten (10) feet in any other direction, when such minor changes and alterations are required by engineering or other unforeseen circumstances at the time of approval of the final development plans. Such adjustments shall not increase the total amount of floor space authorized in the approved final MCO, the number of dwelling units, density, or decrease in the amount of parking or loading facilities, or permit a reduction of setback of buildings to the closest boundary line, decrease the amount of open space or recreation facilities, change any points of ingress or egress to the site, or extend the development schedule for more than 12 months. Section 2 - Corrections. The City Clerk and the codifiers of this ordinance are authorized to make necessary corrections to this ordinance including, but not limited to, the correction of the scrivener's/clerical errors, references, ordinance numbering, section/subsection numbers and any references thereto. Section 3 - Severabili ty. If any provisions of this Ordinance, or its application to any person or circumstances, are held invalid, the remainder of the Ordinance, or application of the provisions of the Ordinance to other persons or circumstances, is not affected. Section 4 -Effective Date. This Ordinance, being an exercise of 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 day of June, 2014. Dan Di Guilio, Mayor ATTEST: APPROVED AS TO FORM: Janessa Hurd, City Clerk William E. Bloor, City Attorney PUBLISHED: By Summary -10- H - 108 �plliV" � WASHINGTON, U. S. A. HUMAN RESOURCES OFFICE DATE: JUNE 3,2014 TO: CITY COUNCIL FROM: BOB COONS,HUMAN RESOURCES MANAGER Subject: Labor Contract between the City and the Teamsters Sworn Unit Summary: The City and the Teamsters Union representing the Sworn Police Officers reached agreement for a new labor contract covering January 1, 2012 through December 31, 2014. The union represents 31 employees in the ranks of police officers, corporal and sergeant. The agreement provides for a 2%wage increase for 2012 (non-retroactive); a 2%increase in 2013 and 2%in 2014,retroactive to January 2013. The employee's contributions for medical premiums will increase from 9% to 11.5% of the monthly premium. This agreement was the result of an interest arbitration award. Recommendation: Staff recommends that the City Council approve and authorize the Mayor to sign the labor contract between the City and the Teamsters Union, Sworn Officers Union for the contract period covering January 1, 2012 through December 31, 2014, including retroactivity for the wage increase effective January 1, 2013. Background / Analysis: The labor contract between the City and Union expired December 31, 2011. The parties reached impasse during negotiations, went through mediation, and ultimately proceeded to binding arbitration. That hearing was held in December 2013, with the arbitrator's decision received in April of this year which is final and binding on the parties. Economic Terms and Fiscal Impact: Wales: The arbitrator awarded a 2% wage increase for 2012 but without retroactivity for that year, a 2%increase for 2013 and 2%for 2014,which are compounded so it results in a 4%increase in 2013, followed by a 2%in 2014. This is a 6% award over 3 years. The cost of the wage increase over 3 years is $124,726 ($106,300 in 2013 and $18,426 in 2014). Medical Premiums: Effective January 2013,the employee's share of medical premiums increases from 9% to 11.5% of the monthly medical premium. This results in a savings to the City of about $14,000 for 2013 and 5 months of 2014. J - 1 Educational Incentive Pay: The officers were paid a flat dollar amount for an AA degree and a BA degree,which varied by officer, corporal and sergeant. The arbitrator's award changed this to a percentage: 2% of wages for an AA degree and 4% for a BA degree. The cost difference is not significant, only a few thousand dollars for a year. The City wanted to keep the flat rate as it did not increase when wages increased,but the arbitrator ruled otherwise and most of the survey cities use a percentage versus a dollar amount for education pay. Amendments to contract language include: • The non-discrimination clause adds sexual orientation and genetic information, which is the current law and in the other labor contracts. • Work schedule language reflecting the current 11 hour shifts. • Updated the Drug Testing Policy • Modifies the grievance procedure to allow discipline appeals will be heard before an independent arbitrator versus the Civil Service Commission. • Family Leave Law; now referencing the City's Personnel Manual versus being placed entirely within the labor contract. • Field Training Officer Pay: change from $12 a day to $1.50 an hour, to reflect the change from an 8 hours shift to an 11 hour shift. • Sick Leave cash out upon retirement: change from 20% to 25%. This is consistent with other labor contracts and has minimal cost. Only applies when an employee retires with 10 years or more service. Staff will be available for any questions you may have during the City Council meeting. Attachment: 2012-2014 Teamsters, Sworn Officers labor contract. Cc: Dan McKeen, City Manager Dan Taylor, Teamsters Union Terry Gallagher, Police Chief Abbi Gates, Human Resources Analyst J - 2 AGREEMENT BETWEEN CITY OF PORT ANGELES AND �c c TEAMSTERS LOCAL. 589 SWORN OFFICERS UNIT January 1,2012 thru December 31,2014 J - 3 TABLE OF CONTENTS ARTICLE I- GENERAL PROVISIONS PAGE NO. Section A -Purpose 1 Section B - Agreement 1 Section C - Recognition 1 Section D - Savings Clause 1 Section E-Non-Discrimination 2 ARTICLE II- RIGHTS OF PARTIES Section A - Management Rights 3 Section B -Union Security 3 Section C -Payroll Deductions 4 Section D -Personnel Policy and Procedures 4 Section E- Record Keeping 5 Section F -Personnel Records 5 Section G - Labor-Management Committee 5 Section H -Police Department Employee Bill of Rights 6 Section I- Citizen Volunteer Programs 6 Section J- Promotions 7 Section k-Union Communications 7 ARTICLE III-WORKING CONDITIONS Section A - Hours of Work 8-10 Section B - Shift Rotation 11 Section C - Response Time 11 Section D - Relatives Working in the Police Department 11 Section E- Work Stoppage 12 Section F - Drug Testing Policy 12 ARTICLE IV - COMPENSATION Section A - Wages 16 Section B - Deferred Compensation 16 Section C - Longevity Pay 16 Section D - Overtime Compensation 16 Section E- Stand-by/Call-Back 17 Section F - Compensatory Time 17 Section G - Educational Incentive Pay 18 Section H - Tuition Reimbursement 18 Section I- Higher Class Pay 19 Section J-Uniform Maintenance Allowance 19 Section K - Field Training Officer Pay 20 J - 4 ARTICLE V -PAID LEAVE TIME Section A - Vacation 21 Section B - Sick Leave/Family Leave 21-22 Section C - Holidays 23 ARTICLE VI- HEALTH BENEFITS 24-25 Medical, Dental, and Vision LTD, Life, & RWT Plus Retiree Fee ARTICLE VII - GRIEVANCE PROCEDURE 26-28 ARTICLE VIII- DURATION OF AGREEMENT 29 APPENDIX "A" WAGE TABLE 30-31 J - 5 TEAMSTERS LOCAL #589 SWORN OFFICERS UNIT ARTICLE I - GENERAL PROVISIONS Section A - Purpose Teamsters Union, Local 4589, hereinafter referred to as the Union, has as its purpose the setting forth of the full and entire understanding of the parties regarding the matters set forth herein, reached as the result of negotiations regarding wages, hours, and other terms and conditions of This Contract, entered into by the City of Port Angeles, hereinafter referred to as the City, and the employment of employees covered by this Contract. Section B -Agreement 1. The rules contained herein constitute the entire Agreement between the City of Port Angeles, hereinafter referred to as the City, and the employees of the Port Angeles Police Department, represented by the Teamsters Union Local 4589, hereinafter referred to as the Union, concerning wages, hours and conditions of employment. 2. The parties acknowledge that each has had the unlimited right and opportunity to make demands and proposals with respect to any matter deemed a proper subject for collective bargaining. The results of the exercise of that right are set forth in this Agreement. Therefore, except as otherwise provided in this Agreement, the parties voluntarily and unqualifiedly agree to waive the right to oblige the other party to bargain with respect to any subject or matter not specifically referred to or covered in this Agreement. Section C -Recognition The City recognizes the Union as the exclusive bargaining representative for purposes of establishing wages, hours, and conditions of employment. The terms and conditions set forth herein shall apply to employees in the following classifications: • Police Officer • Police Corporal • Police Sergeant The Union agrees to provide, in writing, the name of the shop steward(s) and notice and any changes shall be provided to the Human Resources Manager. Section D - Savings Clause The City and the Union agree that should any portion of this Agreement be contrary to present or future State or Federal laws, both parties agree to mutually resolve the conflicts. Neither the City nor the Union shall be penalized or hold the other party responsible for conflicts which might arise. Any new provisions shall have no effect on the remaining provisions of this Agreement. 1 J - 6 Section E -Non-Discrimination The City and the Union agree that they will not discriminate against any employee by reason of race, creed, age, color, sex, national origin, religion, handicapped status, or marital status, or Sexual Orientation and Genetic information or, membership or non-membership in the Union. Wherever notations are used in the masculine gender, they are intended to apply equally to either gender. 2 J - 7 ARTICLE II -RIGHTS OF PARTIES Section A -Management's Rights The City and its management representatives shall retain all customary rights,powers, functions, and authority normally reserved by management consistent with State law, local ordinances, and Department rules and regulations. This management rights section does not give Management the right to change or modify the existing negotiated contractual language of the Agreement. The Management rights shall include but not be limited to the following: 1. The City retains its rights to manage and operate the Department except as may be limited by an express provision of this Agreement. 2. Set standards of service, establish Department policy/procedures, work rules/regulations, safety procedures, and personnel policies and procedures. 3. Select, increase, diminish or change equipment, vehicles, machinery, etc., including the introduction of any and all new, improved or automated methods or equipment. 4. Assign work and establish work schedules. 5. Engage in all types of personnel transactions and disciplinary proceedings in accordance with established ordinances, rules, "Just Cause", and Department Policy and Procedures Manual. 6. Effect a reduction in authorized positions because of a lack of work, fiscal limitations, organizational changes, or other legitimate reason. 7. Determine the number and classifications of personnel. 8. Take any action necessary to carry out its mission in an emergency. Section B -Union Security 1. It shall be a condition of employment that all employees covered by this Agreement who are members of the Union in good standing on the execution date of this Agreement shall remain members in good standing. It shall also be a condition of employment that all employees covered by this Agreement and hired on or after its execution date shall by the thirtieth (30th) day following initial hire, become and remain members in good standing in the Union, or in lieu thereof,pay each month a service charge equivalent to initiation fees and Union dues,paid to the Union, toward the administration of this Agreement. 3 J - 8 If objections to joining the Union are based on bona fide religious tenets and the employee objects to joining the Union because of these beliefs, the employee shall pay an amount of money equivalent to initiation fees and Union dues to a non-religious charity or to another charitable organization mutually agreed upon by the employee and the Union. The employee shall furnish written proof to the Union that payment has been made. If the employee and the Union do not reach agreement on the charitable organization, the Public Employment Relations Commission shall designate the charitable organization. 2. The Union agrees that membership in the Union will not be denied or terminated for any reason other than the failure of the employee covered by this Agreement to tender the initiation fee, Union dues or service charge. The parties agree that if an employee fails to fulfill the obligation in (1) above, the Union shall provide the employee and the City with thirty (30) days' notification of the employee's failure to comply with this Section and during this period, the employee shall make restitution in the amount which is due or the City shall terminate employment. 3. The City shall notify the Union of new employees within thirty (30) days of employment. 4. Indemnification Clause: The Union agrees to indemnify and hold the City harmless from any liabilities of any nature, which may arise as a result of the application of this Article. Section C -Payroll Deductions 1. Upon written authorization of an employee, the City shall deduct monthly dues from the salary of each employee and shall transmit that amount to the Union, and will withhold any other specified portion of an employee's salary for U.S. Savings Bonds, United Way contributions, optional insurance coverage provided by the City, and DR.LV.E. contributions. 2. The Union shall hold the City harmless against any claims brought against the City arising out of the City making a good faith effort to comply with this Section. 3. The employee shall be allowed to withdraw from automatic payroll deduction of Union dues with thirty (30) days' notice in writing to the Human Resources Office. 4. Payroll deductions for other authorized withholdings, noted above, except Union dues, shall be subject to data processing limitations. Section D - Personnel Policy and Procedures Except where this Contract is different, wages, hours, holidays, sick leave, vacation and related working conditions shall be in accordance with the current City Personnel Policies Manual. Terms and conditions in this Manual subject to collective bargaining will be submitted to the Union for review and negotiations prior to making changes. 4 J - 9 Section E -Record Keeping The City shall maintain records of overtime, time off and the data in the records system will be made available to employees. The City will keep records of requests and disbursements regarding tuition reimbursement. Section F - Personnel Records The City and the Union recognize that the employee's official personnel file relative to any personnel actions (i.e.,promotion, disciplinary actions,performance evaluations,pay status, etc.) shall be kept and maintained in the Human Resources Office. Departments may keep and maintain employee personnel files but information in the Department files shall not be used relative to taking personnel actions, unless this information is also contained or referenced in the official personnel file. Any employee may review his/her personnel file in the Human Resources Office or within the Department upon request, with reasonable notice, and may have a copy of any information contained in the file. Whenever a Department Head places information concerning the employee in the official personnel file, a copy will be provided to the employee. If this information is the result of disciplinary action or an unsatisfactory performance evaluation, the employee may submit a rebuttal, which shall be made part of the employee's personnel file. The response by the employee shall be within thirty (30)working days of receipt of the disciplinary action or performance evaluation and be of reasonable length. Officers may request removal of disciplinary action documents from their personnel file one year from the date the documentation was placed into the officers personnel file. Upon receipt of a request, the matter will be placed before the Labor Management Committee, described in Article 11, Section G below, for review and recommendation to the Police Chief. The decision to remove will at all times remain with the Police Chief. Section G-Labor-Management Committee In the interest of developing mutual trust and open communication between the parties and improving employee/employer relations, the parties agree to establish a labor-management committee to meet at times as mutually agreed upon. The members of this Committee for the City may include the City Manager, the Human Resources Manager, the Police Chief, and others as needed. The members of this Committee for the Union shall be the respective business agent for the Union and two employees from the bargaining unit, and others that may need to attend not to exceed 4 personnel. 5 J - 10 Section H -Police Department Employee Bill of Rights Employees covered by this Agreement shall be entitled to the protection of the Port Angeles Police Department Employee Bill of Rights. 1. Prior to an employee being questioned relative to a possible disciplinary matter, the employee will be apprized of the issue and the nature of the complaint or issue under investigation. The employee shall be provided with written notice in advance of any disciplinary actions (excluding verbal or written reprimands). The written notice shall include specific charges, citing the alleged violation of a rule/regulation, etc., and an opportunity to respond to the charges. 2. Any questioning of an employee shall be at a reasonable hour,preferably when the employee is on duty, unless the circumstances of the investigation dictate otherwise. When practicable, questioning shall be scheduled during the day time. 3. The investigation and questioning of the employee (which shall not violate the employee's constitutional rights) shall take place at the Port Angeles Police Department, except when impractical. The employee shall be afforded an opportunity and facilities to contact and consult privately with an attorney or representative of his own choosing before being questioned, who may be present during questioning. 4. The questioning shall not be overly long and the employee shall be entitled to reasonable intermissions, as they shall request for personal necessities, meals, telephone calls, and rest periods. 5. The employee shall not be subjected to offensive language nor be threatened as a guise to attempt to obtain his resignation. No promises or rewards shall be made as an inducement to answer questions. 6. No employee covered by this Agreement shall be required to take or be subjected to a lie detector or similar test as a condition of continued employment. 7. This Police Department Bill of Rights only applies to disciplinary actions and related investigations, excluding cases of criminal investigations. Section I - Citizen Volunteer Programs Management reserves the right to establish citizen volunteer programs to perform non-critical public service functions related to the department's Community Policing goals and objectives. Programs or functions shall not supplant current full-time department personnel. If the Department determines that it may have need of adding permitted actions to the list below, it will contact the Union and the Union agrees to meet and confer with the Department Head. Vacation house checks; annual City/Police auction; speed watch trailer program; distribution of registered sex offender and criminal alert bulletins; crime prevention programs; assisting with non-specialist tasks for the Records Division; assisting the Operations Division by acting in capacities not requiring sworn officer status during special community events like as parades, athletic events, and fairs, and with "citizen patrols" of areas and events like as the Waterfront 6 J - 11 Trail, City parks, and downtown area for the purposes of documenting and reporting illegal activity to the Police Department Citizen volunteers may be a deterrent to criminals by the mere fact that they are identifiable by their"uniforms" and the vehicle they drive as an official component of the Police Department, but they shall be trained not to represent themselves as sworn officers and to not act in any capacity that would supplant or require a sworn officer. Citizen volunteers shall not be paid for their duties. Section J. Promotions: 1. The parties agree when there is a promotional vacancy in the classifications represented by the Union, the City will post the recruitment notice for a minimum of 10 working days within the Police Department. 2. Promotional openings for classes represented by the Union shall be filled only from within the Port Angeles Police Department. 3. Classes currently represented by the labor contract are Police Officer, Corporal, and Sergeant which will be the order of promotion. 4. Employees in probationary status shall be ineligible for promotional testing. Section K, Union Communications: 1. A Union official who is an employee in the bargaining unit shall be granted time-off without loss of pay for meetings with the employer concerning matters vital to the employees in the bargaining unit;provided however, these activities shall not interfere with the normal functioning of the Department and prior permission from the employee's supervisor shall be obtained. 2. Union investigative and visitation privileges: The Business Representative of the Union may visit the work location of employees covered by this agreement at any reasonable time; provided however, visitations shall not interfere with the normal functioning of the Department. The Business Representative agrees to notify management of his presence in the work place. 3. Bulletin Boards: The Employer shall provide suitable space for a Union bulletin board on its premises in an area which is frequented by all employees within the bargaining unit. 4. Union Business: Reasonable time off with pay shall be provided to affected employees to attend official Union functions, like Union membership meetings;provided however, attendance shall not interfere with the normal operations of the Department. 7 J - 12 ARTICLE III -WORKING CONDITIONS Section A -Hours of Work 1. Work Schedule for Officers Assigned a 4/11 Work Shift:. The language in this section only applies to employees who are working the 4/11 schedule. . If at any time either party determines that the 4/11 shift schedule is no longer going to be utilized then all contract language will revert back to the contract language referencing an 8 hour shift. Both parties enter into agreement regarding the 4/11 shift with the understanding that unforeseen issues relating to the 4/11 shift schedule can be brought forward at anytime for further discussion or clarification. Any changes made to shift schedule contract language will be incorporated into the labor agreement by addendum. Shift Bidding: Start times and teams will be determined by the Chief of Police or his designee. Employees will bid annually for start times in order of seniority on their assigned teams. Employees will bid one day shift time slot and one night shift time slot on their assigned team. Employees will rotate from day shift to night shift as close to the halfway point of the work year as possible. Work Week: The regular work week shall consist of five (5) eight (8)hour days with two (2) consecutive days off or, in the alternative, four(4) ten (10)hour days with three(3) consecutive days off, or four(4) eleven (11)hour days with four(4) consecutive days off. Alternative shifts may be adopted and utilized based upon mutual agreement of the City and the Employee. Each work day shall include a 30 minute paid lunch and two (2) fifteen (15) minute rest breaks. The maximum number of hours an employee may work shall be 13 hours in a work day, or 65 hours in a work week, except in emergency conditions as determined by the Police Chief. Extended Shift Adjustments: Seven (7) days advance notice will be provided to changes to an employee's established schedule, unless an emergent police situation requiring a reallocation of personnel exists or a reassignment of personnel due to illness, injury, suspension, resignation or termination of commissioned personnel with less than two weeks notice occurs. An employee who is required to report back to duty on a new schedule without seven (7) days advance notice and prior to completing a scheduled four days off shall receive overtime for that portion of the work week worked which falls during the previously scheduled four days off. The minimum notification period may be waived by the affected employee. This section does not apply to employees that are called in to cover unscheduled overtime(i.e. Sick leave). Mandatory Training Days: Employees working the 4/11 patrol schedule will attend at least six (6) mandatory training days or assigned detail work throughout the year, in addition to their regularly scheduled work days. These training days will be assigned based on the agency's needs. Training days will not fall on the employee's calendar weekend (Saturday/Sunday) and will be scheduled on the employees' last regularly scheduled day off. These days will be scheduled no later than 30 days in advance 8 J - 13 and shall not be included in the calculations of an employees work week for purposes of overtime. These days are used to get employees to the 2080 hours that are required of a full-time employee for the work year. Full time employees are required to work 2080 hrs in a work year. Training days will be scheduled in advance and are considered part of the employee's regularly scheduled work week during the weeks they occur. These training days shall be paid at regular pay scale and shall not be included in calculations for purposes of overtime. Overtime: All work performed by employees in excess of eleven (11)hours in the same work day or in excess of 44 hours in the same work week shall be compensated at the overtime rate. Any time worked on a scheduled day off shall be compensated at the overtime rate excluding the training days as identified above. A twenty four(24)hour day, for application of this provision shall be from 2400 to 2400 hours. Any hours worked prior to the expiration of ten hours between shifts for patrol officers shall be paid at the overtime rate. The employer may cover employees performing law enforcement activities under special overtime provisions as identified in the Port Angeles Police Department Policy &Procedure Manual, Policy 1038, Overtime Payment Requests. When overtime arises for situations that were unplanned (i.e. Sick Leave) the overtime will first be offered to the employee(s) that are scheduled to be getting off or coming in first to work. If neither employee volunteers to cover the overtime then it will be offered to all employees on their days off in descending seniority. If no employee on their days off volunteer to cover the overtime then the overtime will be assigned to the employee(s) on shift in ascending seniority. Exemption: If an employee is required to report to the employee's scheduled shift within ten (10)hours of working his or her previously scheduled shift, then the employee shall earn pay at the overtime rate until a ten (10)hour or more period of time falls between the employee's scheduled shifts. Employees may flex their shift forward by two hours in lieu of overtime if adequate road coverage permits and at the approval of their supervisor to allow for the ten (10) hours of rest between shifts. The intent of the ten (10) hour rule is to economically support allowing officers at least a ten (10) hour period between working scheduled patrol or detective shifts. It does not invoke paying overtime when personnel attend training or meetings between shifts or under emergency circumstances like as barricaded suspects, riots, major crimes, and disasters. This sub-section does not apply to necessary in-service training including but not limited to the following: First Aid/CPR; BAC certification and refresher; firearms qualifications,practice and training; defensive tactics; blood and airborne pathogens; supervision; emergency vehicle operation; criminal law updates (arrests, search and seizure, vehicle stops, etc); instructor certifications and re-certifications; and staff/department meetings. K-9 Officers: An employee assigned as a K-9 handler shall receive sixty (60) minutes of dog maintenance time per shift. This time will either be paid at the officer's overtime rate of pay, or if staffing allows the officer can adjust their start or end time one(1)hour. If the officer chooses to move their start/end time they will still be compensated for eleven (11)hours. 9 J - 14 Holiday pay: If an employee is scheduled to work on a holiday, the employee shall receive pay at the rate of time and one-half for all hours worked on the holiday. All hours worked on a holiday in excess of eleven (11)hours shall be paid at the double time rate. When an employee is called back to work on a holiday for which he was not previously scheduled to work, all hours worked shall be paid at the double time rate. 2. Work Week without 4X11 work week assignment The normal hours on duty for personnel shall be established by the City so the hours worked in any week shall be composed of five consecutive eight(8)hour days and two (2) consecutive days off duty, or four(4) consecutive ten (10)hour days and three (3) consecutive days off duty. The City may require overlapping shifts if needed. Starting time for all regular shifts shall be as follows: Patrol shifts are: Days: 7:00 AM to 3:00 PM Swing: 3:00 PM to 11:00 PM Graveyard: 11:00 PM to 7:00 AM Detective, shifts are: Days: 7:00 AM to 3:00 PM 8:00 AM to 4:00 PM 9:00 AM to 5:00 PM 10:00 AM to 6:00 PM SRO and DRO schedule are by mutual agreement. 3. Work Day: The normal work day, for Patrol and Detectives shall be as in the table above. (separated at the approximate mid-point by a meal period, if appropriate, as defined herein). The starting and ending times of the work day (a shift) shall be determined by the City. 4. Personal Requests: Personal requests for a change or trade of day, or shift must be approved by administration. The City shall not be obligated to provide overtime or additional compensation to the affected employees for overtime incurred resulting from a requested change or trade of day, or shift for personal reasons nor shall the City be obligated to pay for time not worked in a normal work week as a result of changed or traded of shifts. 5. Rest Periods: The City shall provide two 15-minute rest periods; one in the first half and one in the second half of the shift. Rest periods may not be permitted if Departmental operations would be affected. Rest periods, if not taken as scheduled by the supervisor, shall not be accrued and taken beyond the current shift. 6. Meal Periods: Meal periods shall be scheduled by the City and will be either 30 minutes of paid time or 60 minutes of non-paid time, as determined by the City. The Supervisor shall determine the meal period during the shift. 10 J - 15 7. The K-9 Officer's work day shall be an 8-hour shift, including 60 minutes of dog maintenance. 8. Regular Detective: Alternatives to the regular detective days of work and the selection of shifts in the Detective Division shall be the responsibility of the Detective Sergeant, with administrative approval. Alternative shift rotations and work days may be discussed and implemented by mutual agreement of the parties. Any changes will be in writing as an addendum to this Agreement. a. Seven days advance notice will be provided to changes to an employee's established schedule, unless an emergent police situation requiring a reallocation of personnel exists or a reassignment of personnel due to illness, injury, suspension or resignation or termination of commissioned personnel with less than two weeks notice is necessitated. An employee who is required to report back to duty on a new schedule without seven (7) days advance notice and prior to completing a scheduled two days off shall receive overtime for that portion of the work week worked which falls during the previously scheduled two days off. b. Nonstandard days or extra shifts may be scheduled for the following reasons, when needed, and will be scheduled 24 hours in advance, unless an emergency manpower situation exists: To provide staff for a special services section that may include, but is not limited to, Bicycle Patrol Crime Prevention duties, , DUI emphasis patrols, focused crime prevention patrols, criminal investigations, or community policing functions as adopted by the department. Section B - Shift Rotation (when not on 4X11 schedule) The City may, at its discretion, change an employee's workday or shift. In the event of these changes or rotations, the City shall provide a minimum of seven (7) calendar days' advance notice to the employees affected. Section C -Response Time Employees covered by this agreement shall reside within a 30-minute response time from the Police Department Headquarters. Driving time shall be calculated using the lawful speed limits. Section D -Relatives Working in the Police Department If employees in the Police Department become related through marriage or cohabitation, which may result in a problematic, questionable, or preferential supervisor/subordinate relationship in the judgment of the Police Chief, the City will make a reasonable effort to change days of work or shifts of the individuals affected. 11 J - 16 However, the City reserves the exclusive right to terminate, transfer, or re-assign one of the individuals involved, if necessary, to resolve operational or personnel problems in managing the Police Department. Prior to terminating an employee because of this policy, the City shall make reasonable effort to transfer the individual to another position. The Union reserves the right to be consulted prior to any decision on this matter. Section E -Work Stoppages, Strikes, or other Concerted Work Actions The City and the Union agree that the public interest requires efficient and uninterrupted municipal services, and to this end, pledge their support to avoid or eliminate any conduct contrary to this objective. During the term of this agreement, the Union and the employees covered by this agreement shall not engage in any work stoppage, strike, work slow-down, sick- out, or any other concerted activity which may, in any manner, interfere with public safety, municipal services, or be construed as contrary to the objective above. It is further understood employees who engage in any actions as noted above shall be subject to any disciplinary action as may be determined by the City. Employees shall be held responsible for any financial losses suffered by the City as a result of work actions. Section F -Drug Testing Policy 1. Policy: Reporting to work under the influence of alcohol and/or illegal drugs, or the use, sale, or possession by an employee of illegal drugs is strictly prohibited and may result in disciplinary action, including immediate termination. For the purpose of this policy, substances that require a prescription or other written approval from a licensed physician or dentist for their use shall also be included when used other than as prescribed. Each employee must advise the employer if they are using prescription or over the counter drugs they know or reasonably should know may impair their ability to perform job functions and/or operate machinery like automobiles. Under appropriate circumstances, the employer may request the employee provide written medical authorization to perform various job functions from a physician while using these drugs. Any voluntary request by an employee for assistance with his/her own alcohol abuse problem will remain confidential and shall not be used as the basis for any disciplinary action provided that the request for assistance is initiated prior to being identified as impaired through the procedures herein. The parties recognize the essential purpose of any law enforcement agency is to enforce the criminal laws. Moreover, the parties recognize the courts have held it would substantially impair law enforcement agencies if they were required to employ individuals within their ranks who have violated the very laws said agencies are charged with enforcing. Therefore, the employer reserves the right to refuse to employ or continue the employment of individuals who are or have been engaged in criminal conduct, whether drug-related or not. 12 J - 17 When a supervisory employee has a reasonable suspicion to believe an employee is under the influence of alcohol or illegal drugs, or is using illegal drugs, the employee in question will be asked to submit to discovery testing including breath tests, urinalysis and/or a blood screen for the presence of alcohol or illegal drugs. An employee who refuses to submit to discovery testing for alcohol and/or illegal drugs shall be conclusively presumed to be under the influence of alcohol or an illegal drug for the purpose of administering this Section. If the results of the drug test are positive, and establish that the employee used an illegal drug, or reported to work while under the influence of alcohol, the employee may be subject to discipline including immediate discharge. 2. Definitions: For the purpose of administering this Section, the following definition of terms is provided: Reasonable Suspicion - Reasonable suspicion is based on specific objective facts and reasonable inferences from those facts in the light of experience, that discovery testing will produce evidence of illegal drugs or improper alcohol use by that particular employee. Under the Influence - The following cut-off levels shall be used for the initial screening of specimens to determine whether they are negative for these drugs or classes of drugs: n /ml Test Level I/ n /ml Test Level Marijuana metabolites 100 ng/ml Cocaine Metabolites 300 ng/ml Opiate metabolites 300 ng/ml Phencyclidine 25 ng/ml Amphetamines 1000 ng/ml Barbiturates: Secobarbital 300 ng/ml Phenobarbital 1000—3000 ng/ml Butalbital 1000 ng/ml Benzodiazepines: Oxazepam 300 ng/ml Chlordiazepoxide 3000 ng/ml Diazepam 2000 ng/ml Methadone 300 ng/ml Methaqualone 300 ng/ml Propoxyphene 300 ng/ml Ethanol 0.03 g/dl 13 J - 18 Level of the positive results for ethyl alcohol 0.05 gr/dl. Illegal Drugs - are defined as all forms of narcotics, depressants, stimulants, hallucinogens, and cannabis, which sale,purchase, transfer, or unauthorized use or possession is prohibited by law. Over-the-Counter Drugs - are those which are generally available without a prescription and are limited to those drugs which are capable of impairing the judgment of an employee to safely perform the employee's duties. Prescription Drugs - are defined as those drugs which are used in the course of medical treatment and have been prescribed and authorized for use by a licensed practitioner/ physician or dentist. Legal Drugs - The appropriate use of legally prescribed drugs and non-prescription medications is not prohibited by this policy. However, the use any substance which carries a warning label that indicates mental functioning, motor skills, or judgment may be adversely affected must be reported to the employee's supervisor immediately prior to reporting to work. The employee will not be permitted to perform safety-sensitive work, operate equipment or vehicles or carry a firearm while on city business without a written release from his/her doctor that the employee is deemed safe to perform duties. Employees who violate this policy shall be disciplined up to and including termination. 3. Procedures: • If an employee is required to submit to a drug test, the following procedure shall be followed: • The employee shall be given an opportunity to confer with a union representative if one is readily available and the employee has requested a representative. • The employee shall be given an opportunity to explain to the Medical Review Officer(MRO) the reasons for the employees conditions, reaction to a prescribed drug, fatigue, exposure to toxic substances, or any other reasons known to the employee. The employee, employer, and a union representative may be present during this discussion. • The employer may request urine and/or blood samples. • Urine and blood samples shall be collected at a local laboratory, hospital, or medical facility. The employer shall transport the employee to the collection site. The employer and/or union representative may be allowed to accompany the employee to the collection site and observe the bottling and sealing of the specimen. • All specimen containers and vials and bags used to transport the specimen shall be sealed to safeguard their integrity, in the presence of the employer, employee, and the union representative to the extent they have elected to be present, and proper chain-of-custody procedures shall be followed. 14 J - 19 • The collection and testing of the samples shall be performed only by a laboratory and by a physician or health care professional qualified and authorized to administer and determine the meaning of any test results. The laboratory performing the test shall be one that is certified by the National Institute of Drug Abuse(NIDA). • If a specimen tests positive in an immunoassay screen test, the results must be confirmed by a gas chromatography/mass spectrometry test. The specimen must show positive results at/within the following limits on the GC/MS (gas chromatography/mass spectrometry) confirmatory test to be considered positive: If immunoassay is specific for free morphine, the initial test level is 25 ng/ml. Confirmatory Test: Barbiturates 200 ng/ml Benzodiazepines 200 ng/ml Methadone 100 ng/ml Methaqualone 300 ng/ml Ethanol 0.03 g/dl • At the employee's or the union's option, a sample of the specimen may be requisitioned and sent to a laboratory chosen by the union for testing. The cost of this test will be paid by the union or the employee. Failure to exercise this option may not be considered as evidence in an arbitration or other proceeding concerning the drug test or its consequences. The results of this second test shall be provided to the City. • The employee and the union shall be informed of the results of all tests and provided with all documentation regarding the tests as soon as the test results are available. The parties agree to use the Medical Review Officer(MRO)in the Association of Washington Cities (AWC) Drug Testing Consortium to review all confirmed positive test results and communicate those results to the employer. The MRO shall have the responsibility to determine when an individual has failed a drug test in accordance with the standard enumerated herein. 15 J - 20 ARTICLE IV - COMPENSATION Section A -Wages - Three-Year Agreement Effective 1/1/2012 the wage table will be increased by 2%but no Retroactivity will be paid for 2012. Wages will be increased by 2% 1/1/2013 including the compounding of the 1/1/2012, and by another 2% 1/1/2014. Retroactivity will only apply to those on the Payroll as of the date of execution. See Appendix A for wage table. Section B -Deferred Compensation The City will make a 3.1% biweekly contribution to the deferred compensation account of each bargaining unit employee, based upon the employee's base wage. Section C -Lon2evity Pay The City agrees to pay longevity premiums as follows, computed upon the monthly base wages: • Completion of five (5) years City service, 2%; • Completion of ten (10) years City service, a total of 4%; • Completion of fifteen (15) years City service, a total of 6%; • Completion of twenty (20) years City service, a total of 8%. Longevity premiums shall be paid beginning with the first full pay period following the completion of the eligibility requirements. For the purpose of determining eligibility for longevity premiums, City service shall be limited to time served in good standing as a regular full-time employee of the Port Angeles Police Department covered by this Agreement. Section D - Overtime Compensation (applies when NOT on 4X11 schedule) 1. Overtime hours are those compensable hours which the employee is assigned to work in excess of forty (40)hours in the week or eight(8) hours in a day. 2. Overtime hours worked shall be paid at the rate of time and one-half the employee's regular rate of pay, calculated to the nearest 15 minutes. 3. Overtime pay shall not be compounded with any other form of premium compensation, excluding higher class pay, paid to the employee. 4. Overtime work is a condition of employment when called upon to meet the operational needs of the Department. However, the Department shall attempt to assign overtime in a fair and equitable manner whenever possible. Overtime shall be offered to regular, full- time Police Officers in descending seniority and assigned by ascending seniority. All regular overtime and paid detail police work shall be offered to Police Officers prior to using Police Reserves. 5. If an employee is required to report to the employee's scheduled shift within twelve (12) hours of working his or her previously scheduled shift, then the employee shall earn pay at the overtime rate until a twelve (12) hour or more period of time falls between the 16 J - 21 employee's scheduled shifts. An officer's starting time or end time may be changed to allow for the required rest period so no overtime is incurred. The intent of the twelve (12) hour rule is to economically support allowing officers at least a twelve (12) hour period between working scheduled patrol or detective shifts. It does not invoke paying overtime when personnel attend training or meetings between shifts or under emergency circumstances like barricaded suspects, riots, major crimes, and disasters. This sub-section does not apply to necessary in-service training including but not limited to the following: First Aid/CPR; BAC certification and refresher; firearms qualifications, practice and training; defensive tactics; blood and airborne pathogens; supervision; emergency vehicle operation; criminal law updates (arrests, search and seizure, vehicle stops, etc); instructor certifications and re-certifications; and staff/department meetings. 6. The maximum number of hours an employee may work shall be 12 hours in a work day, or 65 hours in a work week, except in emergency conditions as determined by the Police Chief. Section E - Stand-By/Call-Back 1. Stand-by hours are those hours in which the Police Department requires an employee to remain "on-call" for possible work outside his/her normal work schedule, when assigned by a supervisor. The employee on stand-by shall be required to carry a cell phone. 2. Stand-by Compensation: An employee on stand-by assignment shall receive $22/day-for. A day is a 24-hour period and a week is a week of 168 consecutive hours. 3. Call Back Compensation: An employee called back to work on other than his/her normal work schedule shall be compensated a minimum of three (3)hours at the overtime rate of pay. Hours worked beyond the three (3)hour minimum shall continue to be paid at the overtime rate until relieved of duty. Court time, on other than the employee's regular work schedule, shall be compensated as call-back Section - Compensatory Time 1. No employee will be allowed to accumulate more than 120 hours of comp time. 2. An employee on compensatory time off shall be deemed to be on official leave with pay status. 3. Any compensatory time credits which have been actually taken by an employee shall be included in computing the hours of his/her work week. 4. An employee who notifies the Police Chief or his designee promptly and substantiates to the satisfaction of the Police Chief or his designee that he/she was sick on a scheduled day of compensatory, vacation, or holiday_time off may request that a day of sick leave be taken rather than previously scheduled compensatory time. 17 J - 22 Use of compensatory time shall be by mutual agreement with the employee and his/her supervisor or the Department Head. The Department Head or employee's supervisor shall make all reasonable efforts to accommodate a request for compensatory time off when made at least seven (7) days but not more than thirty (30) days in advance. This section shall also apply to floating holidays. 5. An employee may choose to add comp time to his bank as long as his bank does not exceed the 120 hour maximum. Section G-Educational Incentive Pay The City, to encourage and improve the proficiency of its employees, offers employees covered by this Agreement the following Educational Incentive Pay program. Fifty-six dollars ($56 for Officers, $60 for Corporals, $65.00 for Sergeants)per pay period for attainment of a two-year degree in a law enforcement related subject until the time 2% shall be equal to or greater than the above dollar amount, at that time the classification shall receive 2%in addition to the base rate of pay. Eighty-five dollars ($85 for Officers, for Corporals $93.00, for Sergeants $100)per pay period for attainment of a four-year with a BA degree in a law enforcement related subject until the time 4% shall be equal to or greater than the above dollar amount, at that time the classification shall receive 4%in addition to the base rate of pay, effective the date of execution. All law enforcement subjects shall be as approved by the Washington State Training Commission and meet the necessary requirements of an accredited college or university. All new employees having college credits in other than Peninsula College shall have credits transferred to Peninsula College for qualification for the educational incentive pay. This shall not apply to employees who have completed a two or four-year degree program in law enforcement at another accredited college. Probationary employees shall not be eligible for educational pay. This does not apply to promotional probations. Section H - Tuition Reimbursement The City's tuition reimbursement program covers payment for college course work to encourage employees to pursue job-related education/training. Under the tuition reimbursement program, the City pays for 75% of tuition and required books, not to exceed $750 annually, subject to budgetary restrictions and in accordance with the following requirements: a) Requests for tuition reimbursement must be made in writing, in advance, on the form provided by the Human Resources Office. 18 J - 23 b) All course work must be job-related and requires advance approval by the Department Head and City Manager,processed through the Human Resources Office. C) Prior to payment of approved tuition reimbursement, the employee must provide proof of a grade C or better, together with a copy of receipts for the course and required books. d) The City may retain certain course materials (i.e., books, reference materials)if the Department Head determines materials are of value to the City. Courses offered during regular work hours may be approved,per the above policy, if time off can be arranged without affecting the public services or disrupting departmental operations. Time off should be charged to accrued vacation, comp time, or leave without pay. The following are examples of courses that may be approved as job-related. Final determination for acceptability of tuition reimbursement is the decision of the Police Chief and City Manager. • Law enforcement courses (e.g., Introduction to Criminal Justice, Criminal Justice Administration, Crime Scene Investigation, Criminal Law) • Psychology • Speech • Computer courses related to specific software/hardware used by the department • Typing, English • Report writing and written communications courses • Supervision/management courses • Public Administration or related professional degree Section I -Higher Class Pay When an employee is assigned to work in a higher classification for two (2) or more consecutive hours, the employee shall be paid higher class pay at the beginning salary for the higher class for the duration of the assignment, calculated to the nearest 15 minutes. Section J-Uniform Maintenance Allowance 1. Uniforms will be purchased and provided to offers through the Department's quartermaster system. Officers requiring uniforms or equipment shall make a written request to the Department administration for uniforms or equipment. Purchases made under the quartermaster system require the approval of the Chief of Police or his designee. Police Officers, Corporals and Sergeants assigned to the Detective Division shall receive $750 annually. Officers assigned to the Detective Division on or after January 31st shall be paid a pro-rated uniform allowance based on the remaining weeks of the year. 2. The required uniform is described in the Department Policy/Procedures Manual. 19 J - 24 3. Only those items listed in the Police Department Policy and Procedures Manual may be purchased with uniform maintenance allowance funds. The Department retains the right to determine if the article purchased is an approved part of the uniform, is of acceptable quality, and is in conformance with Department standards. 4. The Police Chief retains the right to supply uniform or equipment articles from supplies on hand rather than authorizing the employee to purchase new uniform articles. 5. The employee agrees to maintain and repair his/her uniform and have all items available for inspection upon reasonable notice. 6. All articles purchased by the City will be the property of the City and will be returned prior to leaving City service (i.e., retirement, termination, etc.) 7. The City agrees to provide each officer with a bullet-proof vest, approved by the Police Department. Replacement of the vests and selection of the vests shall be determined by the Police Department. Section K- Field Training Officer Pay The City agrees to pay a Police Officer assigned and functioning as a Field Training Officer an additional $1.50 per hour. 20 J - 25 ARTICLE V -PAID LEAVE TIME Section A -Vacation Vacation leave shall accrue to each employee covered by this Agreement, as follows: Annual Hrs. Days Per Max.Accrual Accrual Year Hours 1 - 5 continuous years of City service 80 10 288 6 - 10 continuous years of City service 120 15 368 11 - 15 continuous years of City service 160 20 448 16 -20 continuous years of City service 200 25 528 21 & over continuous years of City service 240 30 608 Vacation may be taken only upon completion of one full year's service. Thereafter, vacation credit earned may be taken upon proper authorization,per Department procedures. Application for leave shall be made in advance and is subject to Departmental approval. The maximum accrual of vacation leave is noted in the preceding chart. Employees shall be paid for unused vacation leave at their final base hourly rate (i.e., straight time)upon leaving City service, except for terminations during the employee's new hired probationary period. If an employee has prior approval for vacation and is called back to work once his/her vacation has started, the employee will be compensated at the overtime rate of pay for the time which interfered with scheduled vacation. Section B - Sick Leave 1. The use of sick leave benefits is considered a privilege and not a right, and may only be used in the event of actual illness or disability to the employee or family members as provided for in this Contract. In the event of a serious illness to an employee who has exhausted his/her sick leave accrual, the City Manager, at his/her discretion, may advance sick leave credits upon expiration of accrued sick leave credits. 21 J - 26 2. Sick Leave Accrual. Sick leave shall accrue at the rate of 3.69 hours per pay period for all employees covered by this Agreement, not to exceed a maximum of 96 hours per year. The maximum accrual of sick leave is unlimited, but sick leave payoff shall have a maximum of 1,200 hours. 3. Notification Requirements. An employee requesting sick leave usage must provide the proper notice as established in the Police Department Policy and Procedures Manual. When sick leave extends to three or more consecutive days, the employee may be required to provide proof of illness from a medical doctor if the request is made before the employee returns to work. Misuse of sick leave shall be considered cause for disciplinary action. 4. Use of Sick Leave. Sick leave may be used for the following: a. Illness or injury to the employee, on or off the job, resulting in an inability of the employee to perform his/her work. b. Illness/injury to the employee's immediate family requiring the attendance of the employee to medically care for the family member. Proof of this medical need may be requested by the City in the form of a doctor's verification. Sick leave is limited to three days per incident, unless specifically approved by the Police Chief. "Immediate Family" for sick leave and bereavement leave benefits shall include only persons related by blood or marriage or legal adoption, which includes parent, wife, husband, brother, sister, child, grandparents or grandchild, and any relative living in the employee's household. Employees on approved sick leave will continue to accrue sick leave. C. Bereavement Leave: Sick leave may be used for purposes of attending a funeral of a family member. Funeral leave shall be limited to not more than three consecutive days per instance, unless specifically approved by the Police Chief. d. Payment of Unused Sick Leave: The City shall pay 25% of accumulated sick leave upon retirement (normal or disability) or death of the employee after completion of ten (10) or more consecutive years of service. The maximum accrual for purposes of sick leave payoff is 1,200 hours. Payment of sick leave shall be calculated at the employee's base rate of pay. Family Leave: Leave as defined by the City's Personnel Policy and Procedures Manual, Chapter 7.05, Family Leave. 22 J - 27 Section C -Holidays The following are the holidays provided for under this Agreement: All holidays listed are the day they appear in that year's calendar New Year's Day Martin Luther King Day Lincoln's Birthday President's Day Memorial Day Independence Day Labor Day Veteran's Day Thanksgiving Day Day after Thanksgiving Christmas One Floating Holiday 1. Employees covered by this Agreement shall in January of each calendar year, receive 96 hours of holiday time( 11 named holidays plus one floating holiday = 96 hours) The City will establish a separate holiday bank for these hours. 2. If an employee is scheduled to work on a holiday, the employee shall receive pay at the rate of time and one-half for all hours worked on the holiday. 3. All hours worked on a holiday in excess of eight(8)hours shall be paid at the double time rate. 4. When an employee is called back to work on a holiday for which he was not previously scheduled to work, all hours worked shall be paid at the double time rate. 5 When the major portion of any shift is on a contractual holiday, the entire shift shall be paid according to this section. 6. If an employee leaves City service, his/her vacation bank will be reconciled based upon the number of holidays which have occurred during that calendar year,prior to leaving City service, excluding the floating holiday. Employees hired during the calendar year shall have the holiday hours credited based upon the number of designated holidays (including the floater)remaining in the calendar year and shall be allowed to use this holiday/vacation time prior to the completion of one year. 7. For those employees working Monday through Friday, when one of the above holidays falls on Saturday, the preceding Friday shall be observed. When a holiday falls on a Sunday, the following Monday shall be observed. 23 J - 28 ARTICLE VI -HEALTH BENEFITS 1. Medical Benefits: Effective January 1, 2013, based on December 2012 hours and February coverage, and for the life of the agreement, the City shall pay the monthly premium payment into the Washington Teamsters Welfare Trust for Medical Plan A on behalf of each employee who is compensated for eighty (80)hours or more in the preceding month. This Plan A premium shall include the additional monthly premium to maintain the 12 month Premium Waiver Period. Effective January 2013, employee will contribute 11.5% of the premiums necessary to provide the benefits noted in paragraph one of Article VI, 1, Medical Benefits and for the life of the agreement. Effective January 2013, the employer will contribute 88.5% of the premiums necessary to provide the benefits noted in paragraph one of Article VI, 1, Medical Benefits, and for the life of the agreement. 2. Dental Coverage Effective January 1, 2013, based on December 2012 hours and February 2013 coverage, and for the life of the agreement, the City shall pay the monthly premium payment into the Washington Teamsters Dental Trust for Dental Plan A, on behalf of each employee who is compensated for eighty (80)hours or more in the preceding month. The employer will, for the life of the agreement, contribute 100% of the premiums necessary to provide the benefits noted in the foregoing paragraph, Dental Coverage. 3. Vision Coverage Effective January 1, 2013, based on December 2012 hours and for the life of the agreement, the City shall pay the monthly premium payment into the Washington Teamsters Vision Care Trust for Vision Plan EXT, on behalf of each employee who is compensated for eighty (80)hours or more in the preceding month. The employer will, for the life of the agreement, contribute 100% of the premiums necessary to provide the benefits noted in the foregoing paragraph, Vision Coverage. 4. Long Term Disabili ty coverage is provided for and paid by the City for LEOFF 11 Police Officers. The LTD benefits provide for a 90-day waiting period, with benefits equal to approximately 60% of salary, subject to the specific terms and limitations of the policy. Provided by the City through the AWC. 5. Life Insurance: The City will provide term life insurance equal to one times the employee's annual salary, rounded to the nearest thousand, with a maximum of$50,000. The City will also provide AD&D coverage. The life insurance and accidental death and dismemberment coverage are subject to the terms of the policy purchased from the Association of Washington Cities. 24 J - 29 6. RWT-Plus: Teamsters Retiree Medical Effective January 1, 2008, based on December 2007 hours, the employer shall pay into the Retiree's Welfare Trust the amount of$94.85 per month on behalf of each employee performing work of the bargaining unit, in a represented classification, who is compensated for eighty (80)hours or more in the preceding month, to provide the RWT- Plus Retiree Medical Plan. In the application of the terms of this article of the labor agreement by and between Teamsters Local Union NO. 589 and the City, it is understood that the contributions to the Retirees Welfare Trust , (RWT-Plus)Plan, shall be as follows: Effective Date (based on preceding month) Contribution Rate (monthly): 1/1/12 $94.85 The RWT-Plus Retiree Medical Plan, shall, for the life of the agreement, be funded solely through authorized payroll diversion. In like manner, it shall remain the responsibility of the participating employees to fund thru payroll diversion any premium increases necessary to maintain this Retiree's Welfare Trust RWT-Plus Retiree medical plan. In the event that employees elect not to have the wages withheld thru a payroll diversion necessary to cover participation in the RWT Plus Retiree Medical Plan, the employee must notify the employer in writing of that decision. 25 J - 30 ARTICLE VII - GRIEVANCE PROCEDURE Section A - Obiectives To informally settle disagreements at the employee/supervisor level; to provide an orderly procedure to handle the grievance through each level of supervision; to correct, if possible, the cause of the grievance to prevent future complaints; to promote harmonious relations among employees, their supervisors, and Departmental administrators; to assure fair and equitable treatment of employees; to resolve grievances at the Departmental level before appeal to higher levels. Section B -Definitions The following terms, as used in this Article, shall have the following meaning: Grievance: A complaint by an employee or a Union representative concerning the interpretation or application of this Agreement. A grievance may be filed when the employee believes an injustice has been done because of unfair application of a policy or an alleged violation of any term or condition of this Agreement. Working Day: Exclusive of Saturday, Sunday, and legal holidays. Emplovee: Any employee of the classified service of the City of Port Angeles Police Department covered by this Agreement. Immediate Supervisor: The person who assigns, reviews, or directs the work of an employee. Division Manygeer: The person to whom an immediate supervisor reports. Representative: A person who appears on behalf of the employee. Department Head: The Police Chief of the City of Port Angeles. Section C -Exclusions 1. Work assignments, unless the complaint arises out of an allegation that the employee was required to work in violation of applicable sections of this Agreement. 2. Appeals involving examination procedures. (These matters are within the Civil Service Commission's authority.) 3. Work performance evaluations. 4. Impasse in collective bargaining. 5. Grievances filed after ten (10)working days from date of occurrence, or after ten (10) working days from the date the employee had knowledge of an occurrence. 26 J - 31 Section D - Time Limits Time limits are established to settle grievances quickly. Time limits may be extended by agreement of the parties. If the grievant is not satisfied with the decision rendered, it shall be the grievants responsibility to initiate the action which submits the grievance to the next level of review within the time limits specified. Failure of the employee to submit the grievance within the time limits imposed shall terminate the grievance process, and the matter shall be considered resolved. Failure of the City to respond within the time limits specified will allow the grievant to submit the grievance to the next higher step of the grievance procedure. Section E - The Parties' Rights and Restrictions 1. A party to the grievance shall have the right to record a formal grievance meeting at the expense of the requesting party. 2. An employee may have a representative present at all steps of the grievance procedure. 3. Reasonable time in processing a grievance will be allowed during regular working hours for the shop steward, with advanced supervisory approval. 4. Nothing within this grievance procedure shall be construed as limiting the right of management to manage the affairs of the City. 5. Grievances of an identical nature, involving an alleged violation of the same article, section, etc., concerning the same subject matter, may be consolidated. 6. Confidential Communication. Any communication between a member of the Union and any recognized Union representative regarding a potential or actual employee grievance will be defined as confidential. 7. The Union, as a representative, may file a grievance alleging that the City has violated specific rights afforded the employees covered by the Agreement. The grievance shall be filed directly at Step 2 (Department Head level), and shall be bound by the time limitations and procedures set forth in the grievance procedure. Section F -Informal Grievance Disposition Within ten (10)working days from the occurrence of the incident on which a complaint is based, or within ten (10)working days from the employee's knowledge of the occurrence, the employee will promptly meet to verbally discuss the complaint with his immediate supervisor. In those circumstances where the nature of the complaint involves the immediate supervisor, the employee may verbally discuss the complaint with the next higher level of supervision,provided notification is given the immediate supervisor by the employee. The initial discussion shall precede the use of the formal grievance procedure. If the supervisor fails to reply to the employee within ten (10)working days of the meeting, or if the employee is not satisfied with the decision, the employee may utilize the formal grievance procedure. Section G- Formal Grievance Procedure Step 1: Supervisor The formal grievance procedure shall be initiated by the employee, stating the nature of the 27 J - 32 grievance, the alleged violation by section or number, and the desired solution, in writing on the City grievance form, together with any supporting documents attached to the grievance form. The grievance form and any supporting documents shall be delivered to the supervisors with whom the informal meeting was held, no later than ten (10)working days from the date of the close of the informal meeting. The supervisor shall hold a formal meeting with the employee to review the facts, gather all supporting documents, discuss the complaint and desired solution, and discuss the proper appeal procedure. The supervisor will issue a written decision on the original grievance form within ten (10)working days of the close of the formal meeting. Step 2: Department Head If the employee feels the immediate supervisor has not resolved the grievance, the employee may appeal to the Department Head. At this time, all supporting documents and evidence relative to the grievance shall be included with the appeal. The Department Head shall hold a formal meeting with the employee and his representative, if requested, within ten (10)working days from the date of the appeal receipt, and attempt to settle the grievance. A decision shall be made, in writing, on the original grievance form, to the employee by the Department Head within ten (10)working days from the close of the formal meeting. Step 3: City Manager If the employee is not satisfied with the decision of the Department Head, he/she may appeal the decision to the City Manager within ten (10) working days from receipt of the Department Head's decision. In his appeal to the City Manager, all supporting documents must be attached to the grievance form, together with the grievants reason for appeal and stated remedy requested. The City Manager or his designee will review the original grievance, all supporting documents, the Department Head's response, and the remedy requested, and issue a written decision within ten (10)working days of receipt of the grievance. Step 4 -Binding Arbitration If the grievant is not satisfied with the decision of the City Manager, within ten (10)working days after receipt of the decision, the Union may submit the grievance to binding arbitration. For purposes of arbitration, the parties agree to use the Federal Mediation & Conciliation Service and request a list of seven names. The selection of the arbitrator shall be by each side striking a name from the list, with the first party to strike a name determined by a coin toss, until only one name remains. In the event the initial list is not satisfactory to either party, a second list of names may be requested The cost of the arbitrator shall be divided equally between the City and the Union. Cost for witnesses, court reporter, or other individual expenses shall be borne by the requesting party. The Arbitrator shall not have the power to alter, amend, or change any contractual language of the Labor Agreement. 28 J - 33 ARTICLE VIII -DURATION OF AGREEMENT This Agreement shall be effective January 1, 2012, and shall remain in force through December 31, 2014, and shall remain in effect during the course of negotiations of a new Contract. IN WITNESS WHEREOF, we hereunto attach our signatures this day of June, 2014. CITY OF PORT ANGELES TEAMSTERS LOCAL #589 Dan DiGuilio, Mayor Mark Fuller, Secretary/Treasurer Dan McKeen, City Manager Bob Coons, Human Resource Manager 29 J - 34 APPENDIX "A" Waste Table 1.00%effective 07-01-10 2010 Teamsters Sworn Grade/Step Table same wage table for 2010 and 2011 Class Position Grade Step Hourly Bi-Weekly Monthly Annual # Title Rate Amount Amount Salary 6000 POLICE OFFICER TS1 1 27.265 2181.20 4726 56711 POLICE OFFICER TS1 2 28.491 2279.28 4938 59261 POLICE OFFICER TS1 3 29.784 2382.72 5163 61951 POLICE OFFICER TS1 4 31.126 2490.08 5395 64742 POLICE OFFICER TS1 5 32.468 2597.44 5628 67533 6001 POLICE SERGEANT TS2 1 36.202 2896.16 6275 75300 POLICE SERGEANT TS2 2 37.429 2994.32 6488 77852 6002 POLICE CORPORAL TS3 4 33.423 2673.84 5793 69520 POLICE CORPORAL TS3 5 34.765 2781.20 6026 72311 2012 Teamsters Sworn Grade/Step Table 2.0% increase per Arbitration Award, not retroactive. Class Position Grade Step Hourly Bi-Weekly Monthly Annual # Title Rate Amount Amount Salary 6000 POLICE OFFICER TS1 1 27.810 2224.82 4820 57845 POLICE OFFICER TS1 2 29.060 2324.87 5037 60447 POLICE OFFICER TS1 3 30.379 2430.37 5266 63190 POLICE OFFICER TS1 4 31.748 2539.88 5503 66037 POLICE OFFICER TS1 5 33.117 2649.39 5740 68884 6001 POLICE SERGEANT TS2 1 36.926 2954.08 6401 76806 POLICE SERGEANT TS2 2 38.177 3054.21 6617 79409 6002 POLICE CORPORAL TS3 4 34.091 2727.32 5909 70910 POLICE CORPORAL TS3 5 35.460 2836.82 6146 73757 2013 Teamsters Sworn Grade/Step Table 2.0% increase per Arbitration Award. Class Position Grade Step Hourly Bi-Weekly Monthly Annual # Title Rate Amount Amount Salary 6000 POLICE OFFICER TS1 1 28.366 2269.32 4917 59002 POLICE OFFICER TS1 2 29.642 2371.36 5138 61655 POLICE OFFICER TS1 3 30.987 2478.98 5371 64454 POLICE OFFICER TS1 4 32.383 2590.68 5613 67358 POLICE OFFICER TS1 5 33.779 2702.38 5855 70262 6001 POLICE SERGEANT TS2 1 37.664 3013.16 6529 78342 POLICE SERGEANT TS2 2 38.941 3115.29 6750 80998 30 J - 35 6002 POLICE CORPORAL TS3 5 I 36.169 2893.56 6069 I 75233 2014 Teamsters Sworn Grade/Step Table 2.0% increase per Arbitration Award. Class Position Grade Step Hourly Bi-Weekly Monthly Annual # Title Rate Amount Amount Salary 6000 POLICE OFFICER TS1 1 28.933 2314.71 5015 60182 POLICE OFFICER TS1 2 30.234 2418.79 5241 62889 POLICE OFFICER TS1 3 31.607 2528.56 5479 65743 POLICE OFFICER TS1 4 33.031 2642.49 5725 68705 POLICE OFFICER TS1 5 34.455 2756.42 5972 71667 6001 POLICE SERGEANT TS2 1 38.417 3073.43 6659 79909 POLICE SERGEANT TS2 2 39.720 3177.60 6885 82618 6002 POLICE CORPORAL TS3 4 35.468 2837.50 6148 73775 POLICE CORPORAL TS3 5 36.892 2951.43 6395 76737 31 J - 36 ORT NGELEI W A S H I N G T O N, U. S. .,.. CITY COUNCIL MEMO DATE: June 3, 2014 To: CITY COUNCIL FROM: WILLIAM BLOOR,CITY ATTORNEY CRAIG FULTON,DIRECTOR PUBLIC WORKS AND UTILITIES SUBJECT: Mueller Standstill Agreement Summary: On December 21, 2010, the City entered into a contract with Mueller Systems, Inc. to design and install an Advanced Metering Infrastructure (AMI) system. On January 17, 2014, the City informed Mueller that it was in breach of its contract with the City. Mueller has requested time to provide an acceptable cure plan. Under the contract, the City must allow Mueller a reasonable time to resolve the breach of contract. Once the plan has been submitted, then the City can evaluate the plan and decide how to proceed. During subsequent communications with Mueller, the option to negotiate a mutual termination of the contract was discussed, with the first step being the development of a Standstill Agreement,prior to any negotiations. Recommendation: First, Authorize the City Manager to sign the Standstill Agreement with Mueller and to approve minor modifications/corrections as needed. Second, Authorize the City Manager to sign a contract amendment with West Monroe Partners on a time-and-expenses basis, in the amount not-to-exceed $140,000 for technical assistance and negotiation support before, during, and after contract negotiations with Mueller. BACKGROUND/DISCUSSION: On December 21, 2010, the City executed a contract with Mueller Systems to design and install an Advanced Metering Infrastructure (AMI) system, automating large portions of the City's water and electric billing process. The project was originally scheduled for completion by November 25, 2011. On January 17, 2014, the City informed Mueller that it had breached its agreement to plan and install the City's Advanced Metering Infrastructure (AMI) system, by failing to provide a functioning system as required by the contract. On February 24, 2014 Mueller responded by letter to the City disputing the City's allegations of contract breach. As a part of its response, Mueller also offered to discuss ways to cure the claimed AMI project issues. J - 37 Page 2 Memo to Council Re:Mueller Standstill Agreement June 3,2014 Under the contract, the City must allow Mueller a reasonable time to resolve the contract issues; and the City did agree to give Mueller an opportunity to provide an acceptable cure plan. To facilitate a possible cure of the issues, representatives of the City and Mueller in March began a series of communications that have continued to date. In the process of those ongoing discussions, the City's and Mueller's representatives came to appreciate that one viable alternative to a cure plan and fulfillment of the AMI project may be to negotiate a mutual termination of the AMI contract. After further consideration, the representatives agreed to present this idea to the governing bodies of the two entities. To this end, the representatives created a Standstill Agreement. The Standstill Agreement, if approved, would suspend all work on the AMI project. It preserves the status quo as it exists today, and it provides a window of 60 business days for the parties to negotiate a termination of the AMI contract. If the negotiation is unsuccessful, it leaves the parties in the same position status they are in today. Neither the City nor Mueller Systems waive any rights or claims related to the contract by entering into this process. The benefits of a negotiated termination include a shortened time to achieve resolution of the contract disputes and a road to mutually agreed-upon conditions for terminating the existing contract. It would also allow the City to move forward with its assessment of other metering possibilities, as outlined by West Monroe Partners at the City Council's February 4, 2014 meeting. As part of these contract termination negotiations, West Monroe Partners will provide technical assistance and negotiation support to the City throughout the process. Their technical insight on the design and current status of the AMI system will be invaluable to the City during negotiations. The scope of work for this assistance includes: 1. Providing expanded assessment of the metering system modernization options, requirements, costs and actions to better define a negotiation strategy and desired City metering system end-state. 2. Collaborating with the City Staff in defining negotiating positions, trade-offs and prepare a negotiation decision tree. 3. Participating in meetings/phone calls preparing for negotiation sessions, attend and participate in the negotiation meetings,prepare documents for negotiation sessions as requested by the City. 4. Providing input to contract termination documents as requested by City As with any large contract negotiation process, it is difficult to estimate up-front the full time and effort required to prepare for, and conduct successful negotiations. As such, the contract amendment will be based on time-and-expenses, rather than firm-fixed-price. To ensure cost control, WMP will track accumulated expenditures and update the City bi-weekly on their expenses in support of negotiations. The expenses associated with the negotiations with Mueller Systems, including the costs for the West Monroe Partners consulting contract, travel and other related expenses that will be incurred by the City will be paid from resources provided by the 2010 Revenue Bond sales used to fund the AMI project as well as interest earnings on the unspent funds. Currently, the City has $3,368,004 available in the AMI project account. J - 38 RECOMMENDATION: First, Authorize the City Manager to sign the Standstill Agreement with Mueller, and to approve minor modifications/corrections as needed. Second, Authorize the City Manager to sign a contract amendment with West Monroe Partners on a time-and-expenses basis, in the amount not-to-exceed $140,000 for technical assistance and negotiation support before, during, and after contract negotiations with Mueller J - 39 STANDSTILL AGREEMENT THIS Standstill Agreement("Agreement")is entered into this day of June, 2014 between Mueller Systems, LLC ("Mueller"), a North Carolina corporation and the City of Port Angeles ("City") a Washington municipal corporation (collectively "the Parties") to facilitate a standstill period in the dispute currently existing between Mueller and the City. RECITALS WHEREAS, Mueller and the City entered into an agreement entitled Advanced Metering Infrastructure System Agreement on December 21, 2010 and a first amendment dated February 23, 2012, collectively referred to herein as the "AMI Agreement"; and WHEREAS, the AMI project is behind schedule, and the AMI system described in the AMI Agreement has not been fully installed and is not operational; and WHEREAS, the City contends that Mueller has materially breached the AMI Agreement; and WHEREAS, Mueller contends that it has not materially breached the AMI Agreement, that it is capable of performing pursuant to the terms of the AMI Agreement and has attempted to cure any alleged default which the City contends occurred pursuant to the terms of the AMI Agreement; and WHEREAS, the Parties agree that the most efficient resolution of the pending dispute may be through a mutually agreed termination of the AMI Agreement, to include a settlement of all related claims; and WHEREAS, the Parties desire to toll all pending claims without waiving any of their respective rights under the AMI Agreement in an effort to facilitate settlement of their respective claims; NOW, THEREFORE,in consideration of the covenants and promises set forth herein the Parties covenant and agree as follows: 1. TOLLING AND STANDSTILL 1.1 During the term of this Agreement, the Parties agree to cease all work on construction and implementation of the AMI system. 1.2 The Parties agree that they will not,prior to the termination of this Agreement, institute litigation related to the claims. The Parties further agree that they will engage in good faith negotiations and endeavor to settle their respective claims and mutually terminate the AMI Agreement amicably and without resort to litigation. 1of5 4836-6409-0903.03 042814/1304/16682.00006 J - 40 1.3 The Parties agree that the "Effective Date" of this Agreement shall be the date that this Agreement is signed by both parties. Any statute of limitation or repose applicable to any claims, rights, or status of the AMI project that was not already barred by the passage of time on that date, shall be tolled as between the Parties. The time between the Effective Date and the termination of this Agreement will not be included in computing the time limited by any statute of limitations or repose. 1.4 The Parties shall not employ this Agreement, or the Effective Date and the termination of this Agreement, as a basis for any claim of waiver, estoppel or laches, or any other equitable defense based on the passage of time, in any action. 1.5 In order to make the Parties' negotiations as efficient as possible, the Parties agree to the following procedure: 1.5.1 Within ten (10)business days after the Effective Date, each Party will deliver to the other, in writing, a list of issues to be negotiated. 1.5.2 Within ten (10)business days after that the date established in Section 1.5.1, each Party may deliver to the other a written response to or a request for clarification of the issues list. 1.5.3 If a request for clarification is made, the other Party shall respond to it within ten (10) business days. 1.5.4 The Parties shall mutually agree upon a time and place in Seattle, WA, for face-to-face negotiations. The first negotiation session shall commence not later than forty (40) business days after the Effective Date. The Parties will set the date for negotiations as soon as possible, but in any event not later than five(5)business days after the last required response. The Parties shall, as a priority, make available such personnel as are reasonably necessary for successful negotiations. The Parties shall commit at least four(4) consecutive calendar days to participate in the first negotiating sessions. 1.5.5 Each Party will give to the other, a list of the people who will represent the Party in the negotiations. The lists shall be exchanged as soon as possible, but in any event not later than five (5)business days prior to beginning the face-to-face negotiations 1.5.6 The Parties may, if appropriate, mutually agree to schedule subsequent negotiating sessions. 1.6 The term of this Agreement shall be sixty (60)business days from the Effective Date; however, either Party may terminate this Agreement on ten (10) calendar days advance written notice any time after the negotiating sessions called for in paragraph 1.5.4 above have been completed. The terms and provisions of this Agreement are binding on the Parties only while this Agreement is in force and effect and do not survive the expiration or termination of this Agreement. 2of5 4836-6409-0903.03 042814/1304/16682.00006 J - 41 1.7 The Parties intend that the settlement negotiations contemplated by this Agreement are subject to ER 408/FRE 408. Except to enforce the terms of this Agreement, or to respond to assertions about its effect, no Party shall use the execution of this Agreement, or any negotiations leading to it, against any other Party in any action or proceeding. 2. GENERAL PROVISIONS 2.1 Should any of the provisions of this Agreement be rendered invalid in any action or proceeding, it is agreed that this shall not in any way affect the enforceability of the other provisions of this Agreement that shall remain in full force and effect. 2.2 The Parties agree that specific performance and injunctive relief are appropriate remedies to compel compliance with the provisions of this Agreement. 2.3 This Agreement shall be construed, governed, and enforced in accordance with Washington law. 2.4 This Agreement may be signed in one or more counterparts. When signed by all Parties in one or more counterparts, this Agreement shall become effective. 2.5 This Agreement is solely for the benefit of the Parties, represents the entire and integrated agreement between the Parties, and supersedes all prior negotiations, representations or agreements, either written or oral. This Agreement and each and every provision are for the exclusive benefit of the Parties and not for the benefit of any third party except to the extent expressly provided in this Agreement. 2.6 Modifications of this Agreement may be made only if such modifications are in writing and signed by an authorized representative of each of the Parties. 2.7 The Parties expressly agree that this Agreement was jointly drafted, and that both had the opportunity to negotiate its terms and to obtain the assistance of counsel in reviewing its terms prior to execution. Therefore, this Agreement shall be construed neither against nor in favor of either Party, but shall be construed in a neutral manner. 2.8 Each signatory represents that he or she is authorized to bind the Party for which he or she signs to the terms of the Agreement. 2.9 Notwithstanding any other term or provision of this Agreement, the Parties agree that they shall not directly or indirectly disparage one another in the media(to include television, radio, newspapers, word of mouth and all modern and accepted forms of media). The Parties agree that they shall not issue any statements,press releases, respond to any questions or commentary, or participate in any interviews regarding any agreement or the performance of any Party to this Agreement on the Advanced Metering Infrastructure System Project, except as follows: • Statements approved by mutual agreement; 3of5 4836-6409-0903.03 042814/1304/16682.00006 J - 42 • Statements at City Council meetings necessary to introduce this Agreement, or any subsequent final settlement agreement, and discussion by City Council in regard to the proposed approval of such Agreement(s). • Statements describing the process or procedure in which the Parties are currently engaged; • Statements that explain the benefits the City anticipates by being engaged in this process; In addition, each Party shall endeavor to avoid tortious conduct regarding any agreement or the performance of any Party to this Agreement on the Advanced Metering Infrastructure System Project. The Parties recognize that this Agreement, and any final settlement agreement that results from the negations contemplated in this Agreement, must be approved by the Port Angeles City Council. Such approval must be done in a meeting open to the public. City staff must introduce the Agreement in the public meeting and respond to questions, and City Council must discuss and vote on the Agreement in the public meeting. Recognizing that, the City agrees that the discussions, explanations, and comments related to, or concerning, Mueller or any of its representatives which are made by the City or any of its representatives during any public meeting do not violate this agreement but shall comply with the provisions of this paragraph 2.9 and of paragraph 2.11. 2.10 Nothing contained in this Agreement shall constitute or be treated as an admission by any of the Parties of liability, of any wrongdoing or professional negligence, or breach of contract, or of any violation of the law. 2.11 Confidentiality. The Parties recognize that the City is a public entity and is obligated to make records available to the public in accordance with the Washington State's Public Records Act, Chapter 42.56 RCW. Subject to that obligation, the Parties agree that the matters relating to this Agreement shall remain confidential, except as provided in this Paragraph. The Parties shall not directly or indirectly disclose, suggest, imply or hint at the settlement terms or conditions (financial or otherwise)being negotiated under this Agreement to any other person, other than such persons whose knowledge is necessary to carry out the provisions in this Agreement(and who shall be advised of its confidentiality and agree to be bound by this provision), or the Parties respective attorneys, accountants or tax advisors or as otherwise required by law. If any Party or its representative or advisor is contacted by the media regarding this Agreement, the Parties shall maintain confidentiality consistent with what is required pursuant to paragraphs 2.9 and 2.11 of this Agreement. Each Party shall be responsible for any breach of this Agreement by its representatives or advisors. 4of5 4836-6409-0903.03 042814/1304/16682.00006 J - 43 MUELLER SYSTEMS, LLC By: Date Name: Title: CITY OF PORT ANGELES By: Date Name: Title: 5of5 1096116/19557325v.1 4836-6409-0903.03 042814/1304/16682.00006 J - 44 I RT NGELES '° µ.... WAS H I N G T O N, U . S. A. CITY COUNCIL MEMO DATE: June 3, 2014 To: CITY COUNCIL FROM: Nathan A. West, Director, Community and Economic Development SUBJECT: Waterfront Development Phase 2A (Beach Project) TR02-2003, Award Construction Contract to Bruch& Bruch of Port Angeles,WA Summary: Bids were requested for the Waterfront Development Phase 2A, Project TR02-2003. 5 bids were received and opened on May 28, 2014. Bruch & Bruch of Port Angeles, WA was the low responsible bidder in the bid amount of$1,011,325.39. Recommendation: Approve and authorize the City Manager to sign a contract for the Waterfront Development Project Phase 2A (Beach Project), Project TR02-2003,with Bruch & Bruch of Port Angeles,WA in the total bid amount of$1,011,325.39,including applicable taxes, and to make minor modifications to the contract,if necessary. Background/Analysis: This project is the beginning of the second phase of the Waterfront Development. This sub-phase of phase two is the development of two pocket beaches with drift sill/revetment structures, revisions to existing utilities infrastructure to the Port of Port Angeles' Terminal 4, and the installation of utility connections for the remaining two sub-phases that make up the entire Phase 2 work. The two other sub-phases are for the trail and for the other concrete areas, structures, and landscaping. Long-term maintenance costs have been considered for the project. Staff has consulted other jurisdictions with similar park and recreation facilities. It is recommended that $21,000 be incorporated in the City Parks and Recreation Department budget to cover annual costs for phases 1 and 2 of the Waterfront Development Project. $6,000 annual material and capital costs and $15,000 will cover staff costs. Funding for this sub-phase of the project is available through the 2014 Capital Facilities Budget from grants and Council allocated Economic Development Funds. The funding sources are indicated in the attached budget spreadsheet. Bids were requested for this contract, with 5 bids being received and opened on May 28, 2014. Staff has evaluated all documentation. Based on the evaluation of the request, Bruch & Bruch of Port Angeles, WA is the lowest responsible bidder in the amount of$1,011,325.39. K - 1 June 3,2014 City Council Re: Construction Contract—Waterfront Development Phase 2(Beach Project) Page 2 The total bid amounts are tabulated in the following table. Totals shown include applicable taxes: Contractor Total Bid Bruch&Bruch,Port Angeles, WA $1,011,325.39 Tunista Construction, Federal Way, WA $1,124,726.96 (incomplete bid package submitted) Interwest Construction, Burlington, WA $1,183,283.56 Norland Construction NW,Norland, WA $1,247,511.64 Strider Construction, Bellingham, WA $1,249,023.82 Engineer's Estimate $1,304,530.00 It is recommended that City Council award and authorize the City Manager to sign a contract for the Waterfront Development Phase 2A, Project TR02-2003, with Bruch & Bruch of Port Angeles, WA in the amount of$1,011,325.39, including applicable taxes,plus $80,900.00 (8% contingency) for a total approved budget of$1,092,231.42 and to make minor modifications to the contract, if necessary. K - 2 Costs or TOTAL Resources-- Detail Phase 2 WATERFRONT PROJECT: Design Services: 596,505 WSDOT Regulatory redesign 57,400 Sub-total Design 653,905 WEST END PARK CONSTRUCTION Design Consultant 89,200 Professional Services 45,000 West End Park and Trail estimate 1,464,759 Bruch&Bruch Beach Construction 1,011,325 Beach Contingency 80,900 C&1 Excavating 33,547 Vanir Contract 247,947 Sub-Total Construction Phase 1 2,972,678 TOTAL PROJECT EXPENSES 3,626,583 PROJECT FUNDING PLAN(RESOURCES): Economic Development Fund 1,596,401 NICE Funds-2013 revised budget 150,000 CERB grant 500,000 RCO grant 302,400 TAP Grant 189,972 Council non GF2013 appropriation 116,000 2010 RCO Budgeted 400,309 2014 Budgeted FEMA grant 261,501 2014 RCO Bubble 110,000 TOTAL PROJECT RESOURCES/FUNDS 3,626,583 Amount of funding required (0) K - 3 F 0,RIT, NGELES „r1Rll�ff�(�IIII((f�(fO�HHHH�H,� WAS H I N G T O N, U. S. A. CITY COUNCIL Date: JUNE 3,2014 To: CITY COUNCIL From: NATHAN A.WEST,DIRECTOR COMMUNITY AND ECONOMIC DEVELOPMENT DEPARTMENT Subject: Amendment 6 to the Professional Services Agreement with Studio Cascade, Inc. for the Waterfront Transportation Improvement Plan TR02-2003 Summary: The proposed amendment expands the scope of design efforts to account for Washington State Department of Transportation (WSDOT)required changes and Waterfront Development Phase II design during construction. Recommendation: 1.)Authorize the City Manager to sign Amendment 6 of the agreement for professional services with Studio Cascade,Inc., in an amount not to exceed$146,600 to complete WSDOT required design changes and Phase II design during construction. Background/Analysis: Since May of 2011 the City of Port Angeles has contracted with Studio Cascade, Inc. for design services associated with the Waterfront Development Project. Project design was intended to be implemented in phases. During the process of project design and implementation six (6) amendments have been required to date. Most amendment costs are attributed to planned design phases in the project, however, three (3)incorporated costs associated with State and Federal regulatory requirements not available to staff at the inception of the original contract. Two (2) amendments also incorporated costs associated with un-anticipated change orders. The proposed amendment predominately covers the anticipated design during construction costs that the City does not pursue until such time a successful bid award is imminent. Specifically these costs cover the design services required for the construction of all Phase II elements. It is important to note that at this time only the Beach sub-phase has been presented to City Council for award. The total anticipated cost for this portion of the amendment is $89,200. Recently, the City received a funding agency request to separate bid packages for elements of the park that are funded by a dedicated grant and necessitate an independent, free-standing bid package. This requires redesign of the park's electrical system and landscaping to ensure project construction in independent phases is compatible and consistent with the park's overall design intent. This amendment includes an allowance for design team services to make those revisions to the design and bid specifications. The cost for this portion of the amendment is $57,400. K - 4 The table below outlines contract amendments to date for Council background. Agreement Date Description Cost Original Contract 515111 Esplanade and West End Park $1,252,922 Construction Drawings 100% & 60% Amendment 1 7/12/12 Army Corp Required Mitigation Plan $6,700 Amendment 2 9/18/12 Design Support of Esplanade $40,000 Construction, contractor submittals, and design changes Amendment 3 11/20/12 Underground Storage Tanks and Piling $46,905 Ins ections Amendment 4 3/19/2013 60%-100% design and bid documents $168,615 for Phase II West End Park Amendment 5 3/4/2014 Esplanade change orders design, trail $46,030 widening and mitigation. Amendment 6 6/3/2014 WSDOT required design changes and $146,600 Phase II design during construction Total Agreement Cost I 1 1 $1,707,772 The majority of services associated with this amendment are being performed by local firm Zenovic and Associates. Other services will be provided by HBB Landscape Architecture, Coastal Geologic Services, Studio Cascade and Sazan Electrical Engineering. Staff recommends City Council authorize the City Manager to sign Amendment 6 of the professional services agreement with Studio Cascade, Inc., in an amount not to exceed $146,600. Staff will be available for any questions and a design team representative will also be available. K - 5 PUBLIC WORKS CONTRACT STATUS REPORT March 2014 - May 2014 (COSTS SHOWN INCLUDE APPLICABLE TAXES) ACTIVE CONSTRUCTION CONTRACTS AWARDED BY CITY COUNCIL BUDGET ORIGINAL PRIOR MAR. -MAY REVISED PROJECT TITLE CONTRACT CHANGE CHANGE CONTRACT (Construction) AMOUNT ORDERS ORDERS AMOUNT Lauridsend Blvd. Bridge $5,129,025.00 $4,498,380.00 $79,031.00 $0.00 $4,577,411.00 Replacement(TR42-99) ..-._. .. ....................... ... Combined Sewer Overflow Phase 1 (US06- $17,092,350.00 $16,278,350.00 $586,105.76 $147,874.53 $17,012,330.29 01; WW08-2008) Rayoni....., __ ..................�. .......... ...........__........... er Diffuser Repair/Modifications— $400,000.00 $383,000.00 Phase 1 CSO Project $50,000.00 $0.00 $433,000.00 (US06-01) 2012 SCADA System Upgrade-Replacement $730,103.00 $570,102.70 (PSA 2012-09/WW02- $0.00 $7,306.97 $578,023.46 10) ............... ......... ....... Tumwater Retaining Wall (TR06-09) $197,056.00 $185,405.00 $0.00 $0.00 $185,405.00 PURCHASE ORDER CONTRACTS $7,500 - $25,000 AND LIMITED PUBLIC WORKS PROCESS OR SMALL WORKS ROSTER CONTRACTS UNDER$25,000 AWARDED IN LAST 30 DAYS (gUOTA"I"IONS AVAILABLE FOR INSPECTION AT CONTRACT SPECIALIST'S OFFICE) CONTRACTOR CONTRACT/ DESCRIPTION DATE AMOUNT OR VENDOR PO # AWARDED Jaco Consruction Inc. LO-14-013• Transformer- * , Oil Testing & 5/19/2014 $14,720.00 PO#31082 Sampling .. *VTI Electric, Inc. SW-14-015; Fiber Installation at PA Landfill for 5/8/2014 $9,234.60 -------- SCADA Upgrades *Fairchild Floors WW-14-011 WWTP Admin Building Carpet 4/9/2014 $3,300.78 Installation Traffic Safety Supply P5#30891 Premark Thermal Tapes Street 4/18/2014 $11,145.02 Sign Materials *Small Works Roster Contract UPCOMING PUBLIC WORKS CONTRACTS NEXT 60 DAYS„ ESTIMATED DATES SHOWN) PROJECT ADVERTISE BID OPENING START END TITLE FOR BIDS CONSTRUCTION CONSTRUCTION None M - 1 PUBLIC WORKS GRANT & LOAN STATUS REPORT April 2014 — May 2014 PROJECT PROJECT GRANT/LOAN GRANT MATCH AWARD DESCRIPTION COST SOURCE&COST LOAN DATA LISTING STATUS Power Systems Demand Response $498,960 BPA Bonneville Power $498,958 Waived January Demonstration Market $1,101,076 Administration $58,158 City 2013 Underway Project $45,000 Private Residential Demand Bonneville Power $362,750 BPA March Response Pilot Project $660,000 Administration $297,250 City 2010 Underway Stormwater Stormwater $1,448,186 DOE $1,000,000 May 2012 Underway Retrofit and Low FY 2011 Proviso DOE Impact Grant $333,334 Development Grant Required City Match $154,852 City other costs (flood control) City of Port $170,000 DOE Local No match August Underway Angeles Toxics Control required 2013 Stormwater Account Capacity Grant DOE FY 2012 $150,000 from Peabody Water Quality Supplemental DOE; $50,000 March Agreement is being Grant $250,000 Statewide minimum City 2014 processed Stormwater Grant match Program Engineering CSO Phase 1 Projects, $24,751,000 PWTF Loan Loan @ 0.5%int.; April 2007 Closeout Design&Construction $1,875,000 15%match Loan @ 0.5%int.; CSO Phase 1 Projects, $24,751,000 PWTF Loan 15%match;may May 2008 Closeout Design&Construction $10,000,000 use SRF loan as match , CSO Phase 1 Projects, $20000,000 DOE SRF Loan @ 2.6%int.; Construction (with Construction Loan no match required Jan.2011 Closeout contingency) $10,000,000 M - 2 PROJECT PROJECT GRANT/LOAN GRANT MATCH AWARD DESCRIPTION COST SOURCE&COST LOAN DATA LISTING STATUS Ranked DOE State No. 7 on Revolving Fund Loan at 2.7% draft CSO Phase 2 Projects, $16,728,000 (SRF)Construction interest;no match funding Applied December Design&Construction Loan required list,final 2013. $12,000,000 notification expected July 2014. $361,708.00 grant $50,000 PTC grant Work complete. 000 PTC in Dry Creek Bridge for $50, Final Olympic Discovery $725,000 RCO Grant kind Spring reimbursement Trail $116x0,000 Lodging 2009 request and loan $110,000 National closeout in process. Park Service Project is nearly 98%completed. Contractor is at Lauridsen Blvd Bridge $4,776,825 grant substantial Replacement $5,971,031 BRAC Grant $1,194,206 City Nov 2010 completion as of April 11,2014. Landscape planting will be done in October. Solid Waste 2013-2015 Waste Exp to sign i Reduction,Recycling, $225000 DOE Coordinated $168,750 grant early Signed in October , Moderate Risk Waste Prevention Grant $56,250 City October 2013 Disposal Landfill Bluff Cell Interagency $3,999,100 Agreement is Stabilization $21,249,693 Agreement with Financial NA finalized DOE Assistance Landfill Bluff Cell Public Works Board $7,000,000 loan at Expected Applied May 16, Stabilization $21,249,693 (PW�B)Construction 2.55%interest July 2015 2014 Loan List of Acronyms BRAG: Bridge Replacement Advisory Committee BPA: Bonneville Power Administration DOE: Department of Ecology DWSRF or SRF Drinking Water State Revolving Fund or State Revolving Fund NOANet Northwest Open Access Network NOSC North Olympic Salmon Coalition PASD Port Angeles School District PSP Puget Sound Partnership PWB: Public Works Board,administers the PWTF Program PWTF: Public Works Trust Fund RCO: Recreation and Conservation Office SRF: Salmon Recovery Funding TIB,AIP or PSMP: Transportation Improvement Board,Arterial Improvement Program or Pedestrian Safety and Mobility Program WSDOT: Washington State Department of Transportation M - 3 ADS LLC Consultant Agreement CSO and Weather Station Monitoring Services Date Original Agreement Authorized by Council:September 15,2009 Amendment 2 signed July 9,2012 Amendment 3 signed July 8,2013 Amendment signed 11/5/2013 Agreement Expires: July 14,2014 Billings Through:April 15,2014 Original on rac Amount Contract Amount September 15, through Task# Task 2009 Amendment 4 Billings to Date %Complete, 1 Flow Monitoring Equipment $36,139.79 $36,139.79 $35,646.69 99% Precipitation Measurements/Weather Station 2 Allowance $4,336.00 $4,336.00 $41336.00 100% Site Assessment and Installation of All 3 Equipment $18,399.17 $18,399.17 $18,399.17; 100% 4 Website Set Up $1,626.00 $1,626.00 $1,626.00 100% 5 Flow Monitoring Field Service $31,575.00 $169,423.20 $161,782.19 95% Data Analysis and Preparation of Final Flow 6 Data $14,013.00 $73,989.20 $72,131.24 97% 7 Wireless Communications $1,139.04 $6,746.33 $6.755.76 100% 8 Website Data Display and Alarm Notification $2,400.00 $11,500.20 $11,359.34 99% 9 Technical Assistance $5,984.11 $0.00 0% Totals $109,628.00 $328,144.00 $312,036.39 95% M - 4 \° Q M C7 o E 6 O V O O R CD cc 04 04 O cq cc� H N N Go W Ln Lo Z p O C) H � � 7 r T O a d Cl? M +' Ln LC') � 7 LO C O CM C NQv t H r o (V o 0 o O °o °o LO LO N 04 >NO O V Q o N U Z r o U .0 cu o (n c c o co v c C . >,N v. a V E J V N C O m 0)LU � � O ACV � E- N Q M �O O Q O Q a) U o L Y co O E w o H Z W O N N �. p " m H a CD N Q Q m M - 5 Aspect Consultant Agreement,Project SW08-01 Landfill Post Closure Consulting 8 Engineering Services Date Agreement Authorized by Council:October7,2008 Date Amendment 1 Authorized by Council:September 15,2009 Date Amendment 2 Authorized by Council:February 15,2011 Date Amendment 3 Authorized by Council:January 17,2012 Date Amednment 4 Authorized by Council:January 14,2014 Agreement Expires:April 30,2016 Billings Through:3/2 812 01 4 ContractAmount ContractAmount ContractAmount ContractAmount Original Contract through Through Through Through Billings % Taskdl Task Amount Amendment Amendment2 Amendment Amendment4 to Date Complete 11 GrnundwaterRenods e _ $'44j00.00..- �m $64.013.97 73% 1.1.1 Biannual Reports $6 500 $26.100 $53 224 0(1 587.368.22 1,1,2 P.nneal.Groundwater Monitoring Report 513.F00 943400 $56.400.00 $87.907.01), . 5?36,049 BR 3111 4g7.,5(i 82°.6 1.1.3 Seawall Fluid Report $8.000 $15.500 $15.500 $15,500 515.500.00 $18046.30 116% 1.2 Seawall Monitoring Report and Raarh Mppifprina Analysis of Transact data,Tech Memo 121 and Recommendafions WPM $14-300 $19.800.00 $32.470.00 332 470-.00 522 992]3 71% 1.2.2 Beach MoNlorlan SYR4"4 it '', $7;526.26' 0°5 Annual 1„2,� Report Beach Morphology Monitoring $8 000 819,300 $27 300,0q S4B.459.00 $8n 196,0.5 $26,47-5.3.5 _. ___ 33% 1._2,4 Beech Monitoring Reouletory Support 58,507,74 0% 1.9 Foals iarinn of Mnnitnnnp Well 43 $6.900,00 $R OOQ,OQ $B 000.00 $3 762.93 63% EvapuaWn of Environmental Monitoring of 1.4 the$04 C'Dm Want Landtlq $%000.00 $8.000.00...... SB.000.00 5 ,00 0% 1,N Evaluation of the Landfill Gas Svstem $7.000.00 551.658.72 $98.134.%q $7T36106 7946 2 Maintenance$up130R 513 000 56.000 $12.000 $24,000 342 000 $18.981A9 45 3 Macro-Aluae Survey 30 561000 $61.000 Vi $11?,00-q $10326467 93% 'Total $58.000.00 $185.100 ....... 5438 216.7.2_ $632.746.64. 5446.327.75 ??% M - 6 BergerABAM 2014 CSO Phase 1 - Rayonier Outfall Physical Evaluation Date Agreement Authorized by City Manager: February 19, 2014 Agreement Expires: March 14, 2014 Billings Through: 3/14/2014 Original Contract Billings % Task Amount to Date Complete Diving Inspection Services $20,900.00 $18,330.26 87.70% F--Total Contract Amount $20,900.00 $18,330.26 87.70% M - 7 N N CD O5 CD CD N 0 ° co CL 7- 0 3 N. DDD ,�T COC �° r N — A ID a N N N Q1 C 0 0 0 0 0 0 0 0 �,° v '0 ° CD CD p a n-i` ' W = z a� � - o s p Q. (D c c>D � 'p 0 N a a v O CD go o p r w �', m n v m N y 2 c' c ° i a a a 3 N n ° w 3 0 c D eA �+ A ��� m c1 � O m m > > °c C.'c °c r 7 N CD S to ' 7 7 7 rF�. n CL 7 7 N 7 CAD N �.4. �. -A M O O 7 `7 fl d z '11 a rt z 0 ro v N N cr MR r 7 CO �NON7 a CD z D p N W N ° W a 7n W G) -' m - m Go j3 3 W W A N Dn woo m 6] O W A ? A W W S 7 _�CL Cl -1 00 00 O N CO w N C d CD N 0 0 o O O O O O O 0 X N C 3 LO N CL fD m CL m m w cn rA rA 44 ° fA N A 611 to N A W 7 I00 Of N N N 0• A N 9) N -4 COT W N N v D A N ',,.to N FA �Wq 7 N J W W :,I A CNT p CT C�co W V OVD + A O N W O CD 7 pO O O O O O O O O O CD l0 0 O O O o O o 0 7 pO O O O O O O O O O CD O 0 O O O O O O O 10 fi! e fA ''..£A 6A EA 7 O CA '69 fA W fA (O A_ V N J W O CT V to A 0o O OD CT W W cow CD '� ACA N O N IV O o w 90 P A Cb A O ? W N M CT fT O O ',.A O IV 'l ''CD CO W W v to ',r Qf A N 0 T O N WN •CNl1 J 0011 W Cy71 O V N m OO A O = N M - 8 CH2M HILL 2013 Elwha Project Technical Engineering Services Date Agreement Authorized by City Manager: August 16, 2013 Agreement Expires: February 21, 2015 Amendment No.1: October 11, 2013 Billings Through: 3/14/2014 Original Contract Billings Task# Task Amount to Date Complete 1 Elwha Consulting Assistance $4,000.00 000.001 2 Directed Services $1,000.00 $0.00 0.00% 3 A 1 Assistance $15,000.00 $11,060.11 73.73% Total Contract Amount $20,000.00 $16,060.11 80.30% M - 9 Exeltech Consulting,Inc. Date Agreement Authorized by Council: 6-Mar-12 Origingal Amt Amend Amt Total Lauridsen Blvd Bridge Authorized Amount: $715,251.40 Amendment No.1 Authorized: May 7,2013 $463,522.16 $1,178,773.56 Amendment No.2 Authorized: March 18,2014 $75,000.00 $75,000.00 LBBR Aurthorization Total $538,522.16 $1,253,773.56 Laurel/Lincoln/L Blvd Intersection Authorized Amount: $100,515.70 $100,515.70 Total Authorized Amount: $815,767.10 $1,354,289.26 Agreement Expires: June 30,2014 Billings Through: De.Wrn , 013 u get Contrac men e 7[71 (De-sign Task Amount Amount Amount Billings to Date %Complete rl sen v n ge &Project $715,251.40 $715,251.40 - $630,407.89 88% agment) ridsen Blvd Bridge ) $538,522.16 $471,249.16 88% 2 Lincoln/Laurel/L Blvd $100,515.70 $100,515.70 - $77,404.16 77% 0% 0% 0% ME,,Totals $815,767.10 $815,767.10 $1,354,289.26 $1,179,061.21 87% PW 0410_02 [Revised 08/06] M - 10 Herrera Consultant Agreement,Project OCA 2011-03 Landfill Cell Stabilization Engineering Services Date Agreement Authorized by Council:October 18,2011 Agreement Expires: October 18.2013 Amendment No.1:March 13,2012 Amendment No.2:June 19,2012 Amendment No.3:March 19,2013 Amendment NoA:July 16,2013 Billings Through:2128/2014 Billings % Task a 'Task Contract Amount to Date Complete I Prelminary Research and Sung A_ $1.635,00 $1.135 62 w_, 69% 2 Data Review $18.031 $10751,,,89 57% 3 Field Reconnalssance $10861. $3,72055!. 34% 4 $ummary of Findings 59.007 58 203.48'. 91% Short Tenn Refuse Assessement and 5 Containment Support $25,956 $32.481.83 1251+ Drainage System Modifications 6 Aasessmenl Deslen,and„S,-upoort $31.1601 $40 Ron 99 131% 7 Consiructlpn Administrative Services $25.000 $19,779.01 79% 8 Shoreline Manitoring Program A54i OC1 54019377 86% Geophysical Investigation of 304- 9 Compliant Landfill Gel $49.700 564.063.88 129% Summary of Data Collection and Concept 10 Des' n Retinomaa:nd $53,500 $21721.47 42% Landfill Evaluation and Removal moo v'aJRtl'!wl le $129.579.20 21.4% 11 A1brmatl _ww_ $59 100 'Bluff Toe Stablllzallon Concept Mitigation 12 Plan $43.700 173.R19 AS $2% 1.1 GranUFundina Support 115.000 $3 899,76 26% 14 Prnterl,Management $57.384 $7637973', 133% Cumulative Effects Analysis of Precast 15 Artno_r1np Units $64.265 $71 000,44 84% 16 Permit Development&ADdications $217,171 _A310301 47 143% 17 ,301A Deslon Development $747,,2R1 5725622.79 91% 18 public Outreach $15.000 $8632.,93 591 Amendment 4 ',. 19 Prnirrl Mananement $FA,700 $40 87570 70% 20 Final Design(60%and 90%) $502,900 $421.372,60 64% 21 1MO/o Contract Documents $163 50r1 $50.674 61 31% 22 4unnlemental Site Investlaations $95,900 $101,465.38 106% ....... sac..,...:.;,m.: Skpl rtarmnW Premitting and Cultural 23 Resources $6&-900 $34_753-89 .rah% 24 Public Involvement $15,500 $424.75 3% 25 Bid Phase Sown $32.500 $44.04 0% pmandmsnf/subtotal $931.000 $649.501, 01 Amandm_ent 6 26 Additional Refuse Removal Concept $71,644 $19,093,47 27% 2_7 6upPlamental PS&E $73,536 $5,799251 8% 28 GW-1 Pumolno and GW 2/3 Monitoring 530,544 $28,937 49 95% 29 Seawall Access Road Analysis $42.190 $24411195 584 30 General Stormwaler Permit $24,645. $17.424.41 71% 31 PertnilGnn $39 995 $0,00 0% Amendment 6 subtotat' 5282.555 195 979 57 34% ontrac t Amount $2,781,329-0-0 12,_334.032.98'.. 84% M - 11 Printed 5/20/2014 City of Port Angeles HERRERA AGREEMENT, STORMWATER ENGINEERING SERVICES PSA 2013-10 Date Agreement Authorized by Council: November 19, 2013 Agreement Expires: January 31, 2015 Billings Through:May 2„ 2014 rigina Contract Billings to Subtask# Description Amount Date %Complete 1.0 Preconstruction Planning and Design-Green $79,136.00 $48,477.61 61% LID Alley Project 2.0 Preconstruction Planning and Design- $10,289.00 $7,078.59 69% Peabody LID Water Quality Project 3.0 Preconstruction Planning and Design-Decant $18,151.00 $13,122.53 72% Facility Project 4.0 Project Management/Contract Administration $12,268.00 $4,870.50 40% Total,Tasks 1.1-1.8 $119,844.00 $73,549.23 61% Pa M - 12 Herrera Consultant Agreement, Project DR 03-2011 Stormwater NPDES and Capital Needs Assessment Date Agreement Authorized by Council:August 16,2011,Amendment 5/15/2012 Agreement Expires: December 31, 2012 Billings Through: December 31, 2012 men e Contract Billings to Subtask# Description Amount Date %Complete 1.1 Project Management $8,033.00 $7,379.63 92% 1.2 Existing Stormwater Program Characterization $16,458.00 $17,497.37 106% 1.3 Stormwater Program Regulatory Gap Analysis $16,329.00 $16,586.06 102%/ 1.4 Water Quality Data Analysis $16,561.00 $13,977.49 84% 1.5 Support Prioritization of Existing CFP $3,968.00 $2,322.23 59% Drainage Project List 1.6 Financial Analysis and Funding $25,948.00 $24,161.20 93% Recommendations 1.7 Draft and Final Reports and Presentation $15,347.00 $6,107.52 40% Support/Public Education 1.8 Water Quality Project and Program $4,499.00 $4,255.69 95% Development 2.1 Project Management $707.00 $499.31 71%I 2.2 Peabody Creek Drainage Contaminant Survey $20,269.00 $17,555.14 87% Total,Tasks 1.1-1.8,2.1-2.2 $128,119.00 $110,341.64 86% M - 13 PACE Engineers Consultant Agreement,Project 104690 Stormwater Engineering Services Date Amended Agreement Authorized by Council:September 3,2013 Amended Agreement Expires: September 31,2014 Billings Through:February 28,2014 ngina Contract men a on rac men men o Task# Task Amount Amount No 2 Contract Amount IBillinqstoDate %Complete 1 Preliminary Desiqn and Alternative Analysis 1,1 Proiect Manaqement and Meetings $27,000,00 $27.000.00 $26,957.50 $26,957.50 100.0% 1,2 Hvdrologic and Hvdraulic Analvsis $24.000.00 $24.000,00 $23,930.00 $23;930.00 100.01/o 1,3 Initial Environmental Assessment $26,500.00 $26,500,00 $26,164,56 $26,164,56 100 0% 1.4 Initial Geotechnical Evaluation $38,500.00 $38.500.00 $33.519.11 $33„519.11 100,0% 1.5 Alternative Analvsis/Schematic Lavout/Cost Estimates $29,100.00 $29,100.00 $27,595.00 $27,595.00 100.0% Design and Permitting of Several Small Outfall and Culvert 1,6 Repairs $20.000,00 $20.000,00 $19,986,70 $19,986,70 100,0% 1,1 a Topographic Survev $30,626,00 $27,031.30 $27,031.30 1000% 1.2 a Final Geotechnical Assessment-Proposed Ravine Outfall $11,588,00 $5,947„76 $5,947,76 100,0% 1.2 b Environmental Services $12,859,00 $7,800,99 $7,800,99 100,0% 1,2 c 1 Permitting Needs Assessment &Aaencv Coordination $4.310.00 $0.00 MOO 100.0% 1,2 d SEPA checklist $7,699,00 $4,200,00 $4,20000 100,0% 1.3a 60%Plans and Specifications $37,704,00 $37,702A0 $37,702.00 1000% 1.4a Public Involvement $0.00 $7,707.50 $7,707.50 100.0% 1.5a Permitting $2,592,00 $0,00 $0.00 100.0% 1,6a 90%Plans and Specifications $37,704,00 $0.00 $0.00 100„0% 1,7a 100%Construction Plans and Specifications $18„852,00 $0.00 $0,00 100,0% Reimbursables $4.054.00 $1.358.02 $1,358.02 100,0% Final Desiqn Package 1_A Survev Services $14,369.79 $14,369,79 100.0% 1.13 Survev Services $6,241.20 $6,241,20 100,0% 2,A Geotechnical Services $36,307.41 $34,437„07 94,8% 2..B Geotechnical Services $9,19500 $9,160.00 99.6% 3.A SEPA Checklist $3,885.00 $2,674.50 68.8% 3,13 SEPA Checklist $3,941.00 $3„915,00 99.3% 3.0 Wetland/Waterwav Delineation $8.170,00 $8.150.00 99,8% 3.D Wetland Mitigation and Critical Area Report $8.156.00 $8,138.52 99.8% 3,E No Effect Letter Section 7 ESA:EFH Eval $4.403.00! $4,144.071 94,1% 3.17 1JARPA and Agency Coordination $9,271.00 $9,271.00 100,0% M - 14 3.G Additional Tasks-Enviromental Services $0.00 $000 #DIV/O! .......................- 4.A Public Involvement $7,110„00 $7.110,00 100.0% 5.A Hydrologic and Hydraulic Analysis for Rainqardens $22.075,00 $24.543,500 111,2% 5,13 Hydraulic Analysis of H Street Capacity Upgrade 1 $4,280,00 $4.255001 99,4% 6rA 60%Plans $27.332,50 $27.332,50 100r0% 6,13 60%Plans $7,904.00 $7,880.50 L 99,79/. TA 90%Plans and Specifications $53,312,00 $54,164.50 101,6% TB 90%Plans and Specifications $8,29050 $8,290.50 100,0% 8,A 100%Construction Plans and Specifications $18.732.00 $19,130.00 102.1% 8.13 100%Construction Plans and Specifications $5,016,00 $5.080.50 101.3% 9,A Bidding and Award $5,870.00 $0 00 00% 9„B Bidding and Award $2,373,50. $0,00 00% eim ursables Amendment 3 $5.364.85 $3.714.91 69.20/c Totals 1 $165,100.001 $333,088,00 $521,500.19 $511,903,50 982% Note Transfer$667.50 from task 3.A to task TA M - 15 5/12/2014,Breakdown Sheet printed 511212014 City of Port Angeles Streamkeepers Fecal Coliform Monitoring Payment#7-2014 Date Agreement Authorized by Council: October 16,2012 Agreement Expires: December 31,2016 Billings Through:4/8/2014 Table 1 -Summa of Pit meats Payment Amount umu a ve o of # Time Period Invoice Number(s) Approved Total Authorized 1 January 2014 Lab Testing 14-0107 $1,865.00 $1,865.00 9% 2 January 2014 Labor-Invoice 20T4.024R 2014.024R $1,423.14 $3,288.14 16% 3 February 2014 Lab Testinq 14-0204 $468.00 $3,756.14 19% 4 February 2014 Labor 2014.027R $484.80 $4,240.94 21% 5 March 2014 Lab Testinq 14-0256 $494.00' $4.734.941 24% 6 March 2014 Labor 2014.038R $436.33 $5,171.27 26% 7 April 2014 Lab Testing 14-0305 $650.00 $5,821.27 29% 0°/u 0% 0%' 0% 0% 0% 0% 0%° 0% 0% 0%0. 0% 0% 0% 0% Streamkeepers Fecal Coliform Monitoring Table 2-Breakdown of Pa ment s nvo ce revoous Task# Task Contract Amount Amount Total New Total 1 Lab Testinq $12,000.00 $650.00 $2,827.00 $3,477.00 2 Labor Costs $8,000.00 $2,344.27 $2„344..27 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 Totals $20.000.00 $650.00 $5,171.27 $5.821.27' Check sum= $5,821 V M - 16 Terre-Source LLC Agreement Compost Remediation at Transfer Station Date Agreement Authorized by Council: N/A Amendment 1,April 18,2014 Agreement Expires: July 31, 2014 Billings Through: 3/31/2014 Contract Amount Original Contract through Billings % Task# Task Amount Amendment 1 to Date Complete 1 Review and Evaluation $2,500.00 $2,500.00 $2,720.00 109% 2 Letter to Ecology $1,000 $1,000 $1,955.00 196% 3 'Directed Services $1,500 $1,500 $268.50 18% Non-EO Compost Reprocessing and 4 Testing $8,750 $2,238.21 26% 5 Revise Compost Operations Plan $6,150 $0.00 0% Total Contract Amount $5,000.00 $19,900.00 $7,181.71 36% M - 17 Vanir Construction Management, Project OCA 2012-02 2012 On-Call Construction Management Services Date Agreement Authorized by Council: February 21, 2012 Agreement Expires: February 21, 2015 Billings Through: 3/31/2014 Original Contract Billings % Task# Task Amount to Date Complete 1 Phase/CSO, Project No. 06-01 $1,787,668.00 $1,787,610.60 100.0% Total Contract Amount $1,787,668.00 $1,787,610.60 100.0% M - 18 PARKS, RECREATION & BEAUTIFICATION COMMISSION MEETING Port Angeles, Washington April 17, 2014 CALL TO ORDER—REGULAR MEETING Chairperson Shargel called the regular meeting of the Port Angeles Parks,Recreation& Beautification Commission to order at 6:00 p.m. ROLL CALL Members Present: Chairperson Shargel,Vice Chairperson Stratton,Commissioners Young,Knowles,and Merritt. Members Absent: Commissioners Pittis and Forrest. Staff Present: Director Delikat,Director West,D Bellamente, and Secretary Kochanek. APPROVAL OF THE MINUTES It was moved by Stratton and seconded by Merritt to: Approve the minutes of the March 20, 2014 regular meeting. Motion carried 5-0. PUBLIC COMMENT None. FINANCE 1. Monthly Fee Revenue Report Director Delikat reviewed with the Commissioners the Parks&Recreation Monthly Fee Revenue Report and moved the Parks&Recreation Quarterly Report to the May 15,2014 regular meeting. LEGISLATION 1. None. LATE ITEMS—(PowerPoint Presentation) 1. De Minimis Exemption Director West informed the Commissioner of a request from the WSDOT for a De Minimis exemption to facilitate a grant application for development of phase II of the City's Olympic Discovery Trail Project. It was moved by the Commission to fully support this grant opportunity. 2. Olympic Discovery Trail Chuck Preble of the Peninsula Trails Coalition provided the Commissioners with an overview of the preliminary trail completion plan for the 10t11 Street to Crown Park,Crown Park to Marine Drive,Hill Street to Valley Creek, Valley Creek to City Pier, and Rayonier Site incomplete segments. Director West thanked Director Delikat and Chuck Preble for the great job they have done on the trail. DIRECTOR'S REPORT-(PowerPoint Presentation) 1. Campfire House Update Director Delikat provided the Commissioners with a copy of the City Council Memo recommendation to approve and authorize the Mayor to sign the purchase and sale agreement,along with the Facility use agreement,to accept legal ownership of the Campfire Clubhouse from the Camp Fire Snohomish County Council and allow the City Manager to make minor modifications to the agreement, if necessary. The motion was moved and carried and the City now owns the facility. M - 19 PARKS,RECREATION&BEAUTIFICATION COMMISSION MEETING—April 17,2014 2. Blue Star Marker Event Director Delikat stated to the Commission that the Blue Star Memorial Highway Marker dedication was April 4,2014 at 11:00 a.m. at Veteran's Memorial Park and that the Garden Club provided a wonderful lunch at the Vern Burton following the dedication. 3. Parks&Recreation Events Director Delikat informed the Commissioners that Parks&Recreation will be hosting the MKL, Presidents Day, Spring Hoopfest,April Fools, and May Day Roundball Basketball Tournaments. He stated that Parks& Recreation has started the Co-ed Soccer,Women's Basketball,and Peninsula College Spring Basketball Camp programs and updated the Commissioners on the success of the 4`h Annual Rock, Gem&Jewelry Show.He informed the Commissioners that the winner of the Rock Show's Ethiopian Opal Necklace door prize,donated by Michael Smith Jeweler,was eight year old India Anderson. He stated that 200 plus people attended the Kid's Fishing Derby and 35 fishing poles were awarded to the kids and 400 hot dogs were donated by Evergreen Meats and Bob Petty and gave a special thanks to the Port Angeles Fly Club for their hard work.He informed the Commissioners that the Senior Center for the month of March had 378 Volunteers that put in 5,864 hours with 79 programs and 6,004 participants and provided free AARP Tax Aid. He reviewed with the Commissioners the upcoming events and invited the Commissioners to attend the May 10`h Michael Knight Concert to be held at the Vern Burton Community Center. 4. Contracts&Agreements Director Delikat informed the Commissioners that he was still working on the Farmer's Market Contract and was happy to announce the new park sponsorship of Georgiana Park by David Mabrey. 5. Future Items Director Delikat commented that he would be discussing future topics, such as Capital Facility Projects,Civic Field,Bike Parade,Park Maintenance projects. He also reminded the Commissioner's of the summer hiatus after the May 15,2014 regular meeting. 6. Questions/Comments None. ADJOURNMENT Chairperson Shargel adjourned the meeting at 7:10 p.m. Next meeting May 15,2014 Vern Burton Community Center meeting room#3 at 6:00 p.m. David Shargel, C airperson Cindy 106hanek, Secretary Page 2 of 2 M - 20